Compassionate Counsel for Your Family's Well-Being

We understand the emotional challenges families often face during legal proceedings. Our compassionate team provides not only legal advice but also a supportive environment to help you make informed decisions. We are committed to safeguarding your family's well-being throughout the legal process.

About Us

Your Trusted Family Law Advocates

We take immense pride in being your trusted family law advocates. With a rich legacy of serving our community for over three decades, our unwavering commitment to the families we represent has made us a beacon of legal expertise and compassion.We take immense pride in being your trusted family law advocates. With a rich legacy of serving our community for over three decades, our unwavering commitment to the families we represent has made us a beacon of legal expertise and compassion.

One of the most difficult things a person can endure is a divorce, especially where it includes arguments over child custody. It is often a difficult, draining experience, both emotionally and financially. That’s why you need a competent, experienced and, perhaps most importantly, an empathetic and caring attorney by your side. We emphasize reasonable settlements, without the financial and emotional drain of lengthy and contentious litigation, in our family law practice.


“Timothy Forshey Law has been the most upstanding and considerate firm I have ever dealt with. When you’re scared and your world seems to be falling apart Timothy and his wonderful team are there for you. Tim and his team are there day and night for you. Timothy is very upfront and explains everything and anything for you. He and his team will be there with you and support you every single step of the way. You will never be alone in the legal process!” - Valued Client

WHAT WE DO

Family Law

Divorce and Legal Separation

Divorce is stressful, and the emotional challenges can be immense even before the legal process starts. Advance planning is often just as important as the divorce itself, which is why we recommend a personal consultation before you proceed. We take a compassionate, understanding approach to this pre-divorce guidance.

The decision to divorce is deeply personal — it's yours to make. Clients often want to know how long the process will take, what it will cost, and how it will affect their lives. We'll walk you through all of it. About 80% of our clients' divorces are resolved through settlement or mediation. When litigation is necessary, we fight for the best possible outcome, including custody and parenting time, a fair division of assets and debts, and appropriate spousal and child support.

We also handle Legal Separations, which involve the same process, cost, and issues as divorce — custody, asset division, and support — but leave you legally married upon conclusion. Unlike divorce, Legal Separation requires both spouses' consent. It typically makes sense only for couples with strong religious or moral objections to divorce, or practical reasons like preserving a spouse's health insurance coverage.

Child Custody and Visitation

You might be concerned that your ex (or soon-to-be-ex) is going to try to restrict your time with your child(ren) or pursue more parenting time than you believe is best for your child(ren). Even worse, you believe your ex (or soon-to-be-ex) is an unfit parent, and that you must minimize or even eliminate their access for the well-being or safety of your children. Either way, we can help protect your rights.

Our focus will always be on what is in the best interests of your child(ren). We will do all that we can to ensure your parental rights to allow you to raise your child(ren) in a fit and healthy home, hopefully with the full support and cooperation of your former spouse/partner. Divorce need not lead to disrespect and mistrust of your former spouse as you work together to co-parent in the best manner possible

Paternity

Every child has a right to receive support and care from both parents — even if the parents were never married. Child custody and support orders are available to protect those rights.

Many men are surprised to learn they have essentially no parental rights to a child born out of wedlock. A father's name on the birth certificate only creates a presumption of paternity — it isn't legally binding until a judge issues a paternity order. Acting quickly can prevent problems that might otherwise last for decades.

Whether you're facing a paternity suit, seeking to establish your own paternity, or pursuing child support from a father, you need an attorney who will protect your rights and interests. We have extensive experience with paternity matters and will build the right strategy for you and your child — starting with DNA testing when appropriate, through to final child support and parenting plan orders.

Property Settlements

Dividing assets and debts can be one of the most complex aspects of a divorce. If the property settlement is done inappropriately, the results can be unjust and cause years of financial, emotional and mental turmoil.

Many divorce cases involve difficult property division issues concerning family business assets, pension benefits or disputes as to the status of certain properties. Our experience and understanding of Arizona marital property law will help ensure that you are well represented in the litigation or negotiated settlement of even the most complex property division cases.

Spousal Maintenece

Divorce should not lead to fiscal crisis for either party. Under Arizona law, spousal maintenance — sometimes referred to as “alimony” — is a regular payment made by one party to the other during and/or after divorce. Determining whether spousal maintenance is appropriate, and the long-term consequences (including tax ramifications) of that choice, is often a key issue. Arizona has established guidelines for the determination of spousal maintenance. We will calculate the proper amount, for the proper duration, allowing you to proceed, financially, with your life following your divorce.

We protect the financial interests of our clients during and after divorce. Whether you are seeking to collect spousal support or defend against your soon-to-be ex-spouse’s unreasonable expectations, we will fight to protect your rights.

Adoption and Guardianship

One gratifying area of law is adoption. We will assist and guide you through the process of adopting a child or establishing guardianship of a minor or an incapacitated adult. We are delighted to help all families expand through adoption. We are committed to ensuring the well-being of vulnerable individuals through establishment of guardianship.

Frequently Asked Questions

How long does the divorce process typically take?

It varies widely. Arizona has a mandatory waiting period (often referred to as a “cooling off” period) of 60 days from the date of service of the initial Petition of Dissolution, so a bare minimum of about 62 days (to allow time for receipt of the filed pleadings back from the Court and time to serve) must pass. Some divorces, with two parties who are irrationally committed to destroying one another, can drag out for years. Thankfully, that has only happened to our clients one or two times in over 35 years. If everyone can be respectful and calm, we settle most of our divorces in 90 days (from filing) or less.

What are the advantages of mediation over a traditional court-based divorce?

Many, and they are immense. We often tell our clients “you can put your money into your children’s college fund, or you can put your money into our children’s college fund.” Property settlements in family law are truly algebraic. Be reasonable, and you will decide what happens in your case instead of a stranger called a “judge.” Your judge will spend a grand total of only a few hours ever thinking about you or your case. Trials are financially and emotionally expensive, risky, and remove your control over decisions. They also occur according to the Court’s calendar—not yours. Our average 90 days to completion on settled cases is more like six to 10 months if actively litigated. Let us help you to join the majority of our satisfied clients by resolving your case through a settlement conference or mediation.

How is child support calculated?

Arizona has Child Support statutes, guidelines and software calculators to determine child support. Variables including the parties' gross monthly incomes, ages of and number of child(ren), health insurance premium payments, daycare expenses, and the amount of time each party spends with the child(ren)] are fed into the calculator, which then detremines the amount of the child support obligation.

How much is your retainer fee?

It depends upon how we intend to proceed. If you are confident your spouse will be reasonable, we usually ask for a reasonable flat fee to settle your case. There is then no monthly billing statement and no hourly rate to worry about.

If your case devolves into a litigation case, we will redraw our fee agreement and then charge our normal hourly rates. You will then receive a detailed monthly billing statement clearly explaining every charge going forward.

Is family law your primary focus?

Family law is the type of law that we spend most of our time on.

Am I entitled to alimony?

Perhaps. It is heavily dependent upon the disparity of your income and that of your spouse, and the duration of your marriage.

Have you had any trial experience?

Yes, and then some. We have tried hundreds of cases. It is important to remember that the average divorce trial is measured in hours, not days or weeks like most other trials. It is tried to a Judge, never a jury. Divorce trails occur at a surprisingly swift pace.

How will we communicate?

All calls will be returned on the same day barring emergency. Email is actually preferred for most communication. Texts are common, but not our chosen option as we want to upload emails to your electronic file and texts make that more difficult. For particularly complicated or emotional communications we may ask you to come to our office to meet in person.

Should I go through with a divorce?

Surprisingly, this is a very common question. Unfortunately, answering this question is not our forte. If your marriage is unhappy and unrewarding with no light at the end of the tunnel, it seems even sadder to continue on that path. We highly recommend that a good marriage counselor should be your first stop—not a lawyer. Remember, divorces are not sad; unhappy marriages are sad. Divorce ends that sadness.

How will our property be divided?

All community property (property acquired during the marriage that was not gifted or inherited), is divided “equitably.” Remember, this does not necessarily mean “equally.” An algebraic division means that sometimes one spouse will get more assets to equalize more liabilities. Any property you had before the marriage (sole and separate property) remains yours.

How will our retirement accounts be divided without devastating tax consequences?

This almost always requires the preparation of a “Qualified Domestic Relations Order,” or “QDRO”—pronounced “Quad-row.” This is a specialized court order which requires, in the specifically appropriate language of your retirement plan administrator, a tax-free division and re-allocation of the retirement fund into separate retirement accounts for each spouse.

Email: [email protected]

Phone: (602) 495-6511

Address: 335 East Palm Lane Suite 100, Phoenix AZ 85004

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