Family Law and Divorce Attorneys in Arizona

Law Offices of Scott David Stewart PLLC

20470 N. Lake Pleasant Road
Suite 107
Peoria, Arizona 85382
USA

623-561-8200

www.sdsfamilylaw.com

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Law Firm Overview

The Law Offices of Scott David Stewart provides legal representation and personalized service in the areas of family law such as: divorce, alimony, child custody & support, domestic violence & paternity.

Over the years we have seen just about every kind of scheme and bookkeeping shell game used to hide information, particularly financial information, during a divorce case. Our investigators know where to look, how to investigate, and how to identify suspicious behavior. We aggressively protect our clients both in and out of court.

Our divorce attorneys make use of the following resources in domestic relations cases when financial, criminal, or personal information is needed for property division or child custody decisions. Child custody and visitation can be restricted or denied if a parent has a criminal record, addiction, or history of mental illness. Likewise, if a parent is involved in a dangerous lifestyle the court may transfer custody or refuse to grant it. We work with private investigators to uncover unsavory facts about your ex-spouse which pose a danger to your children.

If your former partner has unreported income or assets our office will work with a forensic accountant to uncover them. Has your name appeared on loans, promissory notes, or other financial documents that you were not aware of? We consult handwriting analysts to determine if your signature has been forged.

Practice Areas

Additional Practice Areas: Property Division and Debt Settlement; Modification of Orders; Enforcements; Establishment; Tax & Title Issues in Divorce; Stepparent Adoption; Postnuptial Agreements; Complex Asset Division; Grandparents' Rights; Military Divorce; Hidden Assets; Child Relocation and Parental Move-Aways; Real Estate Equity; Grandparent or Relative Adoption

Practice Areas Description

Our practice includes:

- Divorce

Arizona family court judges have a great deal of authority to determine alimony, property division, debt allocation, and even visitation terms in a divorce case. If your divorce will be heading to court, it's essential you have an experienced attorney prepared to fight for your interests. At the Law Office of Scott David Stewart each of our divorce lawyers has the experience and the expert resources to handle your case, no matter how complex.

- Property/Debt Settlement

All marital assets are subject to division in a divorce. Likewise, any debt acquired during your marriage, such as credit card balances, car loans and mortgages must be divided as well. The divorce attorneys at the Law Office of Scott David Stewart have the legal and financial resources required to sort through what can be a very complicated process, working closely with accountants and financial planners when necessary. We have handled many high-asset divorce cases and are prepared to help you understand how complex assets are viewed in divorce.

- Modification of Orders

At the Law Offices of Scott David Stewart our family law attorneys can explain how the court views a request to modify an existing visitation or support order and the process for doing so. It's vitally important to follow the proper procedure so you do not find yourself facing a contempt order for violating the terms of your original court order.

- Domestic Violence

Domestic violence causes severe harm to its victims physically and psychologically. Even if children are not the direct target of domestic violence or spousal abuse, watching or hearing their parent be abused can emotionally scar them for life. Working closely with law enforcement, investigators, and other experts as needed, our office employs every legal tool and resource available to put abusers behind bars and away from you and your children. As a family law attorney, Scott David Stewart can direct clients to a number of counseling and social services dedicated to helping battered women and children. You don't have to remain silent anymore. Fight back with the law on your side.

- Spousal Maintenance/Alimony

Spousal maintenance or alimony is determined through the court by taking into account a number of financial and work-related issues pertaining to both parties. Depending on the length of your marriage, levels of income, and work history, the court may or may not decide to include spousal support as part of your divorce settlement. The Law Offices of Scott David Stewart will review your situation and present necessary documentation in support of your motion before the court. Whether you are in need of spousal support or believe you should not be required to pay it, divorce attorney Scott David Stewart has the financial and legal knowledge required to protect your interests.

- Enforcements

If you are experiencing problems receiving your court ordered child support or alimony, or you need help with a parent who regularly doesn't follow the visitation agreement, we can help. The Law Offices of Scott David Stewart is a full-service family law firm with offices in Chandler and Phoenix. We help clients across Maricopa County enforce court orders.

- Child Custody

Child custody is one of the most contentious areas of family law. The court will evaluate the role of each parent in a child’s life to determine where the best interests of the child lie. In the course of a divorce, it’s not uncommon for one or both spouses to try to discredit the other side in an attempt to persuade the court to decide custody in their favor. At the Law Offices of Scott David Stewart we provide financial, personal, and psychological reasons in support of our clients’ request for custody. We avoid bitter, counter-productive practices that only inflame the situation and often backfire when a judge discovers their intended purpose. We argue your case on the basis of facts and what is in the best interests of your children.

- Child Support

Child support is calculated according to a formula determined by Arizona state law. Your financial situation and income impact the amount of child support you are responsible for paying. At the Law Offices of Scott David Stewart we explain what is involved in determining child support and use state-of-the-art software in order to calculate child support payments for our clients. Whether you are trying to collect child support or are responsible for paying it, we work closely with clients in gathering necessary documentation, providing records, and preparing necessary paperwork for the court.

- Visitation

In most divorces, custody and visitation rights are highly disputed issues. Visitation rights are frequently determined involving non-custodial parents. Typically, parents agree to a parenting plan in which split weeks, every other week, or weekends are scheduled for visitation. The Law Offices of Scott David Stewart represents clients in determining visitation where divorce has transferred physical custody to a former spouse or domestic partner. In cases where visitation has been denied by a custodial parent or where visitation needs to be established, as in paternity cases, Mr. Stewart works closely with the court to ensure visitation is granted.

- Paternity/Establishment

Paternity can be established through a court-ordered DNA test. Regardless of whether you are interested in establishing visitation rights or are seeking child support from the father of your child, the Law Offices of Scott David Stewart will prepare and file your paperwork and represent your case in court. Where visitation is involved, Mr. Stewart initiates the legal process required to gather DNA samples, verify paternity, and begin visitation proceedings. Where child support is at issue, after DNA results are obtained Mr. Stewart works through the court to establish a plan for collecting any child support in arrears.

- Tax & Title Issues in Divorce

A property settlement agreement needs to account for the value of different types of marital property. Receiving a proper valuation often requires the help of financial experts. The task becomes even more complex when you take into consideration the tax consequences of dividing some types of properties. To ensure that you are receiving fair treatment in your divorce, be sure you understand the full cost of your property settlement agreement. Work with an experienced divorce lawyer at the Law offices of Scott David Stewart. We understand the issues involved in dividing complex marital assets and the cost vs. benefit of dividing property or paying alimony.

- Stepparent Adoption

There are many reasons why a stepparent or family member may wish to adopt a child. Through legal adoption, the child becomes eligible for all the legal benefits that a parent-child relationship can bring. Stepparent adoption can be a tremendously meaningful event in a child - and a parent's life and it is a relatively simple process. We can help.

- Grandparent or Relative Adoption

Keeping families together is always an admirable goal. There are a lot of reasons why a grandparent or a relative may wish to become adoptive parents to a child: parental illness or incapacity, teen pregnancy, or a wish to keep a child out of the foster care system. A home study will be required for these adoptions. We can help you obtain one. Whatever the circumstance in your family, we help grandparents, aunts, uncles, siblings and cousins who wish to adopt a related child.

- Prenuptial and Postnuptial Agreements

A prenuptial agreement protects the financial interests of both parties in the marriage, not simply one party. It allows the couple to talk about financial matters, ownership issues, and heirship concerns. If one of the parties dies without a will, the prenuptial or postnuptial agreement defines how assets were intended to be dispersed. If you are contemplating marriage and are considering a prenuptial agreement, our experienced family law attorneys can help you consider the pros and cons of a premarital agreement and help you develop and agreement that works for your particular needs. From our Phoenix and Chandler law offices, we help couples across Maricopa County.

- Complex Asset Division

Some marital estates present a greater challenge when it comes to the division of assets. Traditional pension plans cannot be immediately divided. Executive pay packages are not a clear-cut matter of salary - they may include deferred stock options and other contingent benefits. Even the proper valuation of a small business can be quite complicated. If complex assets will be part of your divorce settlement agreement, work with a divorce lawyer with the experience and expert resources on hand to ensure your interests are protected.

- Juvenile Rights

In recent years, the rights of juveniles in family law, criminal law, and delinquency proceedings have emerged as a highly controversial issue that has received an abundance of attention. As the result of several important decisions handed down by the United States Supreme Court, many different types of changes have been implemented within the juvenile court system. At the Law Office of Scott David Stewart, Phoenix juvenile rights attorney Scott David Stewart is highly knowledgeable of the new changes to how juveniles are treated and can effectively explain how this may affect your family law case.

- Grandparents' Rights

In many custody cases, a primary custodial parent is not capable of providing his or her child with a safe and secure home. It is possible in these situations for a grandparent to step in and seek temporary custody or guardianship in order to protect not only their access to the child, but to protect the child. Under the guidance of attorney Scott David Stewart, we have handled many grandparents' rights cases.

- Adoption

Uniting a child with a loving family is always a joyous occasion. If you are adding a child to your family through the process of adoption, we can help. At the Law Offices of Scott David Stewart, Arizona adoption attorney Amy Dohrendorf helps couples build their family in open, closed, and international adoptions, as well as relative adoptions.

- Military Divorce

The division of assets and benefits in a military divorce can be a complex process. We are experienced in marital property division involving retirement plans, military pensions, and other benefits. Our attorneys have experience handling all aspects of a military divorce. We can maintain effective communication no matter where a client is based — we know the importance of providing reliable legal services to our troops and their families.

- Hidden Assets

When a client comes to us suspecting that their spouse has hidden assets, there are a number of things we can do to help. One of these is an in-depth lifestyle audit. This involves comparing the spouse's stated income to the amount he or she spends. If there is a significant difference, it may mean that certain assets have not been disclosed. At the Law Offices of Scott David Stewart, we are committed to helping clients move on. When hidden assets complicate that, we take aggressive action and seek optimal results for our clients.

- Child Relocation and Parental Move-Aways

Besides being a heavy emotional situation, there are a number of legal aspects to child relocation. It is important to consult an experienced attorney who understands the delicate situation at hand. Whether you are a custodial parent wanting to move with your child, or a non-custodial parent concerned about preserving your parental rights, our attorneys can help.

- Divorce, Foreclosure, and Real Estate Equity

If you are facing foreclosure as a result of divorce, there are things you can do to work towards saving your home. It is important to act quickly to seek financial support from your spouse. In Arizona, it is possible to obtain a court order for your spouse to pay the attorney fees. We can help you explore this option so you can focus on the legal issue at hand — not on paying attorney fees.