Filing Divorce in Mesa, Arizona
Mesa Divorce Lawyers
My AZ Family Law Lawyers is a trusted Mesa Divorce law firm and will successfully represent your Mesa divorce.
Mesa divorce lawyers can help you if you are facing; Divorce, or dissolution of marriage, is the legal process when a marriage ends. Our Mesa divorce lawyers can help guide you through the sometimes complex steps of filing for divorce in Mesa, Arizona. At My AZ Lawyers, we want to help you define what you are hoping to achieve through filing for divorce.
In addition, our Mesa divorce lawyers want you to have a solid understanding of your rights and responsibilities when filing for divorce in Mesa, AZ. We have handled hundreds of divorces and know the Arizona family law system well. We will also help you identify options that you might not have known were available.
To resolve issues that may accompany a divorce, it is important you seek experienced Mesa Divorce representation. Because each case is different, My AZ Family Law Lawyers are prepared to protect your rights and represent your best interests no matter what family matters arise.
Furthermore, divorce in Mesa does not usually present itself alone. Additional issues seem to always come along with every divorce. Some of those issues include a myriad of other family law issues that can accompany a divorce.
Some of the things that may also happen when filing for divorce in Mesa, Arizona include:
- Alimony / Spousal Support in Mesa, Arizona.
- Child custody in Mesa, AZ.
- Child visitation / parenting time in Mesa.
- Division of marital assets, property, and debts in mesa, Arizona.
Because Arizona is a no-fault divorce state, if there is no reasonable prospect of reconciliation and a marriage is broken, a spouse may request that a divorce be granted. Our attorneys know the Mesa divorce law. We know the courts, judges, and process. Our team works to provide you with expert and trusted representation, information, and options to resolve your divorce issues.
Debt and Assets accrued during the Marriage
In a Mesa divorce, debt and assets accrued during the marriage are divided equally. My AZ Family Law Lawyers are understanding of your divorce, but will be aggressive when protecting your rights and obtaining an equitable division of property. If spousal maintenance issues, child custody/visitation, or business and assist valuations need to be resolved, you need an experienced Mesa divorce lawyer.
Filing Divorce in Mesa
To file divorce in Mesa, you or your spouse must have lived in Arizona for at least 90 days before filing of the case. Generally the time period is six months if your case involves family law issues such as child support or custody. After your initial consultation, our attorney will be able to better provide you with an idea of how long your case might take. Sometimes a simple divorce can be final in 90 days. A more complex divorce may take longer.
Take advantage of My AZ Family Law Lawyers FREE CONSULTATION. Schedule your free initial, no obligation consultation with an experienced Mesa divorce attorney.
(480) 833-8000
ABOUT OUR MESA FAMILY LAW FIRM
The Mesa divorce lawyers at My Arizona Lawyers work diligently to keep our fees low while aggressively representing the best interest of our clients. Our experienced Mesa family law attorneys and staff are here to work with you every step of the way. No matter how big or small your case, our dedicated Mesa family law staff will provide full support and guidance throughout the process.
We know that this is a stressful time for you and your family. Let our family friendly law office relieve some of the stresses brought on by divorce, child support arguments, paternity issues, restraining orders, child custody issues, asset protection, or spousal maintenance questions. Our experienced Mesa attorneys have helped thousands of people in Mesa and throughout the East Valley of Phoenix with family law issues.
MESA DIVORCE ATTORNEYS FAQs
Frequently Asked Questions About Getting Divorced in Mesa, Arizona.
Our Mesa Divorce Attorneys address some of the most asked questions of people looking to get divorced in Mesa, Maricopa County, Arizona. Therefore, when seeking assistance with a family law matter, our Mesa Family Law Team is who you should trust. We have helped thousands of people throughout Arizona with Divorce and Family Law matters. We offer free consultations. Plus, all of our consultations are 100% confidential. Talk to our trusted attorneys.
ANSWER:
In Mesa, Arizona, divorce is a process to legally end a marriage. Thus, a divorce is referred to as a Dissolution of Marriage. Therefore, in a divorce proceeding, the Arizona family court will determine division of assets and liabilities. Plus, Alimony or Spousal Maintenance may also be awarded. Additionally, if children are involved, custody, parenting time, and child support are settled in the divorce petition or within the family court.
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ANSWER:
Many divorces in Mesa may seem like they will be Uncontested when going into the dissolution of a marriage. What our Mesa Divorce Attorneys have realized through years of experience, usually a divorce is a contested divorce in some way.
Therefore, a contested divorce in Mesa, Arizona is a divorce in which the parties cannot agree on all aspects.
The disagreements in a Contested Divorce may be about:
- Getting divorce, Wanting or not wanting to divorce.
- Terms of the divorce.
- The division of assets within the divorce.
- Allocation of debts from the marriage when divorcing.
Also, there may be points of contention involving:
- Alimony or Spousal Maintenance,
- Child support,
- Custody of the child or children.
Often, many divorces in Mesa that couples believe will be uncontested quickly become contested divorces as it is unlikely that both parties can agree on all faucets of things needing to be decided in a divorce. Therefore, reaching out to a Mesa Divorce Attorney may be the best solution to a Contested Divorce in Mesa, Maricopa County, Arizona.
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ANSWER:
There are only a few circumstances where an uncontested divorce actually happens in Mesa, Arizona. The first type of uncontested divorce is a default divorce. This is the most common of the uncontested type of divorces. A default divorce in Mesa, AZ happens when one party files their divorce petition, and the other party does not contest or object to the terms laid out in the petition. These terms can cover areas such as division of assets and debts, spousal support, and child custody.
Therefore, if the other party doesn’t respond to the petition simply because they agree with the terms, they will receive a default divorce. Additionally, a default divorce can also occur when the second party doesn’t respond in time, they other party chooses not to respond, or if they can’t be located for process service.
The second type of uncontested divorce is a divorce by consent in Mesa, Arizona. This also occurs when both parties agree to the terms of the divorce. Instead of the other party not responding to the petition, the couple will submit a Consent Decree of Dissolution of Marriage. While more expensive than the default uncontested divorce, it is a faster process. Contact our Mesa Divorce Lawyers for more information
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ANSWER:
It is really tough to determine the exact length of a divorce in Mesa, Arizona as no two couples are alike. Arizona divorces are not instantaneous as there is a “Cooling Down” period that allows for clearer heads to determine if divorcing is the right solution.
Arizona family law does provide that a divorce cannot be legally finalized any earlier than six months from the date the petition was served. Also, factors that may lead to an even longer divorce proceeding include disputes regarding: assets, debts, custody, alimony, child support, and division of property.
When the divorce is uncontested, it can typically be completed in 80-90 days. Of course, each divorce has its own unique circumstances, so it may depend on the legal issues that need to be addressed in the divorce case.
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ANSWER:
The price of getting divorce in Mesa varies widely and is determined by many factors.
However, at My Arizona Lawyers, PLLC our commitment is to providing family law clients with quality representation at a cost that they can afford. There are many factors that come into play when determining the cost of an attorney in Arizona.
Thus, a good rule of thumb is; the more factors that you and your partner agree upon, usually the lower the cost of your divorce.
Keep in mind, you can do your own divorce without the assistance of an attorney. Filing sans an attorney would limit the cost of your divorce in Arizona. However, chances are you may leave out important provisions and factors that will end up costing you more in the long run than it would to hire a divorce lawyer from the start.
Our Motto when considering hiring an attorney is: Our Arizona divorce law firm believes, no matter how “simple” or “uncontested” your divorce may seem, you should always hire a divorce lawyer to protect your best interests.
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ANSWER:
In Mesa, one attorney cannot ethically represent both spouses in a divorce or any other legal dispute. However, if the spouses can agree on all the terms of the divorce or legal separation, one spouse can hire an attorney to prepare the necessary documents for review by both parties. If that goes well, the attorney can move the matter through the Court. It is recommended to protect the rights of each party to get a separate attorney for representation.
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ANSWER:
The laws in Arizona are set up so that you will be able to remarry fairly quickly. Thus, you can get remarried as soon as your divorce is finalized. Whereas, most states similarly have little to no restriction on how long before you can remarry after a divorce, but a few states do require a waiting period before remarrying. You should check with a family law attorney to see which laws will apply to your case.
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ANSWER:
No. The best interest of the child must always be put first. Therefore, the custodial parent can petition the court to enforce the child support order, but this is a separate matter from visitation/parenting time. You CAN NOT violate the custody agreement because of lack of child support payments. Doing so would put you in violation of a court order and in no better spot than the parent not paying child support.
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ANSWER:
An Arizona divorce includes the division of all community or marital property owned by the couple. Usually, this property includes most of the property that was acquired during the marriage, including the home/s, home furnishings and appliances, vehicles, financial assets, art, investments, a privately owned business, and retirement accounts. Given that most all property that was obtained during the marriage is going to be divided, best practices would be to seek the assistance of an experienced family attorney.
In some cases, intangible property need be divided.
A few examples of Intangible property that is divisible includes: the value of a spouse’s name or celebrity status, the value on an invention patent, or the value of a professional degree held by a spouse.
Therefore, when both parties make a significant contribution to this value, these intangible assets may be divided.
Also, through discovery, a Mesa Divorce attorney can help a spouse to identify all the assets that are available for division and valuation. Documents that show disclosure of income, assets, and liabilities are discovered, and usually each spouse is deposed by an attorney. This ensures that, under oath, each spouse will respond to questions in order to gather all information regarding assets and income.
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ANSWER:
The quick answer is, “It Depends” if you are able to get spousal maintenance in Mesa, AZ. Spousal support is also known as alimony. The Arizona court takes different factors into consideration when determining spousal support including the length of the marriage, the age of each spouse, the earning capacity of each party, the age of the children, and contributions made by each spouse during the marriage, or if there is an existing prenuptial agreement.
Additionally, when determining the amount of alimony that is proper, and the amount that will be awarded, the Arizona Family Courts consider many economic circumstances as well. Once established, Alimony payments may be made monthly, weekly, or in one lump sum. Also, Alimony is income that is taxable, and must be reported on a tax return (as well as it is a deductible amount by the spouse paying it).
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ANSWER:
If there has been domestic violence against you or your children, you should first get to a safe place, then make a report to the authorities, then seek an Order of Protection. If a divorce or legal separation has not yet been filed, you can obtain an Order of Protection in Justice Court, City Court or Superior Court. If a divorce or separation has already been filed, you should go only to the local Superior Court to get an Order of Protection. Therefore, if you are seeking a divorce in Maricopa County, do not hesitate to contact our Mesa Family Attorneys to assist you with your family law matter.
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ANSWER:
Yes, contact our Mesa Family Law Team and set up a free consultation with one of our experienced divorce attorneys. Call us at (480) 263-1699. Our Mesa Divorce Office is located at 1731 West Baseline Rd. Suite #101 in Mesa, Arizona 85202. The cross streets for our office is Baseline and Pennington. Additionally, our consultations are 100% confidential. We look forward to working with you on your family law needs.
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ANSWER:
The filing fee for filing a divorce versus responding to it is slightly higher. However, if you are the one to file the petition, there is a chance your spouse may fail to respond to the petition once it has been served. If this happens, all of the terms you requested in the petition will be granted due to a legal process called default. You should contact a family law attorney for a consultation to determine if there are any costs or benefits to filing first in your specific situation.
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ANSWER:
You can check the website for the Superior Court of the county in which you live to see where you can file your divorce petition. Click Maricopa family court locations to find a location of the Maricopa County Family Law courts.
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ANSWER:
Our attorneys know the last thing you need to worry about during a divorce is paying to meet with each attorney you are considering to represent you in your divorce. Decide if our firm is right with you risk-free with a free initial phone consultation. If you are interested in retaining, our attorneys also offer competitive rates and monthly payment plans.
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ANSWER:
To file a divorce petition, the court filing fee in Arizona is $349. To file a response to a divorce petition in Arizona, the respondent must pay a court filing fee of $274.
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ANSWER:
Your spouse will have 20 days to respond to your divorce petition if you both live in Arizona. If your spouse lives outside of Arizona, they will have 30 days to respond after being served with the divorce petition.
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ANSWER:
Yes. You can file for divorce in Arizona as long as you have resided here for at least 90 days, regardless of which state your spouse resides in.
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ANSWER:
Your case doesn’t need to proceed to trial if you agree with all of the terms your spouse requested in the divorce petition. Otherwise, you can negotiate the terms of your divorce and reach a settlement out of court if you don’t wish to go to trial. You and your spouse may also want to consider using mediation to reach a divorce settlement agreement without ever stepping foot in a courtroom.
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ANSWER:
Your spouse doesn’t have to agree to a divorce. If your spouse fails to respond to service of your divorce petition or appear in court, you will be granted a default divorce.
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ANSWER:
Arizona is a community property state, so debts and assets accrued by your and your spouse during the marriage will be split evenly in the divorce. Community property division applies even when one spouse opened an account in their name alone. Property that you owned separately before the marriage may also become commingled or transmuted during the marriage. You should contact an attorney to help you figure out which of your debts and assets will be considered community property. Community Debts are all debts accumulated by the “community” (the married couple) during the duration of their marriage.
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