Phoenix Divorce Lawyers
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Experienced Phoenix Divorce Attorneys
Phoenix Divorce Lawyers
Divorce and Family Attorneys in Phoenix
Our experienced Phoenix divorce lawyers do understand that divorce is an emotional, sometimes painful process. Divorce, however, is also a legal process, and to help you make informed legal decisions and to prepare you for your divorce, you need to call My AZ Family Law Lawyers.
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In addition, when filing for divorce in Phoenix it is important to realize that Arizona rules and statutes of divorce must be followed. Therefore, our firm’s professionals will assist you through the entire process. Our attorneys will protect your rights, help you to explore your options, and advise you to reach a conclusion that is best for you and your family.
Contact our Phoenix Divorce Law Firm to Discuss Your Case
Because we have successfully served clients in Phoenix, we know that each divorce case is different. Also, every couple and their needs are different. We will also help you through those complex issues that are likely to arise: spousal maintenance, child support, child custody, parenting time, and property division. Furthermore, our attorneys know the law; they are experts in Phoenix Divorce law. Our team dedicate themselves to a civil negotiation on your behalf, yet will be prepared and capable of representing and defending you in court, if it is necessary.
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Phoenix Divorce Lawyers
Family Law Attorneys in Phoenix, AZ
There are many diverse issues that need to be resolved during a divorce. Hence, it is not only the dissolution of a marriage; it is also the break-up of a financial partnership. Additionally, a divorce agreement must address the following issues:
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Division of marital assets, property and debts
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Consideration of any pre-nuptial agreement
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Child custody and visitation
Every divorce proceeding is unique to the situation of the parties involved. In many divorces and family law issues, there are special considerations and different options that must be taken into account when going through a divorce or separation, such as:
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High Net Worth Divorce
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Mediation
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Alternative Dispute Resolution
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Legal Separation
Phoenix Divorce Attorneys Answer FAQs
What is a divorce in Phoenix, Arizona?
What is a no-fault divorce in Phoenix, Arizona?
Can I File for Divorce in Phoenix, Arizona?
What is a legal separation in Phoenix, AZ?
What are prenuptial agreements?
What are the requirements for filing for divorce in Phoenix, Arizona?
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In Arizona, one of the parties must have lived in the county of filing for at least 90 days before filing and for 6 months with children if there are children involved.
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Grounds for Filing. Please keep in mind that Arizona is a no-fault state. A no-fault state when it comes to divorce means as long as one spouse avows there are irreconcilable differences and no prospect of reconciliation, the marriage can be terminated.
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The Petitioner is the person filing the divorce action, and the Respondent is the other spouse.
Experienced Phoenix Divorce Attorneys with Years of Experience with Maricopa County Divorce Cases
The Phoenix Divorce Lawyers at AZ Family Law Lawyers have successfully handled numerous issues and types of divorce cases in Maricopa County and throughout Arizona.
Types of Family Law Cases we have handled in Phoenix
Annulments
Common Law Marriage Divorces
Child custody issues
Child support issues
Contested Divorces
Uncontested Divorces
Temporary Orders Hearings
Spousal Support or Alimony
Domestic Violence Allegations
Restraining Orders and Orders of Protection
Legal separations
Pre-nuptial agreements
Post-nuptial agreements
High-net-worth couples
Estate Planning
Wills and Trusts
Best Phoenix Divorce Attorneys
It takes a diversity of skills to successfully find a solution to a Phoenix divorce. You need the Best Phoenix divorce attorneys on your side. Our experienced Phoenix family lawyers are knowledgeable and dedicated in all of the areas covered in a divorce in order to ensure that you receive a satisfactory divorce agreement.
Lastly, if you have children, dealing with custody and financial arrangements for your children will be the most important aspect of your divorce in Phoenix, Maricopa County, Arizona. Among other issues, your divorce agreement will have to address your children’s:
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Medical insurance
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Religious school and training (if necessary)
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Educational expenses
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Extracurricular activities
“No Fault” Divorce in Phoenix
Arizona is a “no-fault” divorce state, and in Phoenix, the grounds for divorce is an “irretrievable breakdown” of the marriage. This means that there is no possibility of reconciliation between spouses. Infidelity or other wrongdoings are not even considered factors when it comes to dividing marital assets or determining spousal support.
The divorce laws in Arizona do have specific residency requirements. At least one spouse must have lived in Arizona for at least 90 days prior to filing for divorce. Generally, these laws protect property that was owned by a spouse prior to being married from being divided in divorce.
Understanding QDROs in your Phoenix Divorce: Your Essential Guide
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Divorce proceedings often involve the division of assets, including retirement accounts and pensions. One crucial aspect of this division is the Qualified Domestic Relations Order (QDRO). In Arizona, understanding the intricacies of a QDRO and its implications is essential for ensuring a fair distribution of retirement benefits. In this blog, we’ll delve into what a QDRO is, why it’s necessary, who pays for it in a divorce in Arizona, and why seeking the expertise of Arizona Family Lawyers is advisable for navigating this complex legal process.
What is a QDRO?
A Qualified Domestic Relations Order (QDRO) is a court order that grants an alternate payee (typically the non-employee spouse) the right to receive a portion of the retirement benefits earned by the employee spouse during the marriage. It is essential for dividing retirement accounts such as 401(k)s, pensions, and other qualified plans in divorce proceedings.
Why is a QDRO Necessary in a Phoenix Divorce?
A QDRO is necessary because retirement accounts are typically considered marital property subject to division in a divorce. Without a QDRO, the non-employee spouse may not have access to their fair share of the retirement benefits earned during the marriage. A QDRO ensures that both parties receive their respective portions of the retirement assets as determined by the court.
Functions of a QDRO in a Phoenix Divorce:
- Asset Division: A QDRO facilitates the division of retirement assets accumulated during the marriage, ensuring equitable distribution between spouses.
- Plan Administration: It provides instructions to the retirement plan administrator on how to divide and distribute the benefits to the non-employee spouse.
- Tax Implications: A QDRO can address tax implications associated with the distribution of retirement benefits, including potential tax consequences for both parties.
- Enforcement: It establishes the legal authority for the retirement plan administrator to comply with the court’s order regarding the division of retirement benefits.
Who Benefits from a QDRO?
Both parties in a divorce can benefit from a QDRO. The employee spouse retains their portion of the retirement benefits earned during the marriage, while the non-employee spouse gains access to their fair share of these assets, providing financial security post-divorce.
Goal of a QDRO in a Phoenix Divorce:
The primary goal of a QDRO is to ensure a fair and equitable division of retirement assets between divorcing spouses. By delineating the rights and responsibilities of each party regarding the division of retirement benefits, a QDRO helps avoid disputes and facilitates a smooth transition post-divorce.
Who Pays for a QDRO in a Phoenix Divorce in Arizona?
In Arizona, the cost of preparing and administering a QDRO is typically borne by the parties involved in the divorce. However, the court may allocate these costs between the parties as part of the divorce settlement or decree.
Why Seek Legal Assistance for a QDRO?
While it’s possible to draft a QDRO without legal assistance, the process can be complex and fraught with potential pitfalls. Mistakes in drafting or administering a QDRO can lead to delays, disputes, and even loss of retirement benefits. Therefore, it’s highly advisable to enlist the expertise of experienced Arizona Family Lawyers who specialize in QDROs.
A Qualified Domestic Relations Order (QDRO) plays a crucial role in the division of retirement assets during divorce proceedings in Arizona. By ensuring a fair and equitable distribution of retirement benefits, a QDRO promotes financial stability for both parties post-divorce. However, navigating the complexities of a QDRO requires the guidance of knowledgeable legal professionals. If you’re facing the prospect of dividing retirement assets in a divorce, don’t hesitate to seek the assistance of Arizona Family Lawyers. With their experience and expertise in QDROs, they can provide invaluable support and guidance throughout the process, ensuring your rights are protected and your financial future is secure.
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