Divorce
The single most common family law issue is divorce. Divorce is the process by which a marriage is officially and legally dissolved. Arizona is a "no-fault" divorce state. This means that a divorce can be obtained in Arizona generally if either spouse desires it. However, many issue raised in connection with divorce are not so simply resolved. Questions such as where the children will reside, how much child support will be paid, and how assets and debts should be divided are often very complicated and difficult.

Child Support. Child support is the money paid by one parent to another to cover a portion of the costs of food, clothing, and shelter for the children. The amount of child support is generally set at a pre-determined amount based upon the incomes of the parents. Sometimes parents can be obligated to pay additional expenses for the children in addition to normal child support such as day care, counseling expenses, and school tuition.

Parenting Plans. A "Parenting Plan" sets forth the residential schedule for children of divorce outlining when they are with each parent. The parenting plan also addresses decision-making with regard to the children and provides a means for resolving disputes that arise between the parents around such issues as education, religion and health care. Often the key to avoiding endless fights over children is a well-crafted parenting plan which addresses potential disputes and which is consistent with the best interests of the children.

Spousal Maintenance. Spousal maintenance (traditionally known as alimony) is money paid by one spouse to the other to assist the recipient in meeting his or her expenses. Traditionally, spousal maintenance is most common in marriages of longer duration where there is a significant difference in incomes. Maintenance can be used to allow a spouse to obtain education so that he or she can earn a higher salary. Maintenance can also be used to compensate a spouse who has made economic sacrifices to benefit the marriage. The most common example of this "compensatory" maintenance is where one spouse ceases working in order to care for young children while the other spouse is able to continue to pursue his or her career. We can assist you in determining whether spousal maintenance is appropriate in your situation and, if so, how much and for how long.

Paternity. Often it is appropriate for unmarried parents to bring paternity matters before the court. By doing so, the parent insures that the parentage of the child is affirmed and that issues of child support and visitation are properly addressed.

Pre-Nuptial Agreements
A pre-nuptial agreement is a contract entered into by couples planning on marriage which governs how their property would be divided in the event of death or divorce. People enter into pre-nuptial agreements for a variety of reasons, most commonly to protect assets for children from previous relationships. The law governing pre-nuptial agreements is complicated and such agreements are frequently difficult to enforce. Cayce & Associates can assist clients in entering into an agreement that is both fair and enforceable.