In Pima County, Arizona, approximately 70 % of all family law matters are filed pro per (without legal representation from a Tucson attorney). There are also a divorce/paternity/custody packets, document preparers, clinics, and numerous other resources that create an impression that anyone who can fill out the forms (which really, in itself, is not so easy to do) can represent themselves in a divorce. It is not clear what percentage of the 70% feel that they successfully handled their family law matter, although my guess is that this is a much small percentage. The Pima County Superior Court Web Site contains the following warning: “[i]f there is uncertainty regarding a procedure, seek the advice of an attorney. There are serious consequences for people representing themselves and doing so improperly.” Consequences range from change in custody to waste of community assets. A Tucson attorney plays a critical role in your family law matter and you need an experienced Tucson family law attorney in order to effectively handle your case.

When you hire a licensed Tucson family law attorney, you are paying for the experience, analytical skills, and relationships that are developed through a busy family law practice. Familiarity of the law; knowledge of procedure, and experience with your judge do not come in form packets. It is also important that you match your Tucson attorney with your needs. With that said, here are some questions to ask yourself to make sure that you select the right Tucson attorney for you:

Questions To Ask Yourself Before Selecting A Tucson Attorney

Does my personality fit with this Tucson attorney?

Example: If you are a risk taker, you want an attorney who will litigate all issues. If you are adverse to risk, you wantan attorney who will be more solution oriented.

What are my priorities/objectives?

Example: If relocation is primary concern, you want an attorney who is focused on custody and parenting time; if asset protection is your primary concern, you want an attorney who is focused on finances.

Do I trust and respect this law firm and staff?

Example: Family law is sometimes counter intuitive the rule of law does not always follow common sense. You will likely be given advise you do not want to hear. You need to a select an attorney you will listen to and trust, even if the message is not something you want to hear.

Do I require special skills or services?

Example: If you need off hours for appointments, select an attorney who has flexible hours.

When you retain an attorney, you should feel like a huge burden has been lifted and that some of your worries have been eliminated. That is really the best test measure of whether or not you have selected the right attorney for you.

In Pima County, all Family Law matters brought under Arizona Revised Statutes, Title 25 (which includes: marriage; property and contract rights of husband and wife; child custody and visitation; child support; maternity and paternity proceedings; interstate custody issues) are determined in the Tucson courthouse “Pima County Superior Court.” This Tucson courthouse is where initial pleadings are filed; where court ordered settlement conferences occur; where hearings and trials take place; where you can find legal and resource information; and obtain child support/spousal maintenance payment histories. When you arrive tt a Tucson courthouse on your scheduled day, plan to arrive early; it is difficult to find parking at a Tucson courthouse. When you enter the Tucson courthouse, you will be required to go through security. It is similar to the airport, except you keep your shoes on. Common items that may be confiscated are: knitting needles, chains, manicure scissors, etc. – you will get these items back when you leave.

Entering A Tucson Courthouse

Once you have successfully found parking at the Tucson Courthouse and and gone through security, your court room information can be found on the courthouse’s calendar, which is usually located at the Information Booth on the first floor. The staff at the Information booth will not provide legal advice (no matter how nicely you ask), but will courteously give directions to your court room. When you get to your room, double check the docket, which is posted on the door. If you are the first case on the docket, the door may be locked. This is a good time to collect your thoughts and become comfortable with the environment. If there is another case pending, remain outside or sit patiently in the back.

About The Courtroom

In Pima County Superior Court, the sizes of the court room differ and so do the placards on the counselor’s table. Only the parties and attorneys are allowed to sit at the counselor’s table. This means that you cannot bring a friend or relative to act as an attorney and sit at the table with you. If you are the one who initially filed a Petition, sit at the table with the placard saying “Petitioner” or “Plaintiff;” if you were served with Petition, sit at the table with the placard saying “Respondent” or “Defendant.” If you are in a Tucson courthouse after a decree has been entered, you are whatever you were in the initial proceeding.

The court room will also have a device that looks like a microphone. The purpose of the device is to record everything that is said in the court room, even whispers during someone else’s testimony. So, if your spouse is on the witness stand, making disparaging remarks about you, do not mumble obscenities; your comments will be recorded. While you are waiting for your matter to be heard, be courteous to the clerk, the bailiff, and your opponent. You have a limited amount of time to make a good impression. Use your time wisely.

Evidentiary hearings

Most family law matters in a Tucson courthouse are “evidentiary hearings.” At evidentiary hearings, it is expected that documents will be marked as evidence, that witnesses will be called, and that testimony will be offered. If you have an attorney, make sure that you provide your attorney the documents he/she has requested, that you provide contact information for any witnesses you believe would be helpful, and that you are honest with your attorney about the testimony you will give. It is difficult for your attorney to fight for you if you do not provide information timely; producing documents in a Tucson courthouse for the very first time is a disaster.

Conclusion

In sum, the court room is like live theater; there is a lot that goes on behind the scenes to effectively present your case. Things happen quickly and mistakes are difficult and costly to correct. The more comfortable you are with the court room environment, the more likely it is that you will make a favorable impression in a Tucson courthouse.

Before you enter any of the Tucson courts, it’s imperative that you take your appearance into consideration and make a note of how you will conduct yourself in the Tucson courts. An easily avoidable, albeit common mistake that parties often make in their first Tucson court appearance is that they use the opportunity to impress their ex with revealing clothing rather than dress in professional attire. It’s important that you resist the urge to make your ex jealous of your independence and focus on the judge instead. After all, the judge is the one who will ultimately decide your fate.

Important Information Regarding Judges In Tucson Courts

Pursuant to local rule, the Judge assigned to your case is charged with regulating your case and may do so “in any manner that is not inconsistent with applicable law and rules.” (Rule 8, Pima County Local Rules). The Judge is also the finder of fact and is also charged with considering the testimony, demeanor and credibility of the witness, and admitted exhibits. This means that if there is a factual dispute (who did what to whom), the Judge will decide who to believe. Because of this, it is critical that you address the Judge courteously and respectfully in what you say (or do not say) and how you act in the Tucson courts

The Do’s And Don’ts In Tucson Courts

To conclude this article, here is a list of do’s and don’ts on what you should and should not do while inside of a Tucson courtroom or while you appear before a judge.

DO

• Conceal Tattoos
• Remove Questionable Piercings
• Dress Conservatively
• Hide gum (or not chew it)
• Balance your emotions
• Be aware of your body language
• Address the Judge as “your Honor”

DON’T

• Interrupt the Judge
• Call the Judge ma’am or sir
• Sit up straight
• Get mad
• Slouch
• Wear revealing clothing

In Pima County, all Family Law matters brought under Arizona Revised Statutes, Title 25 (which includes: marriage; property and contract rights of husband and wife; child custody and visitation; child support; maternity and paternity proceedings; interstate custody issues) are determined in
Pima County Superior Court. The website to Pima County Superior Court is: www.cosc.co.pima.az.us. This is where initial pleadings are filed; where court ordered settlement conferences occur; where hearings and trials take place; where you can find legal and resource information; and obtain child support/spousal maintenance payment histories. When you have your day in court, plan to arrive early; it is difficult to find parking. When you enter the court house, you will be required to go through security. It is similar to the airport, except you keep your shoes on. Common items that may be confiscated are: knitting needles, chains, manicure scissors, etc. – you will get these items back when you leave.

Once you have successfully found parking and gone through security, your court room information can be found on the court’s calendar which is located at the Information Booth on the first floor. The staff at the Information booth will not provide legal advice (no matter how nicely
you ask), but will courteously give directions to your court room. When you get to your room, double check the docket, which is posted on the door. If you are the first case on the docket, the door may be locked. This is a good time to collect your thoughts and become comfortable with the environment. If there is another case pending, remain outside or sit patiently in the back.

In Pima County Superior Court, the sizes of the court room differ and so do the placards on the counselor’s table. Only the parties and attorneys are allowed to sit at the counselor’s table. This means that you cannot bring a friend or relative to act as an attorney and sit at the table with you. If you are the one who initially filed a Petition, sit at the table with the placard saying “Petitioner” or “Plaintiff;” if you were served with Petition, sit at the table with the placard saying “Respondent” or “Defendant.” If you are in court after a decree has been entered, you are whatever you were in the initial proceeding.

The court room will also have a device that looks like a microphone. The purpose of the device is to record everything that is said in the court room, even whispers during someone else’s testimony. So, if your spouse is on the witness stand, making disparaging remarks about you, do not mumble obscenities; your comments will be recorded. While you are waiting for your matter to be heard, be courteous to the clerk, the bailiff, and your opponent. You have a limited amount of time to make a good impression. Use your time wisely.

Most family law matters are “evidentiary hearings.” At evidentiary hearings, it is expected that documents will be marked as evidence, that witnesses will be called, and that testimony will be offered. If you have an attorney, make sure that you provide your attorney the documents he/she has requested, that you provide contact information for any witnesses you believe would be helpful, and that you are honest with your attorney about the testimony you will give. It is difficult for your attorney to fight for you if you do not provide information timely; producing documents in court for the very first time is a disaster.

In sum, the court room is like live theater. There is a lot that goes on behind the scenes to effectively present your case. Things happen quickly and are mistakes are difficult and costly to correct. The more comfortable you are with the court room environment, the more likely it is that you will make a favorable impression.

Welcome to our website! The reason we put this website together was because we were getting lots of questions from our clients and potential clients. Our information is both practical and substantive and we wanted to let you get to know who we are as a team and also to provide you with the information that you need, and we’re hoping to provide that information to you. Take a look around and if you have any questions, then please contact us. ~ Lenore Tsakanikas