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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.
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
Most people who are considering a divorce are understandably concerned and nervous about starting the legal process. The emotional hurdles are immense before one even gets to that point. In fact, sometimes planning is as important as the divorce itself. We strongly recommend a personal consultation to discuss whether, and how, to best proceed before proceeding. We are very much aware of this fact, and we take a very compassionate and understanding approach to pre-divorce counseling and education.
Whether to divorce, or not, is a very personal, troubling and stressful decision. We know that it is your decision—no one else (most certainly including your lawyer) should attempt to influence that decision. Clients are often unsure of what to expect: how long the process will take, how much it is likely to cost and how their lives and relationships will be impacted in both the short and long terms. We will help with all of these issues.
Whether through settlement conference (by far our preferred method—we settle approximately 80% of our clients’ divorces without ever going to court), mediation or active litigation, our firm will fight for your right to get the best possible settlement or judgment, including an appropriate access schedule with your child(ren), a fair distribution of assets and liabilities, appropriate spousal maintenance (as to amount and duration) and child support.
We also handle Legal Separations, though most clients opt out of that choice once they learn what it actually is—the exact same process and expense of a divorce [all of the same issues-- an appropriate access schedule with your child(ren), a fair distribution of assets and liabilities, appropriate spousal maintenance and child support] must still be resolved. The only difference is that at the end of the process, you are still legally married. Also, unlike divorces, Legal Separations must be consensual—they are not possible without your spouse’s consent and cooperation. Candidly, Legal Separation really only make sense when either there is a strong moral or religious conviction against “divorce” or a financial reason (such as to continue health insurance coverage for a spouse who will not otherwise be insurable on their own) compelling that option.
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). In the alternative, perhaps you believe your ex (or soon to be ex) is an unfit parent, and that you must minimize or eliminate their time with your children for their well-being or safety. Either way, we can help protect your rights pursuant to Arizona law.
Our focus will always remain 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 the care and support that both of their parents can provide to them. Even if the child(ren)’s parents have never been married, child custody and child support orders are available to enforce the parents', and their child(ren)’s, rights.
Many men are astonished to learn that they essentially have no parental rights to a child born out of wedlock. While the “father’s” name appearing on the child’s birth certificate gives a presumption of paternity, it is a rebuttable presumption. Swift legal action, hopefully without the direct involvement of the Court, can prevent long-term problems from festering and harming lives for decades.
Whether you are facing a paternity suit, seeking to establish your own paternity, or establishing child support against a father, you need an attorney who will safeguard your rights and protect your interests. We have substantial experience in matters involving paternity and will devise the strategy that is best for you and your child(ren), starting with biological verification of paternity via DNA testing (if appropriate) and proceeding to final child support and parenting plan orders. Do it right the first time and you will never need to go back to redo it later!
Property Settlements
Dividing assets and debts under Arizona community property law can be one of the most complex aspects of a divorce case. If the property settlement is done inappropriately, the results can be unjust and cause years of even more financial, emotional and mental turmoil–right when you least need it.
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 in the divorce process. Arizona now, finally, has established “guidelines” for the determination of spousal maintenance. We will calculate the proper amount, for the proper duration, so as to enable you to proceed, financially, with your life following your divorce.
We will protect the financial interests of our clients during and after a 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 area of law that is usually professionally satisfying, and often even fun, is adoption cases. We will assist and guide you through the legal process of adopting a child or establishing guardianship of a minor or an incapacitated adult. We are delighted to help families expand through adoption and committed to ensure the well-being of vulnerable individuals through establishment of a guardianship.
FAQS
How long does the divorce process typically take?
It can vary 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 (though, thankfully, that has only happened to our clients one or two times in over 30 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. I often tell my clients “you can put your money into your children’s college fund, or you can put your money into my children’s college fund.” Property settlements in family law are truly algebraic. Be reasonable, and you decide what happens to your case instead of a stranger, called a “judge,” who will spend a grand total of only a few hours ever thinking about you and your case. Trials are financially and emotionally expensive, risky, and remove your control and input as to the decisions made. 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.
How is child support calculated?
Arizona has Child Support statutes, guidelines and even software calculators to determine child support. Variables [gross monthly incomes of each party; ages of and number of child(ren); health insurance premium payments; daycare expenses, and the amount of time each party has with the child(ren)] are fed into the calculator, which then tells us 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 receive a detailed monthly billing statement clearly explaining every charge) going forward from that point.
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. I 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. It is down and dirty and occurs at a surprisingly swift pace.
How will we communicate?
By telephone (all calls, if not answered, are returned almost always on the same day), or email. 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 quite a common question. Unfortunately, answering this question is not our forte. We do not know your spouse at all, and usually, we just met you. 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 the sadness.
How will our property be divided?
As to all community property (property acquired during the marriage that was not gifted or inherited), the answer is “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 orders, in the specifically appropriate language required by your retirement plan administrator, a tax-free division and re-allocation of the retirement fund into multiple (hopefully, and usually, only two) separate retirement accounts—one for each spouse.
