My AZ Family Law Lawyers can help you with the legal process of a divorce.
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.
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.
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.
Contact our Phoenix Divorce Law Firm to discuss your case.
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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:
Division of marital assets, property and debts
Consideration of any pre-nuptial agreement
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:
High Net Worth Divorce
Alternative Dispute Resolution
PHOENIX DIVORCE LAWYERS FAQS
Frequently Asked Questions Regarding Divorce in Phoenix
Our Divorce and Family Attorneys in Phoenix discuss some of the most asked questions that happen during a divorce in Phoenix. Divorce can be very complex when dealing with issues as: Alimony, Child Support, Assets, Home(s), Businesses owned, 401Ks, and marital debt.
If you are considering getting divorced in Phoenix, AZ, reach out to our Phoenix Divorce Attorneys for a consultation. Our divorce attorneys have assisted many people in Phoenix and throughout Arizona with a dissolution of marriage. Also, please know both the information and the consultation are free of charge. Plus, the consultation is 100% confidential.
The term “50/50 state’ is often used interchangeably with “community property state.” Arizona is a community property state, so everything the couple acquires during the marriage will be split in a divorce. This does not just include assets, but debts as well. Assets and debts acquired during the marriage are separate property, unless they become commingled. Gifts and inheritance received by one spouse are also considered separate property.
There is a minimum waiting period of 60 days after the divorce petition has been filed before the divorce can be finalized. If you and your spouse don’t agree on all matters of property division, parenting time, and child and spousal support, your divorce will take longer than this 60 day period.
The divorce process starts when one spouse files a divorce petition with the court. That petition must be served on the other spouse, who has 20 days to respond to service of process. The spouses may also try to reach a divorce agreement outside of court, or go to mediation, before proceeding to trial.
The spouse who doesn’t file first will have a fair opportunity to object to the petition, so it shouldn’t really matter who files for divorce first. However, it does cost slightly more to be the one who files the petition- the court fees to file a petition are $349, but to respond to a petition are $274.
If you and your spouse are able to reach agreement on all issues, your divorce doesn’t need to go to trial. The spouses can negotiate with each other, through their attorneys, or use mediation as a means to reach an out-of-court divorce agreement.
If you don’t respond to a divorce petition in the allotted time frame, the court will grant a default judgment. This means that everything that your spouse requested in the petition will be granted. Some issues, like child custody and child support, may be non-modifiable for at least one year after the initial orders are issued. Property division orders, and some spousal support orders, are permanently non-modifiable. This means that if you fail to respond to the divorce petition, you will be stuck with the terms your spouse requested for at least one year, if not for life.
No fault divorce is one where neither spouse is being specifically blamed for the divorce, at least from a legal standpoint. “Irreconcilable differences” is the most common reason listed on divorce petitions. Unless you are in a covenant marriage, you don’t need a specific reason to file for divorce.
In an uncontested divorce, the respondent has no objections to the divorce petition. The couples should be able to draft an agreement on all divorce issues- child support, spousal maintenance, child custody, and property division- and submit it to the court without going to trial.
A contested divorce is one in which the respondent files an answer to the divorce petition disagreeing with at least one term in the petition. If the spouses are unable to reach a divorce agreement before a certain date, they will need to attend hearings in court to resolve the issues.
If you or your process server are unable to locate your spouse, you should petition the court for permission to serve your spouse by publication. This means you will publish a notice of the divorce in the newspaper, and then can proceed with the divorce as if your spouse had been personally handed the petition.
A covenant marriage is a special type of marriage that is only available in three states, Arizona being one of them. To enter a covenant marriage, you and your spouse must first complete premarital counseling and attach a special declaration to your marriage license application. A divorce will only be granted if certain factors are present, like infidelity, domestic violence, substance abuse, or incarceration.
If both parties agree on everything, they can sign a consent decree and bypass a trial altogether. Some spouses are able to do this on their own, but many people hire attorneys to negotiate and draft the petition for them. This agreement can be filed with the court and the divorce can be granted without the spouses going to trial.
As long as you meet the residency requirement of 90 days in Arizona, you can file divorce here regardless of the state in which your spouse resides. Your spouse will have 30 days (instead of 20) to respond to the divorce petition if they live out of state.
Both parents have a legal obligation to financially support all of their children. Arizona has child support guidelines that use the income of each parent, the number and ages of children, and the parenting time to determine how much support should be paid. The court will also look at other factors like special needs and expenses of the children, and whether each parent has dependents from separate relationships. You should contact a family law attorney to help you estimate how much child support is appropriate in your situation.
The court will look at many factors when determining whether spousal maintenance should be paid, like the duration of the marriage, the relative income of each spouse, the standard of living during the marriage, if one spouse sacrificed their career for the sake of the other spouse’s career or education, the physical and mental health of each spouse, the age of the spouses, and more.
You may want to consider a prenuptial agreement if there is a drastic difference in income between the spouses. However, many see signing a prenuptial agreement as bad luck for the marriage, and issues like child custody and child support can’t be mandated by a prenuptial agreement.
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: