Tempe, Arizona Divorce Attorneys

Tempe Divorce & Family Law

My Arizona Lawyers divorce and family law practice is composed of skilled divorce and family law attorneys dedicated to assertive and compassionate representation for people in Tempe and throughout Maricopa County, Arizona. Our divorce team knows domestic litigation.  Our Tempe Family Lawyers goal is to provide you with a personal approach tailored to meet your needs. We will listen to you, provide an objective assessment of your situation, and create a plan to resolve your case on favorable terms.
We are committed legal advisors dedicated to assisting our clients quickly reach favorable resolutions.  Additionally, our Tempe Lawyers have a commanding knowledge of Arizona family laws as well as local policies and procedures. 

CONTACT AN ARIZONA DIVORCE  ATTORNEY

Our family lawyers are skilled litigators who frequently maneuver through evidentiary hearings and trials.  Divorce can bring out the worst in your spouse, however it brings out the best in our experienced Tempe Divorce Attorneys.  The process of divorce impacts your financial future and your relationship with your children.  Trust these important things to our caring advocates.

DIVORCE AND ESTATE PLANNING

Updating Estate Planning After a Divorce

Changing your estate plan after a divorce is something that an experienced estate planning attorney can easily handle.  You should absolutely revise your will and estate planning after getting a divorce.  Your estate plan should be in accordance of your wishes. If you are going through a divorce in Tempe, a law firm that is skilled in all matters of divorce is a priority. AZ Family Law Lawyers offers experienced, trusted legal service. Call or contact us to schedule a free case evaluation and consultation to discuss your specific legal matters.

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CONTACT AN ARIZONA ESTATE PLANNING ATTORNEY

Should I update my Estate Planning after getting Divorced?
Yes, you should make sure to update your estate plan if you have recently divorced.  Failure to revise your estate plan could lead to unintended beneficiaries inheriting property or assets from you.  Problems may arise if you do not update your will.  For instance, if your will states that your assets go to you spouse; it may not be your intention to still do so after getting a divorce from that person.

Tempe Divorce Lawyers FAQs

Get real answers from our Tempe Divorce Attorneys. We are the professionals and have dealt with thousands of divorcing

couples in Tempe and throughout Arizona. Take a look at these frequently asked questions. If you have additional questions of your own, please contact our Tempe Divorce Attorneys and schedule a FREE consultation.

Divorce is the legal termination of a marriage, also known as a dissolution of marriage. When spouses divorce, all assets and debts must be split through a process known as property division, and the judge will decide if alimony payments are appropriate. If the couple has minor children, the divorce will also encompass matters of child support, legal decision making, and parenting time.

In both a divorce and a legal separation, issues like property division, spousal and child support, and child custody must be decided. However, when a couple legally separates, as opposed to divorcing, they can maintain insurance and social security benefits for each other. Should the couple choose to reunite, they won’t need to legally remarry.

As long as the respondent doesn’t fail to file an answer to the divorce petition, it shouldn’t matter in the long run who filed for divorce first.

Arizona is a no fault divorce state, so the most commonly cited cause of divorce here is “irreconcilable differences.”

If you are unable to locate your spouse for service of process, you will need to serve your spouse by publication. The first step will be to ask the court for permission for substituted service. You will then need to publish a notice of your divorce in the newspaper. Your spouse will have 30 days to respond to the service by publication, at which point the default process will begin.

During property division, it isn’t just assets that are split. Debts are assigned to each spouse, as well. The balance on the home will be another debt to consider during the divorce. The couple may need to sell the home as part of the divorce. The spouses may also want to consider speaking to a bankruptcy attorney before filing for divorce.

Custody consists of two parts- legal decision making and parenting time. You can still have legal decision making for your children while you are deployed in the military. Your parenting time schedule may need to be more creative to account for your deployment.

If you and your spouse are getting an uncontested divorce, your divorce can be finalized 60 days after your petition is filed. This is the mandatory minimum waiting period before a divorce can be granted in Arizona. It may take you far longer than that to finalize your divorce if you and your spouse disagree on how matters like child support, child custody, alimony, and property division should be settled.

Arizona is a no fault divorce state, meaning that marital misconduct like infidelity won’t have any impact on the divorce. There are a few exceptions, like if the spouses have signed a prenuptial or postnuptial agreement, or one spouse committed marital waste. If one spouse recklessly wastes money on an extramarital affair, drugs, gambling, etc., the other spouse can be credited for that amount during property division. You will need to prove your spouse was unfaithful if you are in a covenant marriage, a special type of marriage in which divorce can only be granted in limited circumstances. Less than 1% of marriages in Arizona are covenant marriages.

This can depend on many things, like how much equity is in the house, if there are sufficient other assets to award the spouse who doesn’t receive the house, and if one spouse will be the primary custodian of the couple’s children. One spouse may be awarded vehicles, marital bank accounts, investments, and other assets to make up for the share in the house.

Courts stay out of dog custody litigation, but you and your spouse can still agree to a custody schedule for any shared pets. You can include who will be responsible for food, medical, grooming, and other expenses in this agreement.

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Divorce records are public information. You can petition the court to seal your divorce record. If you settle out of court, or use mediation, these agreements can be sealed as well.
It doesn’t matter if you were married in a state other than Arizona. If you have lived in Tempe, Arizona, for at least 90 days, you have met the residency requirement to file for divorce here. However, a child must reside in Arizona for at least 6 months before there is proper jurisdiction for matters of child support and child custody.
The spouse will look at many factors when determining if there should be spousal support payments, like each spouse’s income, the standard of living during the marriage, each spouse’s age and condition, the length of the marriage, if one spouse sacrificed their career for the sake of the other spouse’s, how long it would take for one spouse to get the training to be financially self-sufficient, and if one spouse will be the primary caregiver of the spouses’ shared children.

The Tempe Family Law Firm of My Arizona Lawyers, PLLC, represents clients in Maricopa County on a broad range of contested divorce issues including: 

  • Legal Discovery to obtain financial information from the other party.
  • Contempt and enforcement to compel compliance with court orders.
  • Orders for exclusive possession of the family residence.
  • Navigating Pre-Nuptial Agreements.
  • Orders for health insurance coverage.
  • Protection Orders from abuse and stalking, domestic violence & restraining orders.
  • Updating Your Will and Estate Plans.

ESTATE PLANNING and DIVORCE in TEMPE

Beneficiary Designations during a Divorce
One of the many things that an experienced Arizona divorce attorney should address with you when divorcing is confirming that the beneficiary designations are as you want them.  This should include your designated beneficiaries on your accounts, your insurance policies, and other common estate planning things. A few things to consider is contacting your human resources department at work to assure that your employee benefits are properly updated in alignment with the divorce.  Another benefit to consider when changing your estate plan after a divorce is to adjust the beneficiary on your life insurance policies.  These are all easy fixes for an experienced Arizona Estate Planning Attorney.

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CONTACT AN ARIZONA ESTATE PLANNING ATTORNEY

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