John Bednarz | Divorce & Family Law Attorney

Gilbert Divorce & Family Law Attorney

You will work directly with an experienced family law attorney at the law firm of John Bednarz, P.C. throughout every stage of your divorce, support enforcement problem, or child custody dispute. We collaborate with you to identify your priorities and goals, develop a solid strategy for achieving them, and balance the demands of an immediate problem with your long-term interests and those of your children.

Contact our Gilbert office to speak with an experienced lawyer about how reliable legal information, practical advice focused on results, and a casual client service atmosphere can all work together to relieve the stress of a difficult family problem. We provide free initial consultations and make it as simple as possible for you to protect your family and build your future when divorce or another crisis occurs in your life.

With over 25 years of legal experience focusing on the family law needs of Greater Phoenix residents, John Bednarz provides practical and cost-effective legal advice on the full range of Arizona divorce and family law issues.

Call 480-507-6677 for Family Law Assistance.

We understand how things are for many Greater Phoenix families, and we understand why anyone going through a divorce or child custody dispute might be tempted to seek advice from friends and relatives who have been there before. However, family law, in general, is extremely sensitive to the facts of each case, and a strategy or legal principle that helped someone you know may not help you at all.

People who understand their legal rights and obligations regarding divorce, alimony, child support, and visitation are more likely than those who do not make good decisions for themselves and their children. A firm grasp of your legal position can also help to alleviate the stress of a family law crisis.

Once you understand how the law can protect you while also recognizing what it requires of you, you will be able to make sound decisions on issues ranging from property division to modification of support obligations. If you and your spouse can agree on the big issues, you’ll probably be able to agree on the minor details as well. We can advise you on legal separation agreements, uncontested divorce, and the appropriate form for the documents that must be filed with the court.

Family Law Practice Areas

Divorce
Child Custody and Visitation
Child Support
Property Division
Retirement Assets
Alimony
Modification And Enforcement
Domestic Violence
Father’s Rights
Grandparent Visitation
Paternity
Uncontested Divorce
Legal Document Services

FAQs

Q How long does it take to get a divorce?

Between the time the other party is served with the Petition for Dissolution of Marriage and the time the Court can sign the Final Decree, there is a mandatory 60-day waiting period. That means that if the parties agree on everything ahead of time, it could take as little as 75 to 90 days. If the parties cannot agree on all issues, the case must go to trial so that the judge can make decisions on the issues on which the parties could not agree. The case will take between five and nine months to complete.

Q What is the difference between joint and sole custody?

The terms "joint" and "sole" custody refer to "legal" custody, which entails decision-making. Joint custody requires both parties to agree on major decisions involving the child(ren), such as school transfers, non-emergency medical care, extracurricular activities, counseling programs, and so on. It also means that the parties have equal access to school conferences, school and medical records, and so on. The location of the child(ren) and the amount of time they spend with the other parent have nothing to do with joint or sole custody. This is referred to as residence and parenting time. The residence and parenting time schedule is determined by what is in the "best interests of the child." In general, the Court would have to consider which parent has provided the majority of the care for the child(ren) during the marriage, the parents' work schedules, the child(renwishes, )'s depending on their age, and whether either party has a history of domestic violence or substance abuse problems. The Court desires that both parties consider the best interests of the child(ren) and reach an agreement that both parties can live with. The child(ren) is/are not a prize to be won.

Q My spouse wants spousal maintenance. Will he/she get it?

Generally, if one spouse has been a stay-at-home spouse or has worked part-time or at low-paying jobs and cannot or will not be able to meet their reasonable needs on their own after divorce, they are entitled to an award of spousal maintenance. Also, he/she may be entitled to spousal maintenance if he/she contributed to the other party's education, has to stay at home to care for a very young or disabled child, has been married for a long time, or is older and unable to go out and start a career. If a party is entitled, the court must decide how much and for how long. One important consideration is the ability of the higher earner to meet his or her reasonable needs after divorce while still assisting the other party. Reasonable needs are determined by the parties' lifestyles during the marriage.