“Do grandparents have visitation or legal decision-making rights rights in Arizona?” It’s a question that we hear often. And the answer is: “Yes.” There has never been a time when grandparents were more important to the well-being of children than today. Grandparents have always been intimately involved in the lives of their grandchildren, and today they are raising grandchildren in greater numbers than ever before. There are many reasons for grandparents having to step into the shoes of a parent. The list includes teen pregnancy, substance abuse, incarceration, financial difficulties, mental illness, and other problems. Even under the best of circumstances where the parents are capable caregivers, the presence of grandparents in the children’s lives brings an added sense of love and stability.

But these are complicated times, and our law firm receives calls just about every day from loving grandparents who are being excluded from their grandchildren’s lives and want to learn about grandparent rights. It could be because a parent is angry and seeks to punish the grandparent. It could be because a parent who is on drugs or was missing now returns and insists on taking the children back. Maybe it’s because a parent has remarried and the new husband or wife feels threatened that the children have a relationship with the former spouse’s parents. Or it might be that one of the parents has died, and the surviving parent wishes to move on and put the deceased parent and his family in the past. There are a myriad of reasons why loving grandparents may be cut out of the picture and left in the cold. It’s truly heartbreaking for the grandparents. But, in the long run, it is the children who suffer the most.

In Arizona, grandparents (and other third-parties with a close relationship to the children, such as step-parents and others) have legal rights. Arizona Revised Statutes, Section 25-409 is the Grandparent Visitation, Grandparent Custody (now referred to as “legal decision-making authority), and Third Party Visitation / Custody statute.  The statute lists the circumstances which would enable a grandparent or other non-parent to file a petition for visitation or custody; as well as the factors that the Court must consider in determining whether to grant the petition.

This is not an easy process. In making its decision, the Court must weigh the constitutional right of parents to raise their children as they see fit – against the benefit to the child of maintaining an ongoing relationship with a grandparent or other non-parent that the child loves, and with whom he or she has a close bond. The Court is required to give “special weight” to the parent’s decision. But if the judge feels that it would be in the child’s best interests to maintain a relationship with the grandparents (or other non-parents), and the child’s interests would be substantially harmed if that relationship were severed, then the Court has the authority to order visitation to take place. And if it is determined that all of the factors listed in A.R.S. §25-409(A) are present and it would be “significantly detrimental” to the child to remain or be placed in the care of either legal parent, then the Court can order that the grandparents (or other non-parent) shall have legal decision-making authority (custody) of the child. A strong, experienced attorney can be a tremendous help to someone who is trying to obtain grandparent visitation or custody.

If you are a grandparent or a non-parent who has been (or might be) unfairly cut out of your grandchild’s life and you would like to learn more about how to assert your legal rights, please do not hesitate to give us a call. We’d be happy to talk to you.


Our attorneys, Gary Frank and Hanna Juncaj, represent many grandparents and other non-parents in Arizona courtrooms. They are strong litigators and compassionate counselors.  If you are in need of a consultation regarding how to assert your grandparents’ or non-parents’ rights, please call us today at 602-383-3610; or contact us by email through our website at




I have no moral objection to people living together outside of marriage. Heck, I grew up in the 60’s and 70’s. We practically invented the concept of “Cohabitation.”  As someone who has practiced Family Law for decades, I can tell you that a piece of paper does not ensure a lifelong commitment. And countless couples have a loving, lifelong bond even though they have chosen never to marry. The problem is that, after all these years, our lawmakers still haven’t gotten the message. And they fail to recognize that people who choose to share their life without a marriage license should still be able to share their property, and divide it fairly in the event of a breakup. This makes for some pretty unfair, and even economically dangerous, scenarios.
Most people think of marriage as having a moral or religious significance. But what many people don’t realize is that whether we like it or not, marriage also has a legalsignificance. And what you don’t know can hurt you. The fact is that the law provides certain protections for a married spouse that do not exist outside of marriage. And the results can be disastrous following the breakup of an unmarried couple.
Over the years, I have seen instances in which a couple breaks up after years of cohabitation, and one of them walks away with essentially all of the money and property while the other partner comes away with nothing. It’s heartbreaking. A legal marriage would have provided the protection that the vulnerable partner needed. But Arizona provides no protection for a cohabiting couple. Some states (like Texas) recognize “common law marriage.” Arizona does not. Other states (like California) provide some protection in the form of “palimony” (similar to alimony).  Arizona has rejected that theory. The problem is that couples who choose to live together outside of marriage are taking a legal risk when it comes to division of property and financial support.
Here are some of the pitfalls of being an unmarried, cohabiting couple:
In Arizona, division of property following a marital breakup is governed by the old Spanish concept of “Community Property” Law. Under this legal concept, there are two kinds of property: Separate Property and Community Property. Following a legal separation or divorce, the husband and wife will each receive his and her separate property, and the community property will be shared equally. But if the parties are not married, there is no “community property.” That means nothing is shared, and the “richer” party – the one who actually purchased the house, the car, the furniture, etc. – may walk away with everything. Here’s why:
Separate Property:  Under Arizona law, separate property is anything a spouse owns before the marriage, and any property that he/she receives during the marriage by specific gift or inheritance. So, for instance, the husband’s old baseball card collection from childhood, or the family heirloom that Wife received as a gift from her grandmother – those things are separate property and will be awarded to the owner in the property division upon dissolution of marriage. If one of the spouses receives an inheritance of money from a grandparent during the marriage, the inheritance is considered separate property so long as it is kept separately or placed in an account in that spouse’s name alone. But if the money is comingled to the point where it can no longer be traced, such as being placed in a joint bank account that is used for salary deposits and payment of bills, it may lose its character as separate property and become “transmuted” (changed) to community property. Separate property also includes any increase that is tied to sale or appreciation of separate property. For example, if a spouse uses her separate funds to buy stock in a company, and the stock increases in value, the increase is considered separate property.

When a marriage is dissolved, the separate property will be identified and awarded to the spouse that it belongs to. All other property belonging to the parties is considered to be community property, and will be divided substantially equally.

However, if the parties are living together but aren’t married, then everything either party earns, buys, or acquires is considered to be the separate property of that person (unless the title is taken in joint tenancy or the acquisition is based on a partnership). There is no community property to be divided.

Community Property: Community property under Arizona law is defined as all property (other than separate property) acquired by either spouse during the marriage.  Under community property theory, each party owns the property equally. This means that whatever a spouse earns from his/her employment is community property, and anything that is purchased with monies earned by either spouse is community property. So, if a spouse cashes a paycheck and uses the money to buy a car, that car is community property and belongs to both spouses equally. If she or he opens a brokerage account using community funds and invests in stocks, bonds, or mutual funds, then that account, and all future growth, is considered to be community property and belongs to both spouses equally. Furniture purchased with community funds is community property. Money contributed to a pension, retirement account, or 401k by one spouse during a marriage is community property and belongs to both spouses 50/50. And if one spouse starts a business during the marriage, that business is also considered to be community property, even if only one spouse runs it.
Over the course of a lengthy marriage, couples can accumulate a large amount of community property. And if the marriage falls apart and the couple divorces, the community property will be divided between the parties essentially equally. This can provide financial security for the spouse who didn’t have the high paying job, or who stayed home and cared for the children while the other spouse acted as the breadwinner.
But here is the potential problem with cohabitation:  If a couple couple lives together but never marries, there will be no “community property” to divide if they later separate — and the law in Arizona does not provide any protection for the “poorer” partner. This can result in a terrible inequity. Imagine a couple who has lived together without marrying for twenty-five years. During that time, one of the partners purchased a business that became a successful and lucrative enterprise. With his earnings, he purchases a massive house in a gated community (which he puts in his own name) and furnishes it beautifully, and he buys expensive automobiles (also in his name alone). He puts money in investment accounts, and retirement accounts (all in his name). He buys life insurance policies, and paintings by famous artists. Finally, he opens a joint account which he places in both partners’ names, but he only deposits a little money each month to cover household expenses.
If the parties were married and filed for divorce under that scenario, then by law everything would be considered community property and would be divided equally. On the other hand, if the parties were not married it becomes an entirely different story. All of the property – the cash in banks, the house, the furniture, the cars, the business, the stocks and investment accounts, the life insurances policies, the valuable works of art – they’re all the separate property of only the one partner. The other partner gets nothing but half of the joint bank account, and there isn’t much money there, since only enough was deposited each month to pay for household expenses. So after all those years of living together as partners in a committed relationship, one party walks away with everything and will live the rest of his or her life in comfort. The other party gets nothing and will suffer financial deprivation.
Spousal Maintenance:
In many committed relationships – whether marital or cohabiting – one of the partners will take on the role of the breadwinner, while the other remains in the home and cares for the children. This allows the partner who is not the caregiver to focus on his/her career; to advance through the ranks of the business world, and increase his/her income and earning power over the years. This type of arrangement can work well, so long as the parents’ relationship lasts.  But what happens if, after 15 or 20 years the relationship deteriorates and parties separate? The working partner might now be earning hundreds of thousands of dollars a year, with the prospect of further advancement and an even higher income in the future. On the other hand, what becomes of the partner who gave up her/his career for the benefit of the family? That person might now be his/her 50’s, no longer a young up-and-comer. Because she or he jumped off the fast track to care for the kids, the prospect of a lucrative career is now gone, and she/he may be forced to take a job with an entry-level salary. How is that fair?
Arizona law provides protection for a married person under these circumstances. The married spouse who sacrificed for the family will be entitled to financial assistance from the other spouse in the form of Spousal Maintenance. The party with the greater wealth will be ordered to financially support the other party for a sufficient period of time to allow that party to complete an education or begin a career and get on her/his feet. (In rare circumstances, the court can require spousal maintenance be paid for the rest of the former spouse’s life.) In order to determine the amount that the person will receive, and how long the support will continue be paid, the judge will consider a number of factors listed in the statute. The amount of monthly spousal support will be dependent upon the lifestyle the family enjoyed during the marriage, the parties’ comparative incomes, the needs of the party seeking spousal maintenance, and a number of other factors.
But the obligation to pay spousal support only applies when the parties were married. Where parties were unmarried and living together, the richer party has no legal obligation whatsoever to help the poorer party financially after the relationship ends. This lack of legal protection can especially hurt a party who gave up her/his career to stay home and care for the children.
If a married person dies without a Will in Arizona, the surviving spouse will receive the entire estate of the deceased spouse.
On the other hand, if a person who is unmarried and cohabiting dies without a Will in Arizona, the scenario is much different. In that case, the deceased person’s property will be distributed by Arizona’s law of intestate succession – and none of it will go to the surviving partner. If the deceased person has children, then the entire estate will go to the children. If there are no children, then all of the dead person’s property will go to his/her parents; and if the parents are no longer alive, then the property will go to deceased person’s siblings. Unless the surviving partner’s name is on the house, or the car, or the bank accounts, the life insurance policy etc., then she/he will receive nothing at all.
There is a similar scenario for Social Security. If a married person dies, his/her spouse will likely receive a Social Security death benefit. But if the two parties are not married, then the surviving partner will receive nothing (although the children could receive a death benefit).
This may all seem unfair – and I agree that it is. But the bottom line is this: Under the current law there are important protections afforded to married couples that are not provided for unmarried couples who are cohabiting. Our lawmakers have turned a blind eye to the reality of relationships today and, at least in Arizona, it is unlikely that they will act to close the gap any time soon.
Obviously, marrying your partner is one way to protect yourself but, for many different reasons, not everyone wants to take that route in life. The good news is that there are other ways to provide protection. These include setting up joint bank accounts and having both partners deposit their paychecks; opening joint investment accounts; putting together your own IRA or retirement account and having the “richer” partner put an equal amount in yours as he/she puts in his/hers; putting your name on the house title, and the car title, in joint tenancy, so that you are half-owner; etc.
You can also protect yourself by entering into a written Domestic Partnership, or other partnership, agreement that spells out the rights of both parties and describes how property will be divided in the event that the relationship ends and the parties separate.

If you are living with a partner in a committed relationship outside of marriage, you owe it to yourself to consider whether you might be economically harmed if the relationship ends today, or even more importantly, twenty years from now.  It could mean the difference between living a comfortable lifestyle after a separation – or having to struggle financially and worry how you’re going to be able to make ends meet.



At the Law Firm of Gary J. Frank P.C., both Gary Frank and attorney Hanna Juncaj are strong litigators and compassionate counselors. Gary Frank is a Family Law Attorney with over 30 years of experience as a litigator and mediator, which includes having acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court; and serving on the Governor’s Child Abuse Prevention Task Force. Hanna Juncaj is a highly-skilled attorney and mediator with a passion for Family Law and children’s issues. We handle Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification and enforcement actions, grandparent and non-parent rights, and all other matters pertaining to families and children. If you are in need of a consultation, please do not hesitate to call our office at 602-383-3610; or you can contact us by email through our website at   We look forward to hearing from you.


Nearly 20 people per minute are physically abused by an intimate partner in the United States, according to the National Coalition Against Domestic Violence (NCADV).[1]This equates to more than 10 million victims per year, both women and men.  Domestic violence harms individuals of all ages in physical, emotional, and even economic ways, but what many people don’t know is that it also affects custody of children.

Victims of domestic violence are protected by Arizona’s laws, which provide that all of the following constitutes domestic violence:

·       Sexually assaulting or causing serious physical injury to a family or household member
·     Attempting to sexually assault or cause serious physical injury to a family or household member
·      Making family or household members afraid that they are about to suffer immediate physical injury
·      Engaging in a pattern of abusive behaviors that are serious enough to permit a court to issue a protective order for the victimized parent or child

Acts that qualify as domestic violence can include threats, harassment, intimidation, stalking, unlawful imprisonment, trespassing, damage to property, kidnapping, photographing and secretly watching victims without their consent, physical assault, and many other things.  In our modern society, abuse can also be inflicted through electronic means, including the telephone and Internet.  Those protected under the law include current and former spouses, people who live together or used to live together, people who have a child together, relationships in which one of the partners is pregnant with the other partner’s child, people related by blood or marriage, children, and those who are or were in a romantic or sexual relationship.

Arizona has enacted statutes creating “domestic violence presumptions” in child custody cases, essentially stating that an abuser’s actions and future potential actions would be harmful to the child.  In other words, if the court finds that a parent committed acts of domestic violence against the other parent, then it is akin to abusing the child, and the judge must presume that giving custody to the abuser is not in the child’s best interests.  However, the presumption is “rebuttable,” and the court may decide that the perpetrator has overcome the presumption by evaluating the following factors:

·      Whether the perpetrator proved that being awarded sole or joint custody is in the child’s best interests
·      Whether the perpetrator successfully completed a batterer’s prevention program
·    If applicable, whether the perpetrator successfully completed alcohol or drug abuse counseling ordered by the court
·     Whether the perpetrator successfully completed parenting classes ordered by the court
·    Whether the perpetrator has committed additional acts of domestic violence against anyone else,

In determining which parent should have custody of the child, Arizona judges must consider the best interests of the child, which necessarily involves the contemplation of domestic violence.  Specifically, two of the factors that Arizona judges consider are (1) whether there has been domestic violence or child abuse and (2) whether either parent was convicted of falsely reporting child abuse or neglect. 

The bottom line is this:  In Arizona, a parent who is guilty of domestic abuse is less likely to get custody.  In fact, if there is evidence of domestic violence, parents cannot share joint legal custody.  In very serious cases where there is a pattern of child abuse, a petition can be filed asking the court to terminate a parent’s rights.  Termination means that a parent loses all rights to both the physical and legal custody of a child.

The best interests of the child—and the protection of the child—is the Arizona Court’s main priority. Although Arizona has created a presumption that it is harmful to the child, and not in his/her best interest for the perpetrator of domestic violence to have sole or joint legal decision-making authority, some cases still slip through the cracks.  Therefore, if you are a victim of domestic violence, it is important to seek legal advice to better protect yourself and your family.

Jacinda Chen & Gary Frank
      At the Law Firm of Gary J. Frank P.C., both Gary Frank and attorney Hanna Juncaj are strong litigators and compassionate counselors. Gary Frank is a Family Law Attorney with over 30 years of experience as a litigator and mediator, which includes having acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court; and serving on the Governor’s Child Abuse Prevention Task Force. Hanna Juncaj is a highly-skilled attorney with a passion for Family Law and children’s issues. We handle Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification and enforcement actions, grandparent and non-parent rights, and all other matters pertaining to families and children. If you are in need of a consultation, please do not hesitate to call our office at 602-383-3610; or you can contact us by email at, or through our website at   We look forward to hearing from you.   

[1]“Statistics.” National Coalition Against Domestic Violence. N.p., n.d. Web. 22 Feb. 2017. <>


With a new administration taking over, a renewed battle over abortion rights is likely to be waged in the U.S. Supreme Court over the next few years.  But in 1962, eleven years before the court decided the landmark Rowe v. Wade case, Arizona was at the center of a national firestorm regarding the issue of abortion.  The controversy raged around Sherri Finkbine, a local television host on the kiddie program, “Romper Room.”  I was a young boy at the time and, like many other children, I had grown up in Phoenix watching the show.  I still remember Miss Sherri, with her magic mirror, her pretty smile, and her soothing voice.

The problem began when Sherri’s husband came back from a trip to Europe.  Sherri was pregnant with her fifth child; and when her husband returned he brought with him a bottle of pills to treat her morning sickness.  Neither Sherri, nor her husband, were aware that the medication contained Thalidomide, a popular drug in Europe and other countries, but one which was not widely used in the United States.  During the early stages of her pregnancy, Sherri took thirty-six of the pills.

That’s when the nightmare began.  News reports began filtering into the United States that Thalidomide had been found to cause gruesome birth defects in fetuses.  The media reported that Thalidomide babies were being born without arms or legs.  Sherri and her husband checked the medication that she had been taking and were horrified to discover that it, indeed, contained the dreaded Thalidomide.  In an instant, their once-happy lives were turned upside-down. 
Sherri’s physician discussed the almost certainty of incapacitating birth defects that the child would be likely to suffer for a lifetime, and he strongly recommended that she obtain a therapeutic abortion.  Abortions were illegal in the United States.  The alternative, one which many women chose at the time, was to undergo a secret “back-alley” abortion.  These were often performed by unethical and incompetent doctors out to make a buck, and they were highly dangerous.  Some were performed by people who were not physicians, and who had no medical training at all.  As a result, it was common for women to contract infections and became seriously ill, or die, following abortions.  That was the landscape in 1962.

Therapeutic abortions were considered to be a narrow exception, and could be performed in hospitals by doctors under very limited circumstances.  Based on her doctor’s recommendation, Sherri prepared herself for a therapeutic abortion.  She was concerned that other women who were taking — or might take — Thalidomide should be warned, so before undergoing the procedure she contacted a friend who worked at a local newspaper and related her story.  Sherri was promised anonymity.  But when the newspaper article hit the streets, her identity was disclosed.  The hospital at which the abortion was planned became skittish and backed off.  Fearing bad publicity and possible prosecution, it canceled the procedure.  Sherri’s physician asked for a court order to proceed with the abortion, and that’s when all hell broke loose.

Overnight, Sherri Finkbine, her husband, and her four children became public figures.  She was fired from her job at the television station.  Her children were tormented and bullied mercilessly at school.  Letters and hate mail came pouring in from all over the country, including more than a few death threats.  Ultimately, the FBI was brought in to protect the family.

Now desperate and terrified, Sherri attempted to travel to Japan to obtain the abortion, but was denied a visa by the Japanese Consul.  In the end, she flew to Sweden, where a legal abortion was performed in the twelfth week of her pregnancy.  The Obstetrician who performed the procedure later told Sherri and her husband that the fetus had no legs, and only one arm, and was too badly deformed to be identified as a boy or a girl.

More than fifty years later, the controversy over abortion is still raging.  Our nation has become bitterly polarized over the issue.  Are you Pro Life?  Or Pro Choice?  Should women have the right to make decisions concerning their own body?  Or do the rights of the unborn child trump the rights of the mother?  Should abortion be legal in cases of rape, incest, severe birth defects, or where the mother’s life is at risk?  Or are we willing to return to the days of illegal and dangerous back-alley abortions? These are matters of utmost importance.  But instead of engaging in a healthy dialogue, battle lines have been drawn.  Foxholes have been dug.  And rather than welcoming a productive discussion, people on both sides angrily ridicule and demonize each other.  Each side views the other as stupid or evil.  Maybe it’s human nature.  We like to look for simple answers.  And by delegitimizing those with whom we disagree, we are able to avoid the process of having to carefully examine and think through the issues.  But that’s too bad.  Because if we truly attempted to see the matter through our neighbor’s eyes then – even though we may still disagree — we just might be forced to conclude that there can be more than one legitimate point of view, and maybe then we could reach a reasonable consensus. 

Regardless of the many differing opinions on the subject, I think most would agree that no woman should ever have to suffer the agony, or be faced with the impossible choices, that Sherri Finkbine had to endure in 1962.

Gary Frank

At the Law Firm of Gary J. Frank P.C., both Gary Frank and attorney Hanna Juncaj are strong litigators and compassionate counselors. Gary Frank is a Family Law Attorney with over 30 years of experience as a litigator and mediator, which includes having acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court; and serving on the Governor’s Child Abuse Prevention Task Force. Hanna Juncaj is a highly-skilled attorney with a passion for Family Law and children’s issues. We handle Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification and enforcement actions, grandparent and non-parent rights, and all other matters pertaining to families and children. If you are in need of a consultation, please do not hesitate to call our office at 602-383-3610; or you can contact us by email at, or through our website at   We look forward to hearing from you.


In every divorce involving legal decision-making and parenting time issues, parents must strive to keep the needs of the children as their #1 priority.  Children benefit most when they have relationships with both parents and tend to adjust better to divorce when:
·       They have healthy and happy relationships with both of their parents;
·       Parents don’t argue in the presence of their children;
·       Parents don’t place their children in the middle of disputes; and
·       Both parents are responsive to the needs of their children.
“Co-parenting” describes a situation where the parents are not married, cohabitating or in a romantic relationship with one another.  Co-parenting often involves a parenting situation in which two separated or divorced parents communicate and work together to take care of their children.  Co-parenting can also describe a situation where, after a divorce, the child’s parents desire to maintain equal or equivalent responsibility for their children’s upbringing.  When successful, Co-parenting is a wonderful opportunity for children of divorce to still have access to both parents and retain a sense of family dynamic.  To come to a workable co-parenting arrangement, the parents must consider various factors, including:
·  What decisions need to be made? These commonly consist of decisions regarding education, extracurricular activities, medical treatment, sporting and social activities, religion, etc.
·      How will you make the decisions?  Will you meet in person to discuss decisions?  Will you communicate over the phone?  Email?  Text?
·     How will you share schedules?  How flexible do you want to be in scheduling?  When will the children see each of their parents?  What if one parent is late —  how will you deal with this?  Will the schedule remain the same as the children get older?
·     How will you handle discipline? How can you try to be on the same page when it comes to discipline? How will you communicate when a problem arises? Will each parent handle discipline on his and her own? If a child misbehaves at mom’s house, should he be disciplined by both parents or just mom?  If a child misbehaves in class, should she receive discipline from both parents or just the one she is returning home to?
·   What will happen in an emergency?  Have you provided your ex-spouse with all emergency contact information?  Will the parents notify one another before emergency medical treatment?
·      How will you handle disputes? If the parents cannot agree on a disciplinary issue, how will you deal with it? Is there a mutually-trusted family member or a friend who can help you discuss the matter? If the disagreement involves a medical decision, can you ask the doctor for guidance and advice? Or, if the dispute is an especially difficult one, will you seek the help of a professional mediator?
Because parenting involves a substantial number of decisions in all aspects of the child’s life, it is helpful to draw up a chart listing certain decisions and who should make them.  Here’s a brief example:
Who makes decisions regarding:
Computer, software, and video game use
Television shows (which shows, what time)
Cell Phone, Computer, & Internet use
Handling behavior problems
Living situation
Sports & Social Activities
Sharing Cost of Activities
Morals, values
Choice of Schools
Helping with homework
After school care
Extracurricular Activies &
Expense Sharing
Major medical issues
Psychological counseling, if applicable
Unfortunately, harmony cannot be achieved in every case despite both parents’ best efforts to cooperate.  When parents are unable to co-parent in a healthy, effective way that is in the best interests of their children — or when one of the parents refuses to cooperate — it can be a source of great conflict and stress for everyone involved. Many studies have found that most children of divorce grow up to be healthy, well-adjusted adults; however, children who are raised in corrosive, high-conflict parental situations are at risk to develop emotional problems that can last a lifetime. Sometimes, divorced or separated parents simply cannot work together, despite all their efforts. When that is the case, they should consider using a technique known as “Parallel Parenting.”
Parallel Parenting is a type of parenting arrangement that is best in situations of high conflict where parents have different parenting styles and can’t see eye-to-eye on even the most basic issues.  It is a form of co-parenting where a mother and father reduce the level of conflict through disengagement.  Specifically, they have limited direct contact with each other. And when they do communicate, it takes place in a more structured manner, such as through email.  Each parent sets rules for his/her own household (bedtimes, homework, TV or computer times, discipline, etc.), without concern that they may be different than the rules that are in place in the other parent’s household.  Some principles to keep in mind include:
·       Parents must never use their children as messengers to communicate back and forth;
·       All communication must be business-like in nature and relate to information relevant only to the children’s well-being;
·       Schedules should be shared via a calendar or in writing;
·       No changes to the parenting-time schedule should be made without written agreement.
Parallel parenting, if done the right way, can provide children of divorce or separation with the same sense of fulfillment and happiness as a healthy co-parenting relationship.  Because parallel parenting is normally employed when parents disagree with one another to the point that they cannot communicate effectively, those in parallel parenting arrangements should remember that their exes are their children’s parents and, for that reason alone, they deserve respect.  Keeping differences with one’s ex away from the children will open opportunities to move beyond divorce in the future.


Whether one decides to co-parent or try out parallel parenting, the main concern should always be what is in the children’sbest interests.

Gary Frank & Jacinda Chen


At the Law Firm of Gary J. Frank P.C., both Gary Frank and attorney Hanna Juncaj are strong litigators and compassionate counselors. Gary Frank is a Family Law Attorney with over 30 years of experience as a litigator and mediator, which includes having acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court; and serving on the Governor’s Child Abuse Prevention Task Force. Hanna Juncaj is a highly-skilled attorney with a passion for Family Law and children’s issues. We handle Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification and enforcement actions, grandparent and non-parent rights, and all other matters pertaining to families and children. If you are in need of a consultation, please do not hesitate to call our office at 602-383-3610; or you can contact us by email at, or through our website at   We look forward to hearing from you.


How Spousal Maintenance is Determined in Arizona

Spousal Maintenance, known in many other states as “Alimony,” is the grayest of gray areas in Arizona Family Law.

Determining whether to award spousal support during a divorce is a matter of judicial discretion.  This means that it is up to the judge to decide whether an award of spousal maintenance would be appropriate, based on an examination of the facts of your particular case.  The amount and length of the spousal maintenance award is also determined by the judge.  An award of spousal maintenance may be granted in favor of either spouse, depending on whether it is the Husband or the Wife who is in need of support.

In making her/his decision, the judge will consider the factors listed in Arizona Revised Statutes, Section 25-319(A).  Factors in that section include the length of the marriage; the age of the spouse seeking spousal support; whether that spouse is able to be self-sufficient through employment; whether she/he has sufficient property to provide for her/his reasonable needs; and whether she/he is caring for a child whose age or condition makes it difficult or impossible to work.  If the judge determines that one or more of the above factors applies, then spousal maintenance may be awarded.

But there is another important part of the equation —  How much should be paid in spousal maintenance?  . . . And for how long?

For the answer to these questions, the judge turns to section B of the statute.  The problem is that there is nothing in Section B that specifically tells the Court the amount, or the duration, of a spousal maintenance award.  Instead, there is a second list of factors for the judge to consider in making his or her decision.  Here are the factors:

1.      The standard of living established during the marriage;

2.      The duration of the marriage;

3.      The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance;

4.      The ability of the spouse from whom maintenance is sought to meet that spouses’ needs while meeting those of the spouse seeking maintenance;

5.      The comparative financial resources of the spouses, including their comparative earning abilities in the labor market;

6.      The contribution of the spouse seeking maintenance to the earning ability of the other spouse; 

7.      The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse;

8.      The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children;

9.      The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently;

10.    The time necessary to acquire sufficient education  or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available;

11.    Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common;

12.    The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved;

13.    All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.

As you can see, there is absolutely nothing in the statute that tells the judge how much the spousal maintenance payment should be — or for how long it should be paid.  Unlike child support decisions where the Court has a set of guidelines that can be used to determine the monthly support amount, there is no set of guidelines for the determination and calculation of spousal maintenance.  Therefore, the final result will depend on how each judge views the facts, and how he or she applies the statutory factors.  This leaves the door open for wide variations in spousal maintenance awards.

The bottom line is this:  It is important for a person seeking spousal maintenance to present a solid case using a “needs-based” analysis.  Thorough preparation, good organization, and a persuasive presentation will give you the best chance for success.  This is one area of law where a strong, experienced attorney can make an enormous difference.

The Law Firm of Gary Frank P.C. is an Arizona Family Law firm that has been a fixture in the prestigious Biltmore area of Phoenix, Arizona for over thirty years.  Our attorneys, Gary Frank and Hanna Juncaj, are strong litigators, highly-skilled mediators, and compassionate counselors. We handle divorce and spousal maintenance cases, as well as legal decision-making, parenting time, child support, relocation/move-away, Paternity, Grandparents’ rights and Non-Parents’ rights cases, modification actions, enforcement actions, and all other matters related to Family Law.  If you are in need of a consultation, attorneys Gary and Hanna would love to talk to you.  Please call us today.  You can reach our office at 602-383-3610, or you can contact us by email at through our website.  To learn more about our firm, take a look at our web site at  We’d be happy to help you.


WHEN YOU COME IN for an initial conference at the Family Law Firm of Gary J. Frank P.C., what you get is a real legal consultation. Not a short sales pitch, like you get from some other lawyers. In our first meeting, we will discuss your matter thoroughly and give you a solid understanding of your legal rights and how the court system works – and at the end of the meeting we’ll give you a “game-plan,” so that you will know what you can do to reach your goals.  Unlike most firms, our attorneys do not limit the initial consultation to one hour.  Instead, we will take as much time as is necessary to:

• Learn about your family history and the background facts of your matter;

• Obtain important information that can be used to help you with your case in court;

• Listen to your concerns and answer your questions;

• Talk to you about the law pertaining to your case;

• Explain your legal rights under the law;

• Discuss the court process – how it works, how long it takes, what documents must be filed; what information must be disclosed; what hearings are held, and how the judge will examine your dispute;

• Discuss options for peaceful resolution of your dispute outside of the court-system, such as Mediation, Conciliation Services Conferences, Settlement Conferences using a judge pro tem, round-table negotiations between the parties and their attorneys; and other healthy alternatives;

• Talk about legal fees and a range of how much your matter might cost; and

• We’ll give you a “game plan” tailored to your needs and the specific facts of your matter.  The “game plan” is our recommendations and advice regarding what must be done in your case and the steps that you can take to reach your goals.

An initial conference with an attorney is a critical step in the process of finding a solution to your problem. This is where you begin, for the first time, to put together a “road map” of where you want to go and how to get there.

By the time you leave our office after your first consultation, you should have a much better understanding of your legal rights; of how the court process works; of what your options are; and of what you will need to do to reach your goals and resolve your problem.  Many people walk into our office timid and afraid, and leave armed with knowledge and a sense of renewed confidence.

If you are in need of a legal consultation regarding a divorcecustody, grandparent or third-party rights, modification, enforcement, or other family law matter, please check out our web site: .  And do not hesitate to call us at 602-383-3610 or contact us by email.   We look forward to meeting you, and we’re happy to help.


Gary Frank & Hanna Juncaj


Many clients will ask me “What is the difference between filing for divorce and filing for legal separation?” or “Will filing for legal separation put a stop to our community assets accumulating?” The general answer I give is that filing for divorce and filing for legal separation are fairly similar. However, there are a few distinct, and important, differences that clients need to know before making the decision on which route to take.


Whether you file for divorce or for legal separation in Arizona, the marital “community” is terminated and your assets and debts will be divided. In other words, you and your spouse will no longer accumulate community property, regardless of whether you file for divorce or legal separation. Other key similarities between the two paths are that an order for child support and child custody may be entered into, and in some cases, an order for spousal maintenance as well.

If you want to legally separate, you initiate the process by filing a “Petition for Legal Separation” with the court. If you later want to divorce, or if you decide from the beginning that divorce is more appropriate than legal separation, you file a “Petition for Dissolution of Marriage.” Other than the title of the document, the procedure in Arizona for filing a legal separation is identical to filing for divorce.


One of the following differences between filing for divorce versus filing for legal separation may be the determining factor as to why you would choose one route over the other. Here are some key differences between divorce and legal separation: (1) After you are divorced, your legal status is changed to single, as opposed to legal separation where you remain legally married; (2) You cannot re-marry if you are only legally separated; and (3) Some health insurance plans allow your coverage to continue if you are legally separated but not if you are divorced.

If one party files for legal separation, and the other party files for divorce, the court will combine and convert the legal separation case with the divorce case – basically, if one party wants a divorce, that decision overrides the other party wanting a legal separation.

Lastly, if the parties file for Legal Separation and later decide that they want to divorce, the matter can be converted to a divorce proceeding.

The decision whether to divorce or file for legal separation should be determined not only by your personal goals but also by what you want to accomplish legally.  For instance, if you’d like to stay married but want to divide your property or protect yourself from your spouse’s irresponsible spending; or if you want to separate but find it necessary to remain on your spouse’s health insurance; or if you’re not sure that you want to permanently end your relationship — then a Legal Separation may be the best route.  On the other hand, if your marriage is over and you just want to sever all ties, then a divorce is the way to go.

Hanna Juncaj is an attorney whose practice is focused exclusively on Family Law.  She is a graduate of Arizona State University and Summit Law School, where she was named the Vice Managing Editor of the prestigious Law Review.  Hanna is dedicated to helping families and children.  She is an attorney who deeply cares about the clients she represents. Check out our website at  If you are in need of a consultation, you can always contact us by email or call our office at 602-383-3610.

Gray Divorce – How to Explain the Boom in Boomer-Divorce?

You’re 50-something, maybe even 60.  You’re contemplating divorce and plagued by numerous dilemmas.  You’re stuck in a marriage with no discernible future but you’re too frightened to venture out into the scary world of dating.  Maybe you share too much history with your spouse and it’s almost impossible to think of yourself as being single.  Perhaps you’re unsure whether or not you want to go from living off the income of two to relying on just your own income.
These feelings are not unique to older couples.  In fact, people of all ages struggle with the same dilemmas.  You may be of the opinion that the already negative stigma surrounding divorce is made even worse by your older age.  But the reasons for divorce, whether or not it’s “gray divorce” (late-life divorce), vary from couple to couple.  And divorce at the age of 50 or more is no longer looked upon any differently than divorce at a younger age. 
But why does gray divorce happen, and why has it become more common in recent years?  Here are some of the reasons given by experts for the boom in Boomer-divorce:
Longer life expectancy.  In the past, people died at a much younger age.  Reaching age 50 or 60 was less common.  Today, many people are healthy and vibrant beyond their 70’s and 80’s.  Since our life expectancy has increased so significantly, older couples are more frequently considering divorce because, now, age 50 or 60 is no longer too late to start a “new life.”
Change in women’s status.  The increase in women’s rights brought with it a general shift to women feeling more liberated and empowered.  Women today are less afraid to seek out what they want, rather than considering only what is best for their husbands and families.
Wear and tear.  The process that leads to divorce often happens slowly over time.  In other words, issues that started out as small may have slowly but surely eaten away at your relationship. 
Age Difference.  Perhaps a larger age difference did not matter at the beginning of your relationship, but has now emerged as an unavoidable issue.  You or your spouse may also go through a “mid-life crisis,” which can break apart a previously stable relationship.  One partner may desire more adventure, while the other may be happy as a home-body.
Boredom.  Older couples are not the only ones who cite boredom as a factor in their divorces.  Even younger couples who are around each other 24/7 can suffer from boredom.  It, therefore, makes sense that older couples would be even more prone to this issue, having spent decades together performing the same routines and putting up with each other’s eccentricities.
Money habits.  Arguing over how to distribute income may eventually lead to divorce.  One spouse may prefer to save for the kids’ activities and college funds, while the other spouse may prefer to travel and spend on the couple itself.  Couples with kids – even adult kids — are undoubtedly more prone to having financially centered arguments than those without.
Sex.  With age comes hormonal changes, especially those related to sex drive.  One partner may desire the same amount of sexual activity as when the couple was younger, while the other partner’s drive may have fallen.  Another possibility is sexual incompatibility that existed at the beginning of the relationship may become more pronounced with age.

These are only a few of the many reasons why gray divorce happens.  Our bodies may grow older, but in our minds we remain the same person we’ve always been – and we know that we deserve happiness.  Older couples may be more reluctant to follow through with divorce because so many years of their lives have been invested in the relationship; or out of fear of an uncertain future.  But the fact is that divorce, regardless of age, will be a tough process.  The life-experience and enhanced financial stability that typically comes with older age may actually be an advantage for older couples and, ultimately, a tool to more smoothly navigate through a difficult process.

Gary Frank & Jacinda Chen

Gary Frank is a Family Law Attorney with over 30 years of experience in the areas of domestic relations, divorce, custody, division of property, support, modification and enforcement actions, Grandparents and non-parents rights, and all other matters pertaining to families and children.  Mr. Frank’s experience includes acting in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court; and serving on the Governor’s Child Abuse Prevention Task Force.  If you are in need of a consultation, please do not hesitate to call our office at 602-383-3610; or you can contact us by email at, or through our website at   We look forward to hearing from you.


I have recently been asked, by a number of people, whether Arizona recognizes Domestic Partnerships, and how it compares to marital rights.   Domestic partnerships are recognized in Arizona, but only for limited purposes, such as where a patient in a hospital is unable to make or communicate healthcare treatment decisions.  Arizona Revised Statutes §36-3231 provides that, in cases where the patient is unmarried, a domestic partner may be allowed to act as a surrogate.  Certain cities in Arizona recognize domestic partnerships and have registries where partners can file a declaration of domestic partnership or a civil union, but their rights are generally restricted to visiting the other partner in a hospital or health care facility.  Some insurance companies provide options for domestic partners, and others don’t.  You would have to contact your insurance company to determine what, if any, benefits are provided. 
It is important to note that there is no law in Arizona giving domestic partners the same or similar rights as a couple who is married.  By law, married couples in Arizona have inheritance rights; the right to be covered on health insurance policies; the right to make healthcare decisions for a spouse under certain circumstances; and, in the event of a divorce, the right to a fair division of community property, the right to receive spousal maintenance (if they qualify under the statute), and parental rights.  For domestic partners, however, none of those things are automatic, and some of them (such as a community propertydivision, and receiving spousal maintenance) are precluded under Arizona law.   
Now that both heterosexual and same-sex couples have the right to marry in Arizona and all other states, domestic partnerships and civil unions are not as favored, and the development of laws around these forms of partnership has slowed.  A marriage provides far more legal protection than a domestic partnership, a civil union, or cohabitation.  

If you have questions about domestic partnership law and your legal rights, I suggest that you make an appointment for a consultation with a Family Law attorney.   

Gary Frank & Jacinda Chen

Gary J. Frank is an attorney and mediator with over thirty years of Family Law experience in dealing in divorcecustody, and parenting issues. For many years he acted as a Judge Pro Tempore in the Maricopa County Superior Court, which gave him an insight into the inner workings of the courts that many attorneys lack.  In addition to representing Family Law clients in litigation, we are also willing to help people by working with them on a Limited-Scope or Consultation-Only basis.  Our office is located in the Biltmore area of central Phoenix, with satellite offices in Scottsdale and Paradise Valley, Arizona.  We can be reached by telephone (602-383-3610); or by email at  You can also reach us through our website at  If you are in need of a consultation regarding any area of Family Law, contact us today.  We’d be happy to help.