Family Law Attorney In Peoria, AZ

When you come to your initial consultation regarding your divorce, there are several items that you should bring. The most important thing you should bring is your personal information including names and birthdays of you and your spouse, and the date and location of your marriage. You will also want to bring any financials including pay stubs, asset and property information, and debt documentation. If children are involved, any information pertaining to them is helpful as well as legal documents such as prenuptials or postnuptial agreements. Not all of this is necessary for the first meeting and our attorneys will make sure you are aware of the most important information that you must bring to the initial consultation upon scheduling it.

The duration of your divorce process will depend on whether the divorce is contested or not. For uncontested divorce, you can expect the process to take from 2 to 3 months or more. If your divorce is contested, it can take anywhere from 6 months to 2 years or more. In Arizona, there is a 60 day waiting period after the divorce petition is served so the process will take at least 60 days. The timeframe is influenced by child custody and support disputes, complicated property divisions, and court availability. A skilled attorney can give you a more solid estimate on how long your case will take based on specific circumstances.

Yes they can. However, if they disagree, this does not stop the divorce from moving forward. Arizona is a “no-fault” state which means that nobody has to prove any wrongdoing in order to get a divorce. The only thing that must be present is evidence that the marriage is “irretrievably broken”. If this is the case, contact our attorneys at AZ Family Law Lawyers to start filing for divorce. Or if you have been served papers, let our attorneys help you determine the best steps forward.

In Arizona, inheritance and gifts are treated as the receiver’s property. This is the case even if the gift was given during the marriage. However, Arizona is a community property state so any property or assets acquired during marriage will be seen as jointly owned. Or if you inherited money and deposited it into a joint bank account, that is used to pay for joint expenses, it will also be seen as joint property. If you receive an inheritance and are thinking about getting a divorce, it is wise to keep it separate and in your own name. Contact our attorneys for more information on how to keep possession of your inheritance or gifts while getting a divorce.

Your spouse has a right to contest the divorce, however if they choose not to sign the papers, this does not stop the divorce from moving forward. You do not need your spouse’s consent to get a divorce and as long as one party believes there is nothing you can do to save the marriage, the divorce can move forward in the court even without both parties signing for it. However, a divorce that is contested may take longer to move through the system. With a skilled attorney, you can be sure that it will move through as quickly as possible.

Arizona is a community property state so when it comes to joint bank accounts, they will likely be considered joint property and will be divided in the divorce. However, there may be fear that after the papers are given to your spouse, that they will drain the accounts immediately. To prevent this, you can freeze accounts. This must be done with both parties consent or through a court order. To make sure your joint accounts are handled appropriately, contact our attorneys!

Yes. There are certain aspects of a divorce decree that you can modify after the process is complete. It is possible to modify issues related to child custody, child support, alimony, and parenting time. However, when it comes to property and how it is divided, those decisions are final. So while you can modify some aspects, others you cannot. To understand if you can modify certain aspects of your divorce, reach out to our lawyers.

An uncontested divorce occurs when both spouses are on the same page about their divorce. They agree that they should divorce and they agree on the terms necessary to do so including the division of property, child custody, child support, and alimony amounts. Contested divorces in Arizona take longer to complete as they typically have more issues attached such as disagreements on who gets what property, who gets the children, how much time each parent should spend with them, and more.

Yes, prenuptial agreements can significantly affect a divorce. A valid prenuptial plays a role in who gets what property, how much alimony is required to be paid, how debts should be handled, among other things. A prenuptial can override Arizona law in many circumstances. However, when it comes to child custody, prenuptials will not affect the outcome as it will be determined based on what is in the child’s best interest.

In some cases, a spouse may try to hide certain assets to ensure they do not lose them in the divorce. This can lead to serious consequences for them. If evidence shows that hiding the assets was intentional, they could lose the assets altogether. They could be ordered to pay the legal fees of their spouse as well as pay fines or other penalties. It is essential that you and your spouse disclose all assets during the divorce proceeding for a smooth process without legal consequences.