Family Law

1. How do I begin a divorce?
   
   Griffeth Law Offices schedules initial consultations at no charge and once you have retained our office, we will prepare and file the divorce petition and accompanying documents to begin the divorce process.
   
   
2. What do I do? I was just served with divorce papers?
   
   If you were served in Arizona, you have twenty (20) days to file a response. If you were served out of State, you have thirty (30) day to respond. The Maricopa County Superior Court has forms to respond to the divorce. Griffeth Law Offices recommends you seek legal advice before filing any response to ensure your rights. We offer free initial consultations.
   
   
3. What are the different types of custody?
   
   The State of Arizona recognizes various types of custody. The most common misunderstood custody term is Joint custody. Joint custody entitles both parties to consult on all concerning the children's educational, medical and religious decisions. In a sole custody arrangement, one party makes all the decisions. Shared custody is also joint custody whereby the parties parenting time is almost equal with the child/children.
   
   
4. How will my child custody and visitation be determined?
   
   Child custody and visitation are determined either by agreement of the parties, through mediation by a court mediator, by a court appointed evaluator and/or by a judge.
   
   
5. How is child support determined?
   
   Maricopa County and the State of Arizona have instituted guidelines for calculation of child support. The main factors to be considered are: the income of both parents, the visitation by the non-custodial parent, health insurance paid on behalf of the child/children and child care costs. There are other factors that can contribute to the calculation of child support.
   
   
6. Can I get alimony/spousal maintenance?
   
   Spousal maintenance is based on many factors. The length of the marriage, the difference between the parties' incomes, the ability of the spouse seeking spousal maintenance, the ages of the minor children and many other factors. There are guidelines in the State of Arizona which typically begin after a five year marriage. The Courts look at all of these factors before determining an award of spousal maintenance. It is recommended that you consult with an attorney to obtain legal advice concerning spousal maintenance.
   
   
7. How will our property and debts be divided in the divorce?
   
   Arizona is a community property state. All community property is divided equally between the parties. In addition, all debts incurred during a marriage (no matter whose name they are in) are community debts and both parties are liable for the payment of them. Any separate property or debt of a party prior to the marriage is awarded to that party. In most cases, the parties dispute over their community property and sole and separate property and a judge must make a ruling as to who will have the property. Our office works for you as a client to ensure that all property is divided as equitably as possible. There are many complex issues when sole and separate property is commingled with community assets/property.
   
   
8. How long will my divorce take?
   
   The State of Arizona requires a 60 day period after service of the divorce petition. This is often referred to as a cooling off period. This cannot be waived and is the minimum time a divorce action take. Unfortunately, in some cases, divorces can linger on for up to two years if they proceed to trial and if there are many contested matters.
   
   
9. What is the difference between an uncontested divorce and a contested divorce?
   
   Griffeth Law Offices handles both contested and uncontested divorces. An uncontested divorce is where both parties have agreed on the resolution of the divorce; including custody, visitation, spousal maintenance as well as property and debt distribution. However, most divorces are contested.
   
   
10. Do I have to prove my spouse did something wrong in order to get a divorce?
    
    Because Arizona is a no - fault state, all divorces are filed based on irreconcilable differences and no one is at fault for the divorce.
    
    
11. How do I get an Order of Protection?
    
    In order to obtain an order of protection against a spouse or other party in a domestic situation, you can go to any justice or superior court and fill out the paperwork. Once the paperwork is completed, you will be brought before a judge who can issue the order of protection. If you need assistance, please contact our office.
    
    
12. What if my spouse and/or children are out of state?
    
    When one of the parties is living out of state, most divorces can still be handled in Arizona. There are timelines involved when children remain out of state before Arizona no longer has jurisdiction to determine custody, visitation, child support, etc. Please consult our office as soon as possible to discuss any of these issues.
    
    

Probate

1. What is an Estate Plan?
   
   An estate plan varies from individual to individual. In most cases, it involves a Will, a Living Will, a Power of Attorney for Health Care and can include a Trust.
   
   
2. What is a Will?
   
   A Will is an instrument whereby a person's assets are divided according to the decedent's intent.
   
   
3. What happens if I don't have a Will?
   
   If you die without a will and you own any type of asset, a probate case is opened through the Court and the Court determines who will take the asset.
   
   
4. What is a Trust?
   
   A Trust is an instrument that can be set up while you are living to protect assets. It is simultaneously prepared with a Will.
   
   
5. What is a Financial Power of Attorney?
   
   This is an instrument that provides for another person designated by you to handle your financial matters in the event of your inability.
   
   
6. What is a Medical Power of Attorney?
   
   This is an instrument that provides for another person designated by you to handle your medical decisions in the event of your inability.
   
   

Personal Injury

1. I have just been in a car accident. What should I do?
   
   After any accident, you should immediately seek medical attention. It is best not to talk to anyone about your case before speaking to an attorney.
   
   
2. I have medical bills and lost wages ever since my accident, how can I recover for my losses?
   
   You should contact an attorney to represent you to review your case and determine if you can recover your out-of-pocket expenses as well as for your pain and suffering.
   
   
3. How long does a personal injury claim take?
   
   In some cases, a personal injury case can be settled within a matter of months, You should not settle for your injuries if you are still seeking treatment for your injuries. You should consult with an attorney who can negotiate a settlement on your behalf with the other party's insurance company and/or your own.
   
   
4. How long do I have to pursue a claim?
   
   In most personal injury cases, you have a two year statute of limitation in order to file a lawsuit. When suing a public entity, you must provide notice of your claim within six months. You should consult an attorney as soon as possible to procure your right to collect for your damages or injuries.
   
   
5. What is a deposition?
   
   In all personal injury and accident cases, your insurance company, the other parties' insurance company, police and ambulance personnel, hospital personnel, or the attorney for an insurance company will at some point want to talk to everyone involved in the accident. In most cases, these statements are recorded by audio tape and in some cases, a deposition can be scheduled. The deposition is an informal conference wherein the person being deposed is asked countless questions concerning the accident and other matters. You should consult an attorney before answering any questions or making any statements to anyone, including your own insurance company.
   
   
6. How much does it cost to hire an attorney?
   
   In most cases, personal injury attorneys handle cases on a contingency case. This means that the attorney does not collect a fee until the matter is settled, other than for reimbursement of costs. If you do not win your case, the attorney does not receive a fee.
   
   
7. How can I help the attorney with my case?
   
   You can assist your attorney by keeping him/her informed of your progress of treatment for your injuries. Your attorney will need to have information from you concerning all doctors and other medical providers who you have seen for your injuries to obtain copies of all medical records and statements. You can further assist your attorney by only discussing your case with him/her and providing any and all information to him/her at your earliest convenience.
   
   

Bankruptcy

1. Should I file bankruptcy?
   
   This is a decision that needs to be made after careful consideration. You should consult with an attorney to determine if your case qualifies for bankruptcy or if there are any other avenues you could take to avoid bankruptcy. Griffeth Law Offices does not charge for an initial consultation to discuss bankruptcy cases.
   
   
2. How do I stop the creditors from harassing me at my home and my job?
   
   Should it be determined that you are a candidate for bankruptcy, a bankruptcy can be filed and your creditors will be notified and by law, they cannot contact you during the pendency of your bankruptcy.
   
   
3. Can I keep my house and car?
   
   In most cases, you can file bankruptcy and arrange with the creditor to keep your house and car(s). You should consult an attorney before making any decisions concerning reaffirming on debts.
   
   
4. How much does it cost to file bankruptcy?
   
   The Bankruptcy Court currently charges $200.00 to file a bankruptcy. The attorney's fees are usually handled on a flat fee basis and vary depending on the extent of the bankruptcy. Once you consult with an attorney, fees will be quoted at that time.
   
   
5. How long does it take before the bankruptcy is discharged?
   
   In most Chapter 7 cases, the bankruptcy is discharged within 3 or 4 months. There is usually one court appearance the party must attend and a trustee is appointed to handle the matter. Once the trustee has received all of the information necessary and the 341 hearing has been conducted, the discharge can be ordered by the Court.