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Family Law Representation in Tucson

When family relationships change, you need an attorney who combines legal expertise with understanding. Willman Law Firm provides strong, knowledgeable representation through every stage of your family law matter.

Family law matters are among the most emotionally challenging legal issues you’ll face. Whether you’re considering divorce, concerned about child custody arrangements, or need to modify an existing order, the decisions you make today will impact your family for years to come.

At Willman Law Firm, we understand that every family situation is unique. Our approach centers on empathy, clear communication, and providing you with the information you need to make sound decisions about your and your family’s future. While we work diligently to resolve matters outside of court, when possible, we provide vigorous representation at trial when necessary.

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Practice Areas Overview

Divorce & Legal Separation

Ending a marriage is never easy, but having experienced legal guidance can make the process more manageable. We represent individuals in divorce and legal separation proceedings, handling everything from uncontested divorces to complex cases involving significant assets, businesses, or contentious custody disputes.

We help you navigate:
  • Filing requirements and paperwork
  • Temporary orders for support and custody
  • Disclosure and discovery requirements
  • Property and debt division
  • Spousal maintenance (alimony) determinations
  • Establishing parenting plans
  • Settlement agreements
  • Trial representation when necessary

Understanding Arizona’s community property laws and how courts make custody decisions is essential to protecting you and your family.

Child Custody & Parenting Time

Your children’s well-being is top priority. Arizona courts make custody decisions based on the child’s best interests, considering factors like each parent’s relationship with the child, the child’s adjustment to home and school, and each parent’s ability to foster the child’s relationship with the other parent.

Our representation in this area includes:
  • Initial custody determinations in divorce or paternity cases
  • Parenting time schedules that work for your family
  • Legal decision-making authority (sole or joint)
  • Relocation requests when a parent wants to move
  • Custody modifications when circumstances change
  • Enforcement of existing custody orders
  • Representation in custody disputes

We help parents develop parenting plans that serve their children’s needs while protecting parental rights. When possible, we work toward cooperative solutions. When necessary, we provide strong advocacy in court.

Child Support

Your children’s well-being is your top priority—and ours too. Child support is vital to ensure your child is appropriately provided for. Arizona courts determine child support obligations based on guidelines applying multiple factors.

We assist with:
  • Initial child support orders
  • Income determination and calculations
  • Deviation from guideline amounts when appropriate
  • Support modifications due to changed circumstances
  • Enforcement of child support orders
  • Income withholding orders
  • Paternity establishment for support purposes

Child support continues until the child turns 18 (or 19 if still in high school), but the amount can be modified if there’s a substantial and continuing change in circumstances affecting either parent or the child.

Spousal Maintenance (Alimony)

In Arizona, not all parties are entitled to spousal maintenance. Courts consider factors including the length of the marriage, each spouse’s earning ability, the standard of living during the marriage, and each spouse’s financial resources and needs.

We assist with:
  • Temporary maintenance during divorce proceedings
  • Duration and amount calculations
  • Modification of existing maintenance orders
  • Termination of maintenance obligations
  • Defend against inappropriate spousal maintenance requests

Whether you’re seeking spousal maintenance or concerned about a potential obligation, we will help you understand your rights and present a compelling case to the court.

Property Division

Arizona’s community property laws mean that most assets and debts acquired during marriage are divided equitably in divorce. However, determining what is community property versus separate property can be complex, especially with commingled assets, businesses, or retirement accounts.

We represent you regarding:
  • Classification of assets as separate or community property
  • Valuation of real estate, businesses, and other assets
  • Division of retirement accounts and pensions
  • Division of debt obligations
  • Valuation and allocation of complex assets including stock options, inheritance, and business interests

Division of property is more complex than it may appear at first glance, multiple factors determine how an asset should be allocated. We will help you determine how best to protect your interests by correctly categorizing and valuing your assets.

Modifications & Enforcement

When life circumstances change, you may need to modify existing court orders. If the other party does not follow the existing court orders, we can assist you in enforcing the orders.

We assist with:
  • Custody and parenting time modifications
  • Child support modifications
  • Spousal maintenance modifications
  • Enforcement of custody orders
  • Enforcement of support obligations
  • Contempt proceedings
  • Collection of unpaid support

To modify a court order in Arizona, you typically must show a substantial and continuing change in circumstances. We will evaluate your situation and advise whether modification is appropriate and likely to succeed.

Paternity

Establishing legal paternity is essential to obtain court orders regarding parental rights and responsibilities, including custody, parenting time, and child support.

We assist with:
  • Voluntary acknowledgment of paternity
  • Court-ordered paternity testing
  • Establishing custody and parenting time for unmarried parents
  • Child support orders in paternity cases

Prenuptial Agreements

A prenuptial agreement (also called a premarital agreement) is a contract created before marriage that defines how assets, debts, and other financial matters will be handled during the marriage and in the event of divorce or death. While discussing a prenup may feel unromantic, it’s actually a practical step that can strengthen your marriage by ensuring both partners have clear expectations and financial protection.

Prenuptial agreements can address:
  • Classification of separate versus community property
  • Protection of pre-marital assets and inheritance
  • Business ownership interests and protection
  • Debt responsibility and liability
  • Spousal maintenance (alimony) provisions
  • Division of specific assets in the event of divorce
  • Estate planning coordination
Who should consider a prenuptial agreement?
  • Individuals with significant pre-marital assets
  • Business owners protecting company interests
  • Those with children from previous relationships
  • Anyone expecting substantial inheritance
  • Individuals with significant debt they want to keep separate
  • Those entering second or subsequent marriages
  • Partners with substantially different financial situations

Arizona law requires specific formalities for enforceable prenuptial agreements, including full financial disclosure, voluntary execution without duress, and provisions that aren’t unconscionable. We ensure your agreement meets all legal requirements while protecting both parties’ interests fairly.

Postnuptial Agreements

A postnuptial agreement serves the same purpose as a prenuptial agreement, but is created after marriage. Couples may seek postnuptial agreements for various reasons—changed financial circumstances, reconciliation after separation, clarity about financial roles, or simply because they didn’t create a prenup before marriage.

Common reasons for postnuptial agreements:
  • One spouse receives significant inheritance or gift
  • Starting or selling a business during marriage
  • One spouse incurs substantial debt
  • Reconciling after marital difficulties
  • Clarifying financial responsibilities and expectations
  • Protecting family wealth for children from prior relationships
  • Addressing changed income situations
Postnuptial agreements can cover:
  • Current and future property classification
  • Business interests and valuation
  • Debt allocation and responsibility
  • Spousal support provisions
  • Estate planning considerations
  • Management of separate property during marriage

Like prenuptial agreements, postnuptial agreements must meet specific legal requirements to be enforceable in Arizona. Both parties should have independent legal counsel, provide full financial disclosure, and enter the agreement voluntarily. We help couples create fair, legally sound agreements that provide clarity and protection.

A well-drafted postnuptial agreement can reduce future conflict and provide both spouses with financial peace of mind.

Why Choose Willman Law Firm
for Family Law Matters

Experienced Representation

Brett Willman focuses his practice on family law, bringing dedicated attention to divorce, custody, and related matters. His clerkship with a 40-year family law veteran provided invaluable experience in navigating family law matters.

Proactive Advocacy

We anticipate issues and develop strategic approaches that protect your interests from the start. Our proactive representation means identifying potential challenges early, preparing thoroughly for every stage of your case, and positioning you for the best possible outcome.

Comprehensive Approach

Family law matters often involve multiple interconnected issues. We address all aspects of your case—custody, support, property division, and more—ensuring nothing is overlooked.

Client-Centered Communication

We believe informed clients make better decisions. We take time to explain your options, answer your questions, and ensure you understand each step of the legal process.

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FAQs

Frequently Asked Questions

How long does a divorce take in Arizona?

Arizona requires a 60-day waiting period from the time the non-filing spouse is severed with the Petition for Dissolution of Marriage. While this is the minimum time period for a divorce to be finalized, contested cases involving children or property disputes may take longer. The complexity of the divorce is the driving factor for the length of the process.

What’s the difference between legal decision-making and parenting time?

Legal decision-making refers to the authority to make major decisions about your child’s education, healthcare, religion, and personal care. It can be joint (both parents decide together) or sole (one parent decides). Parenting time refers to the time each parent spends with the child.

How is child support calculated in Arizona?

Arizona uses calculation guidelines based on both parents’ gross incomes, number of children, parenting time schedule, health insurance costs, childcare expenses, and other factors. The Arizona Supreme Court provides a child support calculator that courts typically follow unless there are reasons to deviate.

Can I modify custody or support orders?

Yes, but you must show a substantial and continuing change in circumstances. For custody modifications, the change must serve the child’s best interests.

What is community property?

Arizona is a community property state, meaning most assets and debts acquired during the marriage belong equally to both spouses, regardless of whose name is on the title or account. Separate property (owned before marriage or received as a gift or inheritance during marriage) typically remains with the separate property owner.

Do I need an attorney for an uncontested divorce?

While you’re not required to have an attorney, even uncontested divorces involve important legal rights regarding property division, spousal maintenance, and if applicable, child custody and support. Incorrect or incomplete documentation can cause significant issues in the future. An attorney ensures your agreement is fair and properly documented.

What if my ex isn’t following the custody order?

If the other party violates a custody order, you can file an enforcement action, potentially including contempt proceedings. Courts take custody order violations seriously and can order various solutions including makeup parenting time, fines, or even jail time in severe cases.

How much does a family law attorney cost?

Family law representation is typically charged on an hourly basis. During your consultation, we will discuss our fee structure, provide a retainer amount, and explain what factors affect the total cost of your case. We also offer guidance on steps you can take to minimize legal fees.

Ready to Discuss Your Family Law Matter?

Family law issues are too important to face alone. Contact Willman Law Firm today to schedule a consultation and learn how we can help protect your rights and your family’s future.

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Willman Law Firm office building

Willman Law Firm serves clients throughout Tucson and Southern Arizona. Our office is conveniently located in East Tucson at 3430 E. Sunrise Dr., Suite 130.

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