Lincoln & Wenk – Trusted Phoenix Family Law Attorney’s

Family law matters can feel overwhelming. Whether you’re going through an ugly divorce or struggling to co-parent a child, you shouldn’t navigate the complexities of Arizona’s court system on your own.

At Lincoln & Wenk, PLLC, we have  decades of experience counseling and advocating for our clients in a wide range of family law issues. We can help you and your family arrive at solutions that work for everyone. Call 623-294-2464 or contact us online to schedule your initial consultation with a family law attorney.

Level-headed representation, when you need it most

Many legal matters can be contentious and emotionally challenging, but family law cases present unique challenges. Issues such as divorce and child custody battles involve your entire family and affect everyone’s future in a very personal — and sometimes life-changing — way.

With so much at stake, it can be difficult to stay objective and advocate for your interests, and still consider solutions that account for everyone’s needs. This is where we can help. Our experienced family law attorneys can walk you through your options and help you navigate Arizona’s family law system with confidence.

We’ll begin with a detailed questionnaire in advance of your initial consultation, which will help us understand your needs. Then, you’ll meet with an experienced and professional attorney who can assist you with prioritizing your key concerns, and ways to keep your legal fees manageable. From providing legal advice on various family law matters to preparing your paperwork and representing you in court, our legal team will prioritize your goals and protect your rights at every turn.

As we guide you through the court process, we’ll make sure that all aspects of our legal strategy support you and your children’s best interests.

Our Family Law Services

Below are some of our most commonly requested family law services. However, this list is not exhaustive. If you don’t see your particular family law issue listed, call us today to schedule a time to speak to a family law attorney.

Even amicable divorces can be emotionally exhausting. All divorce proceedings have their legal pitfalls, too. Whether your divorce is contested or uncontested, you should hire an experienced divorce lawyer to counsel you and ensure your interests are being protected.

Our experienced team of divorce attorneys can assist you in all aspects of your divorce — from advising you on updated statutes and case law, to drafting all required documentation, to representing you in settlement negotiations, mediation, as well as in the courtroom. We also handle military divorce cases and can advise you on issues unique to military families, such as division of military pensions and other benefits.

At Lincoln & Wenk, PLLC, we put children first. As parents ourselves, we understand that preserving and prioritizing a healthy parent-child relationship is vital to your child’s development and well-being. That’s why our team goes above and beyond to help you negotiate fair child custody and visitation arrangements that work for everyone, but especially your children.

Our experienced legal team can assist you in devising and implementing solutions that prioritize your child’s needs. If necessary, we will advocate aggressively for your rights as a parent.

Contentious disagreements over child support and alimony can often times complicate an otherwise amicable divorce or legal separation. Our family law attorneys can provide clarity by explaining how Arizona courts determine child support and spousal maintenance.

By understanding what goes into these calculations and having a legal professional on your team, you’ll be in a better position to negotiate support orders that meet you and your child’s needs. Whether you are seeking child support or alimony, or expect that your spouse may, our attorneys will provide effective, skilled representation to advocate for your financial interests.

Property Division

In an ideal world, all couples would be able to agree to a fair division of marital property in the event of a divorce.  Since that’s easier said than done, community property division is often a contentious issue for Arizona families. Things can get even more complicated if you or your spouse owned an asset, such as the family home, prior to the marriage, or if the house was a gift or part of an inheritance.

With the help of our experienced divorce lawyers, you will receive a fair property division arrangement. Our law firm also has experience representing clients in high-net-worth divorce cases and has a vast network of accounting experts, business valuation experts, and other professionals.

Post-Divorce Issues

Just because your divorce is finalized doesn’t mean you won’t need family law services going forward. For example, you or the other parent may move out of state and would need to revise your existing co-parenting plan or visitation arrangements. Alternatively, you could remarry and seek to have your new spouse adopt your child. These are just a couple of the many situations that might require additional input from a family law attorney.

Our legal team can advise you on a wide range of post-divorce issues, including modifications of child support and custody orders, step-parent adoptions, paternity matters, child relocation, and more.

Surrogacy and Assisted Reproduction

Surrogacy and related reproductive legal matters present unique legal challenges in Arizona.   If you are considering surrogacy or undergoing fertility treatment, your focus should be on your physical and mental health and your family, not on the legalities of the process.  The attorneys at Lincoln & Wenk are some of the few attorneys in Arizona familiar with these issues and have successfully navigated them for many happy clients.

At Lincoln & Wenk, PLLC, we understand the emotional and legal challenges you may be facing and are committed to making the process as stress free as possible for everyone involved. Whether you’re an intended parent, a surrogate mother or a donor, our attorneys can provide effective and compassionate representation in negotiating surrogacy or egg/sperm donation agreements.

Adult Guardianships

A guardianship can help you protect and care for a loved one with a long-term illness, disability, or incapacity. As a guardian, you will have the legal authority to make decisions about that person’s finances, health care, and personal needs.

If your adult family member needs the assistance of a guardian, our attorneys can help you navigate the process of setting up a guardianship and securing the legal rights that come with it. We can also assist with establishing a conservatorship if that would be a better option for your loved one.

Document Preparation

Family law matters involve lots of paperwork. While filling out court documents may be tedious, it’s vital to the success of your case. A single missed deadline or incorrectly filled out form can set the process back by months and even jeopardize your prospects of securing a favorable outcome.

Let us worry about the red tape while you focus on what only you can do. We provide document preparation services with all our family law services, or as a standalone service. Whether you need help with your divorce, child custody, or child support papers, we are happy to help.

Domestic Violence

At Lincoln & Wenk, PLLC, we take domestic violence seriously. We understand the complexities and sensitive nature of domestic violence cases as well as the potential consequences for your family law matter.

If you or your children have experienced domestic violence, we can advise you on the various options available to protect yourself, such as seeking an order of protection from the court. Our attorneys will also walk you through the potential effects of domestic violence on your divorce or child custody case.

What You Should Know About Divorce in Arizona

Below are some critical aspects of Arizona family law that you should know when considering or moving forward with a divorce. To learn more or to get answers to  specific questions about your case, call our team at Lincoln & Wenk, PLLC, to schedule a consultation with one of our experienced  family law attorneys.

Hire a Divorce Lawyer as Early as Possible

Many people are under the impression they don’t need a lawyer in an uncontested divorce. Others don’t hire a lawyer because they didn’t want the divorce to begin with — their spouse did. In either case, not hiring an attorney is a serious mistake.

Uncontested Divorces Are Trickier Than You Might Think

Even though uncontested divorces don’t always end up in court, you would still need to reach a complete agreement. This includes major issues such as child custody, specific visitation schedules, child support, alimony, marital property division, and more. You shouldn’t negotiate these without legal counsel. Just one oversight or mistake can have long-term consequences — don’t leave your and your children’s future to chance.

The Challenges of Divorce Litigation

Having legal representation is even more important if your case goes to court. At Lincoln & Wenk, PLLC, we have had countless people contacting us desperate to overturn family court rulings where they unsuccessfully tried to represent themselves. In many of these cases, they could have avoided the unfavorable rulings had they been better prepared for the hearing.

Because they thought they could do it alone, they now face a long and costly battle to undo the decision or ruling. By hiring a lawyer sooner rather than later, you can save yourself a lot of time, money, and grief.

If Your Spouse Wants a Divorce, It’s Going To Happen

You should also talk to a family law attorney in Phoenix, AZ, even if you don’t want a divorce. In Arizona, if one spouse wants a divorce, the divorce is going to happen. Working with an experienced attorney from day one will help protect your interests.

What Is the Difference Between Contested and Uncontested Divorce?

In a contested divorce, you and your spouse disagree over some or all of the major issues, such as property division, child custody and support, visitation schedules, and spousal support. Contested divorces tend to be costlier, take longer, and be more emotionally taxing. They are also far more likely to end up in court than uncontested divorces.

If you are going through a contested divorce, talk to an experienced family law attorney in Phoenix, AZ, as soon as possible. Having independent legal counsel is essential to protecting your rights and negotiating a favorable settlement.

Conversely, in an uncontested divorce, both you and your spouse agree on the major issues and only need to iron out the details. Spouses often reach a mutually acceptable solution outside of court by mutual agreement. Uncontested divorces are much less costly and time-consuming than contested divorces, but you should still consult with an attorney. Otherwise, you risk overlooking critical details or saying yes to an unfavorable arrangement that you’ll later regret.

Why Everyone Should Consider Divorce By Mediation

Divorce By Mediation is a method of dispute resolution outside of court hearings. Instead of litigating your divorce in court, you and your spouse attempt to settle your differences and arrive at a mutually acceptable compromise with the help of a professional third-party mediator.

The proceedings are quicker, less expensive, and less formal than traditional litigation. You also have considerably more leeway to fashion custom arrangements that work for you and your family and have more control over the process. By contrast, if you take your case to court, you’ll be at the mercy of and will need to follow the judge’s ruling.

Another major advantage of mediation is that it is confidential. This allows you to keep your family affairs and the details of your divorce private. In traditional litigation, the proceedings become public record. For couples with children, mediation has the added benefit of preserving a productive and respectful co-parenting relationship.

You should give mediation serious consideration if you and your spouse are on good terms and agree on many of the major issues. Our attorneys at Lincoln & Wenk, PLLC, can review your case, advise whether mediation might be a good fit and explain the mediation process to you and your spouse.

Set Realistic Expectations Regarding Costs and Time Frames

An Arizona divorce can take anywhere from a few months to a year or more. There is a 60-day waiting period from the date of service of the divorce petition. Beyond that, you can’t predict with certainty how long your divorce will take. Each case is different, and the exact time frame will depend on various factors, including:

  • Whether the divorce is contested or uncontested
  • Whether you have minor children
  • Whether you and your spouse agree on custody, child support, and alimony
  • The value and complexity of the marital property
  • Whether you agree on who will keep the marital home and other aspects of property division
  • Whether one spouse is hiding assets
  • Your and your spouse’s income and employment history

After analyzing your case, your attorney can give you a rough estimate of how long the divorce process might take. That said, keep in mind that unexpected issues or disputes could arise at any time, so it’s always a good idea to arm yourself with patience.

The same applies to divorce costs. We can’t predict the financial consequences of alimony, child support, and the division of marital property upfront, but we can give you an educated guess. We’ll also provide you with a transparent breakdown of our fee structure so you can budget ahead.

What Could Go Wrong If You Don’t Contact a Divorce Attorney?

If you don’t hire a divorce attorney early — or at all — you risk seriously jeopardizing your case. There are many steps to the divorce process, including:

Missing just one of these steps, such as failing to ask for discovery or respond to formal discovery requests, can lead to an agreement that isn’t optimal for you. In more serious cases, your spouse could end up with everything they ask for — at your expense. A good family law attorney will have your back and ensure that doesn’t happen.

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genuine advocacy

We pride ourselves on being honest and trustworthy with a genuine passion for helping people.

Personalized Service

We understand that every case is unique, requiring a personalized strategy and plan.

Experienced attorneys

Our attorneys have significant experience navigating the complex family law system and can provide you with the guidance and support you need during this process.

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Arizona Family Law FAQ

Read the answers to common questions from our practice:

Q.

What Is Rule 69 in Family Law in Arizona?

A.

Rule 69 in Arizona family law allows the parties to a divorce or child custody case to settle some or all of their disagreements by entering into a binding “Rule 69” Agreement.  Once formally agreed upon, the parties are bound by their agreement and cannot back out of them.  Any other outstanding issues that can’t be agreed on will ultimately be resolved by the family law court Judge.

Q.

Is Arizona a Right-to-Mother State?

A.

No, Arizona is not a right-to-mother state. Arizona law recognizes the equal rights of fathers and mothers during separation and divorce. Judges may not consider the gender of either parent or the child when making child custody orders.

Q.

Can One Parent Move a Child Out of State?

A.

For either parent to move a child out of state in Arizona, he/she must provide the other parent with a 45-day advance notice of the intent to relocate. The other parent can then file an objection with the court if they choose to do so.

Q.

At What Age Can a Child Choose What Parent To Live With in Arizona?

A.

There is no specific age at which a child can choose what parent to live with in Arizona. Judges must make custodial determinations on a case-by-case depending on the facts of the case and using a best interests of the child analysis.

Call us at 623-294-2464 or contact us to schedule your consultation today.

GOODYEAR OFFICE
1616 North Litchfield Road, Suite 140, Goodvear. AZ 85395
Goodyear Office Location
PHOENIX OFFICE
20830 N. Tatum Blvd, Suite 210 Phoenix. AZ 85050
Phoenix Office Location
PEORIA OFFICE
14050 N. 83rd Avenue Suite 290, Peoria. AZ 85381
Peoria Office Location