State: Arizona
Andy Urias
As a long-time resident of Arizona, Andy Urias is a dedicated and skilled advocate for his clients. Whether it is a divorce, establishment, or post-decree matter, Mr. Urias is focused on protecting the rights and furthering the interests of his clients throughout their family law case. Mr. Urias works diligently to provide representation that is committed, attentive, strategic, and proactive. While he is prepared to see his cases all the way through final trial, he believes strongly in a dispute resolution approach and works tirelessly to seek fair and equitable settlements for his clients.
Mr. Urias is a member of the State Bar of Arizona and the Maricopa County Association of Family Mediators. He is admitted to the Arizona Supreme Court and the United States District Court, District of Arizona. In a span of over 11 years of practicing law, Mr. Urias has participated in a number of trials and temporary orders hearings, including winning a case that allowed his client full legal decision-making regarding the child’s education. Mr. Urias continues to show his ability to navigate complex legal landscapes and provide quality representation for his clients.
Prior to joining Cordell & Cordell, Mr. Urias worked as a family law attorney in Arizona, and spent several years as a commercial litigator and business transactional attorney. Mr. Urias started his professional career in the music industry working in touring for major recording artists.
Certified Mediator
Scott C. Ghormley
Scott C. Ghormley enjoys family law to help people and family law provides that opportunity.
Mr Ghormley’s defining characteristic is, “Compassion. I understand the complex nature of family law and the uncertainty and emotional strain it can cause. Compassion allows me to understand my clients and the emotions they are experiencing while remaining separate enough to help them understand the law and present an objective point of view regarding their case. ”
“Every case is unique, and we cannot predict the direction the case will go, but that I prioritize open communication so he or she will know exactly what is happening with his or her case. While I am compassionate and empathetic, I am also assertive and forceful when it comes to protecting my client’s parental rights and I will do everything in my power to pursue my client’s goals.”
Licenses
Mr. Ghormley is licensed to practice in Arizona.
Education
Mr. Ghormley earned his Bachelors of Biological Sciences and Biochemistry with a Business Minor from Arizona State University. He earned his Juris Doctor from the Sandra Day O’Connor School of Law.
Professional Experience
Prior to joining Cordell & Cordell, he practiced family law with The Peterson Law Firm and subsequently with Rose Law Group.
Associations
- State Bar of Arizona – 2021.
- Maricopa County Bar Association, Family Law Section – 2021.
Awards
- CALI award for receiving the top grade in Legal Method and Writing
Christle Jones
At the age of 13, Peoria divorce attorney Christle Osei attended the adoption proceeding for two children her mother fostered. Judge Christopher Foley, who presided over the hearing, invited her to the bench to bang the gavel, finalizing the adoption. It was in this moment she decided she wanted to practice law because she realized its power and the power that lies in a judge’s decision.
“In my case, it was the power to decide my brothers’ family, fate, and future,” Ms. Osei said.
After law school, she immediately began her career as a Guardian ad Litem, advocating for the best interests of children in child abuse and neglect cases. In this experience, she saw children overcome trauma when they had the opportunity to have the presence of two, healthy parents in their lives.
“I believe the same is true in issues of custody and divorce,” she said.
Divorce in AZ: Arizona Divorce Law FAQs
Arizona divorce attorneys provide answers to frequently asked questions with regards to Arizona divorce laws.
Arizona Child Custody Questions
Arizona family law attorneys provide answers to frequently asked questions with regards to Arizona child custody and Arizona custody laws.
How is custody defined in Arizona?
Arizona no longer uses the term custody, effective Jan. 1, 2013; the term is now legal decision-making.
Therefore, Arizona courts will no longer determine who will receive custody but rather who will have legal decision-making authority over the children.
Who will receive legal decision-making authority for child(ren)?
The court can order both parties to have legal decision-making authority or it can order one party to have legal decision-making authority.
In deciding who will receive legal decision-making authority the court will consider the best interest factors specified by statute. The best interest factors are:
1. The past, present and potential future relationship between the parent and the child.
2. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest.
3. The child’s adjustment to home, school and community.
4. If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time.
5. The mental and physical health of all individuals involved.
6. Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.
7. Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent.
8. Whether there has been domestic violence or child abuse pursuant to section 25-403.03.
9. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time.
10. Whether a parent has complied with chapter 3, article 5 of this title.
11. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.
A.R.S. 25-403
What is joint legal decision-making? What is sole legal decision-making?
Joint legal decision-making requires both parents to work together collectively to make decisions regarding the childhood rearing of their children.
Sole legal decision-making allows one parent to make decisions regarding the childhood rearing of their children without consulting the other parent.
If the parents have joint legal decision-making, does anyone pay child support?
Joint legal decision-making does not equate to zero dollar child support order. Child support is based upon a shared income model. Thus, the income of both parents is considered to first determine the amount necessary to cover the basic needs of a child.
Even if you have joint legal decision-making, child support will be calculated taking into consideration that the parties have joint legal decision-making. The court will also consider other factors such as who pays for heath insurance, the parenting time schedule, extra education expenses, etc.
Can a parent refuse to allow parenting time if child support is not paid?
No, child support and parenting time are two separate issues. A parent is not permitted to make a unilateral decision to refuse parenting time previously ordered by the court.
At what age can my child decide which parent to live with?
Generally, the court will not allow a minor to decide where they will live necessarily. The court will consider the best interest of the child when determining where your child will reside.
There are several factors the court will consider. The court may consider the wishes of your child as a factor. The court will also consider the age and maturity level of your child.
Can third parties receive legal decision-making authority or visitation rights for my child(ren)?
Arizona allows a person other than a legal parent to petition the superior court for legal decision-making authority or visitation.
To petition for the court legal decision-making authority, the third party would have to show that:
1. The person filing the petition stands in loco parentis to the child.
2. It would be significantly detrimental to the child to remain or be placed in the care of either legal parent who wishes to keep or acquire legal decision-making.
3. A court of competent jurisdiction has not entered or approved an order concerning legal decision-making or parenting time within one year before the person filed a petition pursuant to this section, unless there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health.
AND
4. One of the following:
a.) One of the legal parents is deceased.
b.) The child’s legal parents are not married to each other at the time the petition is filed.
c.) A proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.
The court may grant visitation rights during the child’s minority on a finding that the visitation is in the child’s best interests and that any of the following is true:
1. One of the legal parents is deceased or has been missing at least three months.
2. The child was born out of wedlock and the child’s legal parents are not married to each other at the time the petition is filed.
3. For grandparent or great-grandparent visitation, the marriage of the parents of the child has been dissolved for at least three months.
4. For in loco parentis visitation, a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.
See A.R.S. 25-409
What is a parenting plan, and do I need one?
A parenting plan is a legal document that outlines the rights and responsibilities of each parent.
Generally, it includes information regarding the parenting time schedule, holiday parenting schedule, education of the children, child support, division of medical expenses, extra-curricular expenses, etc.
Parenting plans are essential post dissolution, so yes, you need one.
What can I expect from temporary orders?
During the pendency of your case you can file motions for temporary orders to address certain issues that cannot wait until the end of your case.
Temporary issues generally include, but are not limited to, parenting time, legal decision-making authority, child support, attorney fees, spousal maintenance, etc.
When will legal decision-making authority be decided?
Legal decision-making authority can be decided on a temporary basis pending your dissolution of marriage.
A more long-term decision will generally be made at the end of your dissolution, if not agreed upon prior.
When can I modify an order for legal decision-making and parenting time?
You can ask the court to modify an order of legal decision-making or parenting time if:
- The prior order of the court regarding custody has been in place for one year;
- You have reason to believe that the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health, you may file a motion to modify along with an affidavit expressing your belief for the court’s consideration;
- At any time after a joint legal decision-making order is entered, there is evidence that domestic violence, spousal abuse or child abuse occurred since the entry of the joint legal decision-making order.
- Six months after a joint legal decision-making order is entered, a parent fails to with the provisions of the order.
See A.R.S. 25-411
What if we cannot agree on a legal decision-making?
If you and your spouse cannot agree on legal decision-making, you will have a trial in which evidence will be presented by you and your spouse for the court to consider and make a decision regarding legal decision-making.
What is an ex parte order?
An ex-parte order is a decision made regarding a party without a hearing and is generally based upon a sworn affidavit of the party requesting the order without notice to the other party.
What is parenting time?
Parenting time is the time awarded to parent to spend with his/her child.
Can a judge order supervised visitation or no visitation?
Yes, the judge can order supervised visitation or no visitation if the judge finds that such an order is in the best interest of the child.
Will my child need to appear in court?
It is unlikely that your child would have to appear in court to be examined by counsel while in front of both parents.
What is more common is an in camera interview by the judge, if requested by either party. An in-camera interview is a private interview with the judge and your child regarding your case. Neither the parties nor the attorneys will be privy to the interview.
In order for your child to have an in-camera interview they must be able to clearly articulate facts or have a clear understanding of what they are being asked.
What is the Parental Kidnapping Prevention Act?
The Parental Kidnapping Protection Act (PKPA) established national standards for the assertion of child custody jurisdiction within the United States.
The Act does not explicitly state which is the proper state in which an initial child custody matter should be filed, but provides that the assertion of child custody jurisdiction by any state without consideration of the Act’s requirements does not provide a resulting “full faith and credit” in other states.
In addition to its provisions for full faith and credit, the PKPA explicitly provides that a state cannot modify the child custody decree of another state without complying with the terms of the PKPA.
Thus, if a state modifies a previous child custody order without compliance with the PKPA, the modification is not entitled to full faith and credit in other states.
In 1999, Congress enacted an amendment that explicitly includes “visitation” rights in the definition of “custody” rights covered by the Act.
Accordingly, the determination or modification of either legal custody, residence or visitation rights must comply with the PKPA or risk a lack of enforcement in other states.
What if my wife tries to move the kids out state?
When you file for a Dissolution of Marriage or Legal Separation, the court will automatically but a restraining order in place preventing either party from leaving the State without an order of the court or agreement of both parents.
If I have legal decision-making, will I receive child support?
Most likely yes, however the amount will vary depending on the circumstances of the case.
Can I collect my own evidence to use if my custody case goes to court?
Yes, the more you collect the more your attorney doesn’t have to, which of course saves you money.
However, it is important to consult your attorney about the kind of evidence that is required and the proper way of acquiring it.
What should I know before a custody trial?
Everything! You need to know whom you are going to call to testify on your behalf and the purpose of their testimony.
You need to know what exhibits you will be admitting as evidence and why they are important to bring before the court.
You need to know who the opposing party is going to be calling to testify and why.
You need to know what exhibits they are going to attempt to admit as evidence and analyze the possible purpose of said exhibits.
You need to know the law and how it applies to you.
This is by no means an exclusive list; there are number of things which could come up during a custody matter in which you would need full knowledge of.
But lastly, the most important thing you must know is what you want to get across to the court.
Do I need to use a Guardian Ad Litem?
A Guardian ad Litem is an attorney appointed by the court to represent the best interest of the minor child(ren) and report what they believe is in the child(ren)’s to the court.
The GAL will meet with both parents and the child(ren) and see how the child(ren) interact with parents individually.
Typically, a GAL will generate a report and file it with the court. A GAL’s work is paid for by one of the parties or both depending on the circumstances and costs vary from county to county and on the amount of work performed.
Though the GAL’s report is not dispositive of the court’s decision concerning custody or shared parenting, courts do often give a great deal of weight to the GAL’s opinion. Whether you need one depends upon the details of your particular case.
Arizona Alimony Laws
A judge may order one spouse to pay the other spouse alimony (i.e., spousal maintenance) if the recipient spouse can establish that he/she lacks sufficient property to provide for his/her reasonable needs; has had a marriage of long duration; is unable to support himself/herself through appropriate employment; or is the caregiver to a child of such tender years that he/she should not be expected to seek employment.
If the court first determines spousal maintenance is appropriate, the court will consider several other factors when deciding the amount and duration of the spousal maintenance obligation, including the length of the parties’ marriage; the age and health of each spouse; the approximate standard of living established during the marriage; and many other factors.
Spousal maintenance awards in Arizona automatically terminate upon the death of either party or upon the remarriage of the recipient spouse, unless each spouse specifically agrees otherwise in writing.
Arizona Resources
Read through our Arizona divorce and child custody articles to gain a better understanding of the road ahead. Educating yourself about the divorce process in Arizona will improve your ability to communicate with your divorce lawyer, which goes a long way toward helping you reach your goals in Arizona family court.
- Arizona Divorce Laws FAQ
- Arizona Child Custody Questions
- Arizona Alimony Laws
- Divorce Information for Every Step
- Legal Separation
Arizona Divorce Process
In Arizona, you can get a contested or uncontested divorce. When you can agree on a resolution, the divorce is uncontested. You must still file the requisite paperwork including signed agreements to be signed by a Judge to get a final order and be divorced. This process is quicker than a contested divorce.
If the divorce or any part of the divorce is contested, you must file a petition for dissolution of marriage and serve your spouse, who then has 20 days in state or 30 days out of state to file a Response to the Petition of Dissolution of Marriage.
Additional documents required include a child support order, a legal decision-making order, a parenting plan and a financial affidavit for both parties. Both parties must also provide discovery – documents showing debts, liabilities, and the value of all assets, including real and personal property.
The main factors of a divorce include:
- Child support
- Parenting time
- Legal Custody Decision-Making
- Division of Assets
- Division of Debts
- Spousal maintenance
Related Article: What to Know When Filing for Divorce
Arizona Residency Requirements
Arizona has residency requirements that you must meet before you can file for divorce. At least one of the spouses must live in the state or be stationed in Arizona for at least 90 days before you can file, and the marriage must be irretrievably broken. If there are children involved, in order for Arizona to have jurisdiction and be considered their “home State,” the children must reside in the state for at least 6 months.
Related Article: What Is the Residency Requirement for Filing For Divorce?
Grounds for Divorce in Arizona
Arizona is a no-fault divorce state, so you only have to allege irreconcilable differences and testify that you believe you cannot make the marriage work. The other party does not have to agree. However, if you have a covenant marriage, you must allege grounds. These grounds may include:
- Infidelity
- Felony-committed a serious crime and has been sentenced to prison
- Abandonment or left marital home for over a year
- Lived separate and apart for over 2 years
- Spouse was granted a legal separation by the Court and have not gotten back together in a year
- Drug or alcohol abuse
- Mental health issues
- Child abuse
- Domestic violence
Related Article: The No-Fault/Fault-Based Divorce Debate
Arizona Property Division Process
Arizona is a community property state, which means the court divides marital assets equally or equitably. Marital assets are those that the parties acquired during the marriage through the date of service for filing for a Dissolution of Marriage. However, while the court will try to divide assets equally, the statutes do not require an exactly equal division, but it must be fair and, in most cases, will be nearly equal or equitable in value.
Separate Property
You might wonder, “What is separate property?”
In Arizona, separate property includes:
- Any property a spouse owned prior to the marriage
- Gifts to one party
- Property acquired by inheritance or descent
- Property covered by a valid prenuptial agreement
- Property covered by a valid postnuptial agreement
- Property acquired after the date of service for the Dissolution of Marriage
However, if a spouse commingles separate property with community property, that property may become marital property. For example, if one spouse owns a house and adds the other spouse to the title, this separate property will be considered a gift to the community and will become a marital asset. A spouse merely moving into the house and contributing to the financial upkeep and maintenance of the house does not convert the property from separate to community but will allow for the other spouse to claim an equitable lien on the house.
Retirement accounts can be considered both community property and separate property. The process in which we can determine how much of an account is community versus separate is done through a qualified domestic relations order or a QDRO.
Businesses can also become marital property, usually because funds that are earned during the marriage are used for the business as well as the growth of the business during the marriage.
One other exception to the equal division of property is if one spouse wastes assets. For example, if a spouse spends $50,000 in marital funds on gambling or drugs, the court may reduce that spouse’s share of assets by $25,000, which would be the non-wasting spouses share of the funds.
Arizona Child Custody Laws
If the parents can’t come to an agreement on parenting time (or they do, but it’s not in the best interests of the children), the court will make that decision for the parents. In making its decision, the court considers several factors, including:
- The relationship between the child and each parent
- How the child interacts with the parents, siblings, and others who might affect the child’s best interests
- The child’s adjustment to their home, school, and community
- The child’s wishes, if the child is of suitable age and maturity to make decisions about parenting time
- The mental and physical health of both parents and the child(ren)
- Which parent is more likely to allow frequent and meaningful contact, whether by parenting time, phone calls, emails, video calls and other forms of communication
- Whether a parent intentionally misled the court regarding parenting time decisions and preferences and that time caused unnecessary delays or increased litigation costs
- Child abuse or domestic violence by the parents
- The nature and extent of coercion or duress used by a parent regarding parenting time
- Convictions of child abuse or neglect
- False reporting of child abuse or neglect
Related Article: Arizona Child Custody FAQs
Arizona Child Support
The statutes require child support to be calculated based on each party’s income. They provide a table of the base amount it costs for a child per month. Thus, if a party has two children, and their combined income is $5,000, the joint child support obligation is $1,332. To determine each parent’s share, divide his or her income by $5,000. For example, if one spouse makes $3,000 and the other makes $2,000, the spouse making $3,000 pays 60 percent of $1,332, and the other spouse contributes 40 percent of that amount.
The minimum child support for the non-custodial parent is 25% of his or her income. Arizona also increases child support for children over 12 years of age by a certain percentage.
Additionally, any extras, such as child care, insurance premiums and uncovered medical expenses and prescriptions, are divided between the parents based on their income percentages. For example, if the parties need after-school care for nine months and the cost is $250 per month for two children, multiply 250 by 9, then divide the total by 12 to add to the monthly child support.
If one parent pays the full amount of an expense, for example, health insurance premiums, to a third party, the income based percentage of that amount is added to the other other parent’s obligation and subtracted from the paying spouse’s obligation.
Judges will use a child support worksheet that incorporates the child support guidelines to calculate monthly child support. Judges will not deviate from the child support worksheet without a justifiable reason that an upward or downward deviation is in the best interests of the children.
Related Article: What Does Child Support Actually Cover?
Arizona Spousal Support
Arizona offers two types of spousal maintenance:
- Temporary support during the pendency of the divorce
- Post-dissolution spousal maintenance
Both forms of spousal maintenance are temporary. While the court has discretion over spousal maintenance, it does have guidelines to follow. It must determine if the requesting spouse is eligible to receive support.
Eligibility requirements:
- Lacks sufficient property, including property apportioned to a spouse during a divorce
- Lacks earning ability
- The age of the minor children
- Contributions to the other spouse’s education and ability to earn income or reduction of earning ability to the requesting spouse
- Age of the spouses
- The duration of the marriage
The court then decides on a reasonable amount for a specific length of time – usually enough time for the requesting spouse to become financially independent or sufficiently rehabilitated to financially support themselves.
Related Article: Will I Have To Pay Alimony?
Why Work With Cordell & Cordell
Property division, child support, time-sharing, and spousal maintenance can be complicated factors in a divorce. Even if you and your spouse agree on these factors, you should enlist the guidance of an experienced Arizona divorce attorney to prevent the violation of your rights and help avoid future issues or litigation.
Client Experience
“Very attentive to listening to me and taking my case seriously, and that meant a lot to me.” — Frank F.
“[My lawyer] was always in my corner, and his approach was intelligent.” — Timothy D.
Get The Support You Need For You & Your Family
Contact Cordell & Cordell for a consultation if you have been served with a dissolution of marriage or if you are planning on filing for divorce. Our Arizona divorce lawyers are ready to help you.
Christopher R. Kennedy
Family law tends to create highly personal and stressful situations. But that’s actually what Peoria divorce attorney Christopher R. Kennedy finds appealing about the practice.
“I feel that in what can be one of the most traumatic and emotional times in a person’s life, clients need someone who can look at the issues objectively, keep a clear head in a time of highly charged emotion, and provide sound advice not motivated by animosity, guilt, or as a result of distress,” Mr. Kennedy said.
Clients have a lot to deal with when going through a divorce. They can’t always make rational decisions in those situations.
“I can counsel and guide them on what rights they have in regards to their children, families, and property, and represent them on the legal issues as they deal with their current emotional situation,” Mr. Kennedy said. “Men, and fathers, in particular, are underserved by and experience bias in family court, and I find great satisfaction in helping to level the playing field through my representation.”
Mr. Kennedy says lawyers are not referred to as “counselors” arbitrarily. Clients need to feel they are heard, and excellent listening skills are essential to practicing law.
“My ability to listen objectively and without judgment allows me to connect with my clients, identify what issues are most important to them, and represent them effectively and efficiently,” he said. “Demonstrating objective compassion has helped me immensely in my practice.”
When clients meet with Mr. Kennedy, they can expect a safe space to communicate all of the facts relevant to their case.
“I am here to listen, without judgment, and to provide them an objective and honest opinion on what options they have,” he said.
Certified Mediator