Welcome to Amy Villarreal-Orantez, Paralegal Services
Your Personal Paralegal and Arizona Certified Legal Document Preparer
Welcome to Amy Villarreal-Orantez, Paralegal Services
Your Personal Paralegal and Arizona Certified Legal Document Preparer
Site Content
Legal Services offered
Legal Services offered
Legal Services offered
Legal Document Preparation services offered:
Dissolution of Marriage (Divorce) With or Without Children;
Establishment of Paternity with Legal Decision-Making (formally custody), Parenting Time, and Child Support;
Modification of Legal Decision-Making (formally custody), Parenting Time, and Support;
Child Support Modification;
Emergency orders as to legal decision-making and parenting time;
Responses to Petitions;
Temporary Orders;
Parental Terminations;
Third Party Rights ( Grandparent rights) petitions;
Restoration of civil rights;
Change of venue;
Civil lawsuits;
Guardianship (minor and adult incapacitated persons);
Wills;
Domestication of foreign judgments; and much more!
We are proud to now offer Mobile notary services! Call for rates.
FREE initial Consultation!
General information
Legal Services offered
Legal Services offered
Arizona is a "No fault" divorce state: "No fault" divorce describes any divorce where the spouse asking for a divorce does not have to prove that the other spouse did something wrong. All states allow no fault divorces. To get a no fault divorce, one spouse must simply state a reason for the divorce that is recognized by the state. In most states, it's enough to declare that the couple cannot get along ("irreconcilable differences,"").
Property and debts: It is common for divorcing parties’ to decide about dividing their property and debts themselves, rather than leaving it to the judge. However, if a couple cannot agree, they can submit their property dispute to the court, which will use state law rules to divide the property. Courts divide property under two basic schemes: community property and equitable distribution. Debts are divided according to the same principles.
Community property. In Arizona, all property of a married person is classified as either community property (owned equally by both spouses) or the separate property of one spouse. At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property.
Equitable distribution. Assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally. The judge may order one party to use separate property to make the settlement fair to both spouses. Division of property does not necessarily mean a physical division. Rather, the court may award each spouse a percentage of the total value of the property. Each spouse will get personal property, assets, and debts whose worth adds up to his or her percentage. (It is illegal for either spouse to hide assets in order to shield them from property division.)
Legal decision-making and parenting time: Are courts more likely to award legal decision-making (formally custody) and primary parenting time (formally visitation) matters to mothers rather than to fathers? In Arizona, the courts determine legal decision-making authority and parenting time on the basis of what's in the children's best interests, without regard to the parent's gender. Typically, joint legal decision-making authority is warranted to both parents. Depending on several factors:
The child's age, sex, and mental and physical health the parent's mental and physical health the parent's lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse the emotional bond between parent and child, as well as the parent's ability to give the child guidance the parent's ability to provide the child with food, shelter, clothing, and medical care the child's established living pattern (school, home, community, religious institution) the quality of the child's education in the current situation the impact on the child of changing the status quo, and the child's preference, if the child is above a certain age (usually about 12).
In Arizona, the judge will look at what's best for the children. So if you think that you should have primary parenting time and that you can persuade the judge that it's in the child’s best interests, you should go ahead and ask. If you present yourself as willing and able to parent, it will go a long way towards challenging any lingering prejudice against you as a father.
Child support: In Arizona, child support payments are determined by formulas and calculations created by the state. Pursuant to Arizona Law, in a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct. Support payments means the amount of money ordered by the court to be paid for the support of the minor child or children.
Temporary orders: What are Temporary Orders? A couple separates. One party moves out, and the other party needs money to assist in maintaining the household (mortgage, utilities, credit cards, gasoline, food, household supplies, etc.). The party in need can request a temporary order from a judge, (normally, filed with the divorce action). The request will be put on a fast track, and a hearing will be scheduled within a month. Spouses can ask a court to temporarily: award them exclusive use of the residence; establish legal decision-making and parenting time arrangements; provide for spousal support (alimony) and/or child support payments; order either spouse not to sell valuable assets, and; give possession of the family home or car to one of the spouses, pending the outcome of the divorce.
Paternity actions: Presumed father. If any of the following are true, a man is presumed to be the father of a child, unless he or the mother proves otherwise to a court: The man was married to the mother when the child was conceived or born, although some states do not consider a man to be a presumed father if the couple has separated. The man attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the attempted marriage. The man married the mother after the birth and agreed either to have his name on the birth certificate or to support the child. The man welcomed the child into his home and openly held the child out as his own.
Definitions
Legal Services offered
Definitions
Petitioner: A petitioner is a person or entity who files the first petition, and shall be referred to as such in all subsequent documents, including all post-decree petitions, motions and documents in the same case.
Respondent. A respondent is any opposing party other than the petitioner.
Response. A response is a document that substantially responds to a petition or a motion, and includes an answer to a petition.
Legal decision-making: The legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions.
Joint legal decision-making: Means both parents share decision-making and neither parent's rights or responsibilities are superior except with respect to specified decisions as set forth by the court or the parents in the final judgment or order.
Sole legal decision-making: Means one parent has the legal right and responsibility to make major decisions for a child.
Parenting time: In Arizona, Parenting time, previously known as "visitation" means the right of a parent to spend time with children pursuant to a court order.
Paternity: Determination of the father of a child or children born out of wedlock.
Support: The provision of maintenance or subsistence, including medical insurance coverage and uncovered medical costs for the child, arrears, interest on arrears, past support, interest on past support, and reimbursement for expended public assistance. For purposes of this rule, support may also include spousal maintenance.
Property: Determination of the separate and community interest of all parties in all real and personal property, and an appropriate affirmation or division of all property interests of the parties.
Debt: Determination of all separate and community debts and obligations of the parties, and an appropriate division and allocation of responsibility for all such debts and obligations.
Overview
Flow chart - how a case flows through the court system
Definitions
Villarreal-Orantez, Paralegal Services provides professional flat-rate legal document preparation assisting both attorneys and the public in the preparation of legal documents. Using a paralegal service can be practical, convenient, less expensive, and effective. We charge competitive rates that will always be considerably less than those charged by an attorney or law firm. Paralegals can assist in preparation of documents but cannot give legal advice to consumers of legal services.
For us each client is a priority and each case is detailed on a case by case basis. We draft and tailor each document according to individual needs.
Affordable rates and excellent customer service is the foundation of our business.
Flow chart - how a case flows through the court system
Flow chart - how a case flows through the court system
Flow chart - how a case flows through the court system
DISSOLUTION OF MARRIAGE FLOW CHART
•File a Petition for Dissolution, Legal Separation
•Do you need temporary court orders for things such as legal decision-making, parenting time, or child/spousal support? Note: If you are in
•agreement, you do not need to ask for temporary orders
•If temporary orders are necessary, let us know. We will prepare and file them with the dissolution documents
•After filing of the dissolution documents, the other party must be served or accept personal service of the documents within 60 days
•If a response has been filed, and agreements have or can be reached a consent decree, after 61 days from date of service has passed, can be submitted to the court for approval
•If no response has been filed, do you have agreements on all isues? If your answer is no, a Default Judgment for
Court Approval will be requested. After 61 days from date of service you will appear in front of a commissioner with your decree for approval by the court
•Did the other side file a response?
•61 days from the date of service or acceptance of service of the dissolution documents is the earliest a divorce can be finalized in Arizona
•If a response has been filed and agreements cannot be reached a Motion to Set will be filed. The court will order a settlement conference. If agreements can be reached a decree can be filed with the agreements. If no agreements can be reached a trial will be held leaving all final decisions up to the judge assigned to the case
•Divorce is finalized when a decree is entered and signed by the assigned judge and/or commissioner.
Contact Villarreal-Orantez, Paralegal Services for further information
Complete your on-line intake form to get started
Flow chart - how a case flows through the court system
Flow chart - how a case flows through the court system
Please answer all questions. The Intake Form assists our office document important details about your case matter before we meet. It also provides us with the essential information about your case required to determine the next steps. Please complete this at the time of booking your appointment.