Family Law Attorneys
Over the past 50 years, our Family Law attorneys have represented both sides of cases involving medical and legal practices, celebrities, professional athletes and heirs to large family fortunes. We have handled nearly every conceivable complexity that may occur while representing clients with multi-million dollar estates, complex businesses and professional practices.
Video: Susan Dana-Kobey – Family Law
Burch & Cracchiolo attorneys handle a wide variety of matters in Family Law, emphasizing dissolution issues including divorce representation and mediation, property division issues and child custody, support and paternity. The attorneys in our Family Law practice are well regarded in the practice and known for handling complex matters involving complex business valuation issues. Today, we have one of the largest and most experienced groups of Family Law attorneys and paralegals working in Arizona.
A unique advantage of our Family Law practice is the access of our lawyers to the full spectrum of skills and experience of our entire firm, including those who can assist in the business, taxation, valuation and estate planning implications of divorce. Our firm's overall emphasis on closely-held and family business entities and professional practices provides valuable insights and expertise for our Family Law clients. This is especially important in complex cases where tax, real estate, estate planning, contract and transactional lawyers often are critical to bringing about a successful result.
Our Family Law practice goes beyond dissolution and includes issues that may arise in the family context, such as prenuptial agreements, grandparents' rights, annulments, legal separations, paternity, in loco parentis, guardianships and adult adoptions.
Burch & Cracchiolo does not practice family law in Native American jurisdictions or in tribal courts.
Child Support, Custody and Paternity
The Family Law attorneys at Burch & Cracchiolo put the interests of children first, assisting parents in finding solutions to child support, custody and paternity disputes that will best ensure safe, healthy and productive lives. We have strong relationships with therapists, parenting coordinators and others who may provide insights into the child or children's needs and persuasive support for our clients' positions for purposes of settlement or trial.
Division of Assets and Liabilities, including Business Valuation Issues
Our clients gain a significant advantage from Family Law representation by Burch & Cracchiolo due to our immediate access to the business acumen of our team of attorneys practicing in the full spectrum of services relating to business and family law matters. Our highly experienced business, real estate, finance, tax, and estate planning professionals work together to assist our clients in evaluating, negotiating and protecting their wealth during and after dissolution of a marriage. In addition, we can help business clients structure and valuate business interests and provide creative solutions that can assist families in maintaining as much value in their assets as possible, making property settlement more palatable and mutually beneficial as possible.
Divorce trials can be quite expensive and can prolong the painful aspects of divorce. At Burch & Cracchiolo, we encourage our clients to mediate their divorce with the goal of reaching a solution that all parties can bring as much resolution and peace to the family as quickly as possible. Divorce mediation allows the parties the opportunity to control the outcome to maintain control and make all the decisions, instead of relying on a judge or court commissioner to do so. All of our Family Law attorneys are proponents of mediation and experienced in representing clients as they mediate. In addition, among our attorneys, we have several trained and experienced mediators who emphasize divorce mediation.
Nearly 50% of first marriages end in divorce, while 60% of second marriages and 70% of third marriages are dissolved. Divorce is no longer taboo but it certainly is still very difficult on all parties involved, even in the most amicable divorces. At Burch & Cracchiolo, our goal is to assist our clients and their families navigate the divorce journey with abundant information and support, with the goal of meeting your personal goals, reducing your stress and providing timely, cost effective counsel.
Premarital agreements can provide important protection for clients contemplating marriage after accumulating significant sole and separate assets, including investments, real estate and business interests. These agreements can be critical to ensuring that children from previous relationships are protected as well. In the event of a divorce, a prenuptial agreement will determine how property and assets are to be distributed, eliminating the need to dispute the division of those assets. Burch & Cracchiolo lawyers are experienced in drafting and negotiating prenuptial agreements that will withstand contest. We have successfully litigated for the enforcement of prenuptial agreements; accordingly, we have successfully protested poorly drafted or unenforceable agreements.
Our attorneys have the knowledge and expertise to guide clients through the complex legal process of adoption, including navigating the requirements for home studies, background checks, and other necessary steps. We work closely with our clients to understand their unique needs and to develop a strategy that will help them achieve their adoption goal. Our attorneys are dedicated to providing compassionate and effective representation to help families grow through adoption.
Guardianship and conservatorship are legal processes that allow a court to appoint an individual or entity to make decisions and manage the affairs of a person who is unable to do so themselves due to incapacity or disability. Guardianship generally deals with the care and personal needs of the person, while conservatorship deals with the management of the person's financial affairs. At Burch & Cracchiolo, our attorneys are experienced in handling guardianship and conservatorship cases. We understand the complexities and sensitivity of these matters, and are equipped to guide clients through the legal process, including the appointment of a guardian or conservator, and the ongoing management and oversight of the ward's affairs. Our attorneys also have experience in handling disputes that may arise in the context of guardianship or conservatorship and are prepared to litigate when necessary. Our goal is to help ensure the well-being and protection of those who are unable to make decisions for themselves.
Legal decision-making, also known as legal custody, refers to the authority to make important decisions on behalf of a child, such as those related to education, healthcare, and religious upbringing. In family law, legal decision-making is often addressed in the context of divorce or paternity cases, where the court must determine who will be responsible for making these decisions. At Burch & Cracchiolo, we understand the importance of these decisions for the well-being of the child and work closely with our clients to understand their unique situation and to develop a strategy that will help them achieve the best possible outcome for their children.
Modifications in family law refer to the legal process of making changes to existing court orders or agreements, such as child custody, child support, spousal maintenance, or parenting time. These modifications can be necessary due to a change in circumstances, such as a change in a parent's living situation, job, or income. We can help our clients in filing petitions, gathering evidence and representing them in court. We understand the importance of these matters and we strive to help our clients through this difficult process.
Parenting time, also known as visitation or access, refers to the time that a non-custodial parent spends with their child or children. In family law, parenting time is often addressed in the context of divorce or paternity cases, where the court must determine a schedule for the non-custodial parent to spend time with their child or children. We understand the importance of maintaining a strong and healthy relationship between a child and both parents and work closely with our clients to understand their unique situation and to develop a strategy that will help them achieve their goals. We can help our clients in creating a parenting plan, negotiating with the other party, and representing them in court if necessary. We understand that parenting time is a vital part of a child's development and well-being, and we strive to help our clients through this important aspect of family law.
Severances/Termination of Parental Rights
Severance or termination of parental rights refers to the legal process of ending a parent's legal relationship with their child or children. This can occur when a parent is unable or unwilling to fulfill their responsibilities as a parent, or when it is in the best interests of the child or children to be removed from their parent's care. The process of severance or termination of parental rights can be an extremely difficult and emotional one, and it is important to have the guidance of an experienced attorney to navigate the legal system.