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Tempe Family Law Attorney
My AZ Family Law Lawyers are experienced family law attorneys dedicated to protecting your family and what’s important to you. Our team of professionals offer legal assistance for families facing family law issues such as divorce, child custody, child support, parenting time, and spousal support.
Tempe, Arizona Family Law FAQ’s
When it comes to family, expert legal representation is a priority. Experience matters. Consult with My AZ Family Law Lawyers to get answers and options specific for your family law legal matter.
How Long Does it Take to get divorced in Arizona?
Your divorce will take at least 60 days, as that is the mandatory waiting period after the petition is filed before the divorce can be granted. If your divorce is contested, it could take weeks, if not months or years, longer than that.
How Long does a person have to live in Arizona before filing for divorce?
The length of time a person must live in Arizona before qualifying to file divorce here is known as a residency requirement. The residency requirement to file a divorce without children in Arizona is 90 days. A child must have resided in the state for 6 months or more before Arizona will have jurisdiction over child support and custody matters.
Who Serves My Spouse with the initial paperwork in a divorce in Arizona?
You can either have a deputy sheriff or a process server serve your spouse with the initial divorce petition to begin the divorce process. Your spouse will have 20 days to respond if they live in Arizona, and 30 days if they live out of state.
Do I have to go to court in order to get divorced in Arizona?
If you and your spouse are able to agree on all issues, you can get divorced without ever going to trial. You and your spouse may submit the divorce petition along with a consent decree to negate the need to go to trial. Many divorcing couples also turn to mediation as a way to achieve a divorce settlement without ever setting foot in a courtroom.
How is Child Support Determined in Tempe, Arizona?
Arizona provides child support calculators that give an estimated range of payments based on income and parenting time. Other factors that will go into determining child support include special needs of the child, if the parents have dependents from separate relationships, the child’s standard of living before the divorce, and the paying parent’s ability to pay.
Will I get Alimony or Spousal Support when divorcing in Tempe, Arizona?
The judge will look at many factors when deciding whether or not to award alimony, otherwise known as spousal support or spousal maintenance. Some of these factors include the standard of living during the marriage, the length of the marriage, each spouse’s income, whether one spouse stayed home to take care of the house and kids so the other spouse could advance their career and education, if one spouse will be the primary caregiver to shared children, the age and physical and mental condition of both spouses, and how long training for a career would take either spouse.
Is Arizona a 50-50 State when it comes to Child Support?
Child support is calculated so that the child will have a relatively similar lifestyle at each parent’s household, but this is not the sole determinant in child support. A family law attorney may be able to provide you with an estimate of how much child support you will need to pay if you have both parents’ income information available.
How Will the Court Divide Property if getting a divorce in Tempe, AZ?
The court will divide property according to community property laws. Everything incurred during the marriage- assets and debts- will be split as evenly as possible between the spouses upon divorce. Only property owned before the marriage, gifts, and inheritance will be considered separate property. The spouses may need to trace back separate property that becomes commingled.
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Do I Need an Attorney for my Tempe, Arizona Family Law Needs?
If your marriage was of short duration, few assets and debts were acquired during the marriage, and you don’t have minor children, you may be able to get away with not hiring an attorney for an uncontested divorce. If the divorce is contested, or any of these factors are present, it is probably best to retain an attorney. Assigning community contributions to retirement accounts and tracing back commingled assets. An attorney can make sure your settlement agreement is drafted to properly reflect your wishes.
Do I Need an Attorney for my Tempe, Arizona Can a Parent withhold parenting time if another spouse hasn’t paid child support? Law Needs?
No. Parenting time and child support are two separate issues. There are plenty of means of recourse if one spouse fails to make child support payments. Wage garnishments, property liens and license suspensions can all be used to force a parent who is in arrears on child support to pay their past-due balance.
At what age can a child decide which parent to live with?
You can either have a deputy sheriff or a process server serve your spouse with the initial divorce petition to begin the divorce process. Your spouse will have 20 days to respond if they live in Arizona, and 30 days if they live out of state.
What is a Parenting Plan and Do I need One?
A parenting plan is a schedule of how your child will spend time with each parent. Having a court-ordered parenting plan will help ensure that you and the other parent spend a fair amount of time with the child, and that the child has a stable and reliable schedule. It will also be used to determine how much child support should be paid.
Can a Judge Order Supervised Parenting or No Visitation?
A judge may order supervised, limited, or no visitation at all if it is in the best interests of the child. If there are allegations of domestic violence, other types of abuse, a drug and alcohol dependency, or other issues that could affect the child’s well-being, the judge may restrict that parent’s visitation in one of the ways listed above.
What is a Contested Divorce?
In a contested divorce, the spouses disagree about how matters like property division, child support, child custody, and alimony should be resolved. If the spouses are unable to reach an agreement, the case will proceed to trial, and a judge will decide how each issue will be resolved.
What is an Uncontested Divorce?
An uncontested divorce is one in which the spouses agree on all issues. The spouses may collaboratively work on the divorce petition and the respondent spouse can simply not respond once it is served. Or, the spouses can sign a consent decree and submit the petition to the court, who can then issue the divorce.
What is a Preliminary Injunction?
A preliminary injunction can be issued when the divorce petition is filed. This will prevent either spouse from selling, gifting, or disposing of community property assets during the divorce. A preliminary injunction can also prohibit certain conduct between the spouses during the divorce, and outline how custody should be handled in the interim.
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