Hawkins & Hawkins, PLLC

Family Law and Criminal Law

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Firm Overview

Hawkins & Hawkins, PLLC, serves clients with family and divorce law in Mesa, Gilbert, and Chandler, Arizona. Our family, divorce and separation lawyers handle divorce law, separation law, and family law. We provide legal advice and help, divorce mediation, and divorce representation. Mark W. Hawkins is available to speak to civic or religious organizations on family law topics, and was a presenter at the Law at Lunch series.

STRATEGY:
Whether its legal separation, divorce, or child custody and support, the success of a case depends on an effective strategy. The right strategies often include the effective use of temporary orders and expert witnesses.

TEMPORARY ORDERS:
The prompt filing of temporary orders in a divorce case can establish exclusive use of the marital residence, spousal maintenance, division of bank accounts or other liquid assets, child custody, parenting time, child support and orders of protection.

EXPERT WITNESSES:
Expert witnesses often determine the outcome of a case. Judges rely on experts. We have used the following types of experts: business valuations, forensic accounting, child custody evaluations, occupation and earning ability evaluations, mental health evaluations.

CRIMINAL LAW AND JUVENILE LAW:
Hawkins provides criminal law and juvenile representation including DUI, drug cases, child pornography and molestation cases, and illegal immigration. Mark W. Hawkins is available as a speaker on criminal law topics, and has given presentations including the Law at Lunch series. He produced and published the DUI Directory, a phone directory of DUI attorneys. He is fluent in Spanish, and was interviewed on TV Channel 33. He was the defense attorney on a recent court of appeals case, State v. Perez, 216 Ariz. 525 (Ct. App. 2007), which held that an illegal immigrant could not be indicted for being a prohibited possessor of a firearm unless the state proved an interstate nexus.

Case Strategy: Aggressive plea negotiations, motions and trials, and the use of experts. Our attorneys have used the following kinds of experts on criminal law matters: forensic chemist, drug expert, computer forensics, traffic reconstruction, psychology professor, psychiatrist, and psychosexual evaluation.
Main Office

Main Office
1930 North Arboleda, Suite 216, Arboleda Center
Mesa  AZ  85213

Phone
  • 480-325-9950
Fax
  • 480.325-9951
Child Custody
Family Law
Important issues we've addressed in some recent cases:

A wife alleges domestic violence and moves out of state to live near her parents with the minor children. ISSUES: Will Arizona have jurisdiction, or will the state she moves to have jurisdiction? Will the court order her to return to Arizona so that the children will have parenting time with both parents? If the court doesn't require her to return to Arizona, will the court order a deviation for child support?

A wife or husband moves to a different county in Arizona with the children, and files for divorce in that county. ISSUE: Can the matter be dismissed for lack of venue? Do Arizona Statutes or Rules allow what is sometimes referred to as forum shopping, that is, picking a state or county where you want to live and filing there.

ISSUES: Does an extramarital affair or adultery by one of the parties have an affect on child custody determinations? On exclusive use and possession of the residence? Can orders of protection or injunctions against harrassment?

ISSUE: Is use of pornography by one of the parties relevant to divorce and child custody?
Child Support
Family Law
Important issues we've addressed in some recent cases:

A wife alleges domestic violence and moves out of state to live near her parents with the minor children. ISSUES: Will Arizona have jurisdiction, or will the state she moves to have jurisdiction? Will the court order her to return to Arizona so that the children will have parenting time with both parents? If the court doesn't require her to return to Arizona, will the court order a deviation for child support?

A wife or husband moves to a different county in Arizona with the children, and files for divorce in that county. ISSUE: Can the matter be dismissed for lack of venue? Do Arizona Statutes or Rules allow what is sometimes referred to as forum shopping, that is, picking a state or county where you want to live and filing there.

ISSUES: Does an extramarital affair or adultery by one of the parties have an affect on child custody determinations? On exclusive use and possession of the residence? Can orders of protection or injunctions against harrassment?

ISSUE: Is use of pornography by one of the parties relevant to divorce and child custody?
Divorce
Divorce Law
The family and divorce attorneys in Mesa of Hawkins & Hawkins help our clients deal with the many issues surrounding separation and divorce. Some of these issues include:
-I am separated but I don't know my legal options, where can -I get separation advice?
-If I am having serious marital problems that cannot be resolved, should I get a legal separation in Mesa or get a divorce?
-What type of divorce help is available in Mesa and the surrounding area?
-How do I find the right divorce lawyer in Mesa?

We understand that these are not easy issues to deal with, and that they come at a very difficult time of one's life. Hawkins & Hawkins have helped clients address these difficult issues and can help you too.

Mesa Divorce Process:
There are many requirements that must be met when seeking a divorce in Arizona. For example, in order to file for divorce in Arizona, you must meet certain residency requirements for the court to accept your case. The court must determine if it has jurisdictional rights to hear the case, and if it does not, your case will not be accepted or it may even be dismissed.

There must also be grounds for divorce filed with the court. Grounds could be mutually agreed upon and substantiated by the divorcing parties, or they could be based upon what one party may wish to prove in court. The grounds for the dissolution of a marriage include fault and no-fault (the marriage is beyond repair).

Divorce Attorney in Mesa:
Many times we are asked, "do I really need to go to court for a divorce"? There is an alternative known as Divorce Mediation. After filing a petition in family court, a married couple can enter into a voluntary settlement process to create a mutually acceptable separation or divorce agreement. A divorce mediator is a neutral person or persons who facilitate the communication between the two parties in order to help them reach a mutually acceptable agreement.
Contested Divorce in Mesa

In a Mesa contested divorce, both spouses are not able to agree on such issues as child custody and division of assets. In these situations, the litigation process takes longer to reach a conclusion. When spouses can't come to an agreement, they go before the court, and the court will make the final decision on all issues that both parties were unable to negotiate.

Steps involved in a contested divorce:
-Meeting With an Attorney
-Divorce Petition Served Upon Your Spouse
-Your Spouse Responds to the Petition
-Discovery
-Settlement
-Trial
-Post Trial Motions
-Appeals

Mesa Uncontested Divorce:
When both spouses agree that the marriage is to be ended, and both have come to a mutually satisfying agreement regarding the final divorce settlement, this is an uncontested divorce in Mesa.

In an uncontested divorce, the spouses are able to come to an agreement on issues such as:
Property division
Child support
Spousal support
Any other financial issues

In an uncontested divorce there is no need for lawyers or court hearings, but in situations where there is child custody involved or the division of assets, it is wise to seek the advice of a divorce attorney before signing any final legal documents.

Because separation and divorce is such a sensitive and private matter, consider a consultation with the attorneys of Hawkins & Hawkins. We work with our clients with the utmost discretion providing the legal advice that is best for each unique situation.

Susan Hamblin Hawkins

Member

Practice areas:
-Criminal law
-Family law
-Wills and probate

Admitted:
Arizona, 1990

Education:
Brigham Young University - Provo, UT, J.D.

Associations & memberships:
State Bar of Arizona
Maricopa County Bar Association, 2008

Biographical details:
-The City of Phoenix Prosecutor's Office, 1993 to 1998
-Cheri McCracken & Associates, 1990-1991
-Employment Law Prosecutor of the Month, Phoenix City Prosecutor's Office, Feb. 1997
-Committee Member, J. Reuben Clark Law Society, Women in the Law
-Former Board Member, J. Reuben Clark Law Society, East Valley Chapter

In May of 2008, Susan got on eBay and purchased a West Wight Potter Sailboat. She enjoys sailing on Arizona's lakes.

Susan owns and raises Cavalier King Charles Spaniels.

Susan enjoys history, and is a member of the Daughters of the American Revolution.
Education
  • Brigham Young University - Provo, UT
    Juris Doctorate

Mark W. Hawkins

Member

Practice areas:
-Family law
-Criminal law

Admitted:
Arizona, 1991

Education:
Brigham Young University - Provo, UT, J.D.

Languages:
Spanish

Associations & memberships:
State Bar of Arizona

Representative cases:
-State v. Alawy, 198 Ariz. 363, 9P3d 1102 (CE. App. 2000)
-State v. Perez, 216 Ariz. 525 (CE. App. 2007)

Biographical details:
-Member, J. Reuben Clark Law Society, 2001
-JacksonWhite P.C.
-Mesa City Prosecutor's Office
-Mohave County Attorney's Office
-Lawyers on Call Volunteer, TV Channel 12, 2008
-Courthouse Experience Volunteer, 2008
-Precinct Committeeman, 6 years plus
-Board of Examiners, Arizona Quality Alliance, 2000

Mr. Hawkins was born in Cody, Wyoming. He and his law partner, Susan, were married after their first year of law school in 1988. Mr. Hawkins is an author, and has written on various legal topics. He produced and published the DUI Directory, a listing of attorneys practicing in the areas of DUI and criminal defense. He is available as a speaker on legal topics of criminal and family law, and has given presentations on these topics as part of the Law at Lunch series at Mesa Public Library. He has also spoken to youth groups on legal topics and Arizona statutes affecting youth.

Mr. Hawkins is fluent in Spanish, and was interviewed by TV Channel 33 regarding immigration issues following a community presentation. He served as a member of the day labor task force in Mesa.

Mr. Hawkins was the defense attorney on a recent court of appeals decision which held that Arizona's prohibited possessor gun law requires a showing of interstate nexus for illegal immigrant cases.

Mr. Hawkins is an author. He has written two novels, the second of which is well worth reading.

Mr. Hawkins enjoys sailing on the West Wight Potter sailboat his wife purchased on eBay in May, 2008. There are plenty of lakes in Arizona, just not much wind.
Education
  • Brigham Young University - Provo, UT
    Juris Doctorate
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