FAQs

The Law Office of Dina Afek, P.C. provides the following answers to questions frequently encountered at our Tucson law office as we help people throughout Southern Arizona with divorce and other family law matters, including child support and grandparents' rights. If you have other questions, or if you need immediate assistance in a divorce or other family law matter, please contact the Law Office of Dina Afek, P.C. for a consultation.

Q. How long will my divorce take?
A. The court will not hold a hearing on a dissolution of marriage until sixty days after the petition (divorce papers) have been served on the non-filing spouse. This statutory waiting period is present to provide a final opportunity at reconciliation or a change of heart before proceeding with a divorce. If the divorce is uncontested, it may be finalized within a few months of filing the petition. However, if there is significant disagreement over issues in the divorce such as the property division, spousal maintenance, child custody, or child support, the process can take considerably longer.

Q. How is child support determined?
A. The monthly support amount is determined according to a complicated statutory formula that takes into consideration a number of facts including the gross income of both parents, the number of parenting time days per year, the number and age of children, and costs for healthcare, childcare, and any extra or extraordinary expenses that may be necessary for the child's education or welfare. See our Resources page for more information on how to calculate or estimate the amount of child support which may be awarded in your divorce case.

Q. How does the court determine whether granting grandparent visitation rights would be in the child's "best interests?"
A. The court looks specifically at the historical relationship between the child and the grandparent, the reason the grandparent is seeking visitation, the reason the parent is denying visitation, and the amount of visitation that is being requested and how that time might impact the child's customary activities. If one or both parents are deceased, the court will also consider the benefit of maintaining an extended family relationship. The court will consider any relevant factor; it is up to the attorneys arguing for or against the visitation to persuade the court whether the visitation should be granted.