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Experienced Divorce Lawyers in Arizona

Divorce is never easy, but you don’t have to go through it alone. Having experienced and compassionate legal representation can help make the process smoother for you and your family. Our team combines proven legal strategies with tailored solutions to ensure you receive your fair share of assets and custody arrangements. We are committed to putting your needs first and honoring the trust you place in us every step of the way.

Our Arizona Divorce Services Include:

Our divorce services extend to additional support you may need, both during your case and as circumstances change over time. This includes handling temporary court orders, modifying spousal maintenance, mediation, and adjusting child custody arrangements. With our extensive experience and proven success in Arizona divorce cases, we are committed to protecting your family and helping you achieve the best possible outcome.

Planning for Divorce in Arizona – A Free Guide

Of course, planning will not make the prospect of separating from your spouse any less emotional, but it can help you make informed decisions throughout the divorce process. Proper planning can ensure you successfully complete the requirements necessary to obtain your divorce with minimal roadblocks. Download our extensive divorce planning guide to help guide your decision making during this difficult time.

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DIVORCE LAW IN ARIZONA

Divorce terminates the contract of marriage. At that point, both parties are in a position to seek custody of their children in addition to seeking assets, etc. It also means that each party is free to seek a relationship and marriage contract with someone new. The emotion is unquestionable but parties are often filled with questions and anxiety. That’s when it’s time to turn to a trusted Arizona divorce attorney. If you’re thinking about or need to take action regarding divorce, then prepare yourself with the wisdom to get the best outcome.

In Arizona, there are several types of divorce and divorce-related services that individuals may encounter.

Here’s a comprehensive list:

Types of Divorce:

Contested Divorce

A divorce in which the spouses cannot agree on key issues like child custody, support, alimony, or property division, and the court must resolve these disputes.

Learn more about Contested Divorce in Arizona.

Uncontested Divorce

A divorce where both spouses agree on all major issues, allowing the process to move forward without court intervention.

No-Fault Divorce

Arizona is a no-fault divorce state, meaning neither party needs to prove wrongdoing by the other spouse to get a divorce. The most common ground is irretrievable breakdown of the marriage.

Fault-Based Divorce (Covenant Marriage)

In cases of covenant marriages, Arizona allows divorce for specific reasons such as adultery, abandonment, or abuse.

Covenant Marriage Divorce

A special type of marriage recognized in Arizona that requires counseling and stricter grounds for divorce compared to a standard marriage.

Default Divorce

Occurs when one spouse files for divorce and the other spouse does not respond within the allotted time, allowing the filing spouse to proceed with the divorce without the other’s input.

Summary Divorce (Simplified Divorce)

A streamlined divorce process available for couples with no children and limited assets, where both spouses agree to the divorce terms.

Mediated Divorce

Involves a neutral third-party mediator who helps both parties negotiate and resolve issues amicably without going to court.

Collaborative Divorce

Both parties agree to work together with their attorneys and other professionals to resolve their issues outside of court in a cooperative manner.

Legal Separation

A legal status in which a couple remains married but lives separately, with court-ordered decisions regarding property, custody, and support, but without the finality of divorce

Annulment

A legal process that declares the marriage null and void as if it never happened, based on specific grounds such as fraud, coercion, or incapacity.

Military Divorce

Special considerations and rules apply for service members or their spouses, including residency requirements and the division of military benefits.

Learn more about Military Divorce in Arizona.

High Net Worth Divorce

Divorces involving significant assets, requiring detailed financial analysis and expert assistance to ensure fair division of property, businesses, investments, and other high-value assets.

Learn More About High Asset Divorce Services

Divorce by Publication

Occurs when one spouse cannot locate the other, and after diligent efforts to serve them have failed, notice is given through public announcement in a newspaper.

International Divorce

A divorce involving parties in different countries, which may require addressing complex jurisdictional issues and the enforcement of foreign divorce decrees.

WE SPECIALIZE IN HIGH ASSET DIVORCES IN AZ

Particular careers (engineer, doctor, entertainer, etc.) provide earners with a healthy bank account. And, when an earner is dealing with divorce, their accumulation of wealth becomes an undeniable facet of the case. Special consideration is warranted due to the amount of money at stake.

In such circumstances, a high-asset divorce lawyer is not only vindicated, but absolutely necessary to protect your assets. In addition to our years of experience focused on high asset divorce cases, we supplement our resources by partnering with experts in the financial field (forensic accountants, QDRO specialists, CPAs, etc.)

A high asset divorce can be a lot more emotional and ultimately impactful since a client can feel as if their emotional/romantic life is changing along with their means to maintain and improve their lifestyle (as well as that of family members). We’ve made a professional commitment in specializing in high asset divorce cases as well as pledging an allegiance to you as our client that we will use our full understanding of the law and extensive resources to maintain your assets and livelihood.

Additional Divorce Services:

Child Custody and Parenting Time Arrangements

Determining the legal and physical custody of children and setting up a parenting time schedule for both parents.

Learn More About our Child Custody Services

Child Support Calculation and Enforcement

Calculating the appropriate amount of child support based on Arizona’s guidelines and assisting with the enforcement of payments.

Learn More About our Child Support Services

Spousal Maintenance (Alimony)

Determining whether spousal support is necessary, how much it should be, and how long it should last.

Learn More About our Spousal Maintenance Services

Property Division

Arizona is a community property state, meaning all assets acquired during the marriage must be divided equitably. This includes real estate, bank accounts, retirement accounts, and more.

Learn More About our Property and Debt Division Services

Debt Division

Division of marital debts, such as mortgages, credit card balances, and loans, as part of the divorce settlement.

Prenuptial and Postnuptial Agreement Review and Enforcement

Reviewing, drafting, or enforcing prenuptial or postnuptial agreements to determine how assets and debts will be divided upon divorce.

Learn More About our Marital Agreement Services

Temporary Orders (for Child Custody, Support, and Maintenance)

Seeking temporary court orders to address issues like child custody, support, and spousal maintenance during the divorce process.

Divorce Mediation Services

Providing mediation services to help spouses reach agreements on key issues without going to court.

Learn More About our Divorce Mediation Services

Collaborative Divorce Facilitation

Assisting couples in a collaborative divorce setting, involving a team of professionals to resolve issues without litigation.

Learn More About our Collaborative Divorce Services

Divorce Litigation

Representing clients in court when disputes cannot be resolved through negotiation or mediation

Modification of Divorce Decrees

Modifying existing divorce agreements related to child custody, support, or spousal maintenance due to changes in circumstances.

Learn More About our Appeals Services

Enforcement of Divorce Decrees

Taking legal action to enforce the terms of a divorce decree, such as unpaid spousal or child support, or failure to comply with property division orders.

Learn More About our Order Enforcement Services

Parental Relocation

Handling legal matters when one parent seeks to move a significant distance with the children, requiring court approval in many cases.

Learn More About our Child Custody Relocation Services

Paternity Determination

Establishing legal paternity when necessary to determine child custody or support obligations.

Learn More About our Paternity Services

Grandparent Visitation Rights

Representing grandparents who seek visitation rights with their grandchildren after a divorce or separation.

Learn More About our Grandparents Rights Services

Domestic Violence Protection Orders

Assisting victims of domestic violence in obtaining orders of protection or restraining orders during or after divorce proceedings.

Learn More About our Orders of Protection Services

Alternative Dispute Resolution (ADR)

Offering arbitration or alternative methods to resolve disputes without going to trial.

Divorce Planning and Strategy Consultations

Helping individuals plan for divorce, including gathering documentation, assessing financial impacts, and strategizing for the best possible outcome.

Learn More About our Family Law Consultations

These types of divorces and services reflect the variety of legal processes available to couples going through a divorce in Arizona. Each situation is unique, and having the right legal guidance is crucial to navigating these complex processes.

ARIZONA DIVORCE LAW FAQS

What Are The Grounds For Getting A Divorce In Arizona?

In Arizona, you may obtain a divorce on the grounds of incompatibility, which means the marriage is no longer working and cannot be saved. You can also get a divorce based on certain aggravating factors like adultery, domestic violence, felony conviction of either spouse or one spouse having abandoned the other for at least one year prior to filing. Additionally, mental illness or incapacity that has existed continuously for at least three years prior to filing is also grounds for divorce in Arizona.

When Can I File for Divorce?

You or your spouse must have lived in Arizona for at least 90 days.

What Documents Do I Need To Provide When Filing For Divorce In Arizona?

When filing for divorce in Arizona, you will need to provide several documents. These documents include a Petition for Dissolution of Marriage, a Financial Affidavit, and an Information Form. You may also be asked to provide other forms such as an Affidavit of Service or Summons, an Acceptance of Service and Waiver, or any other relevant paperwork depending on your particular circumstances.

How Do I File for Divorce in AZ?

In order to file for divorce in Arizona, you will need to fill out a Petition for Dissolution of Marriage form, which can be obtained from your county’s superior court clerk. You must then submit this form with the appropriate filing fee to the court clerk in your county. If you are unable to complete the form yourself, you may hire an attorney to assist you with the process. Once filed, your court hearing will be scheduled and both parties must appear in court on that date.

Am I Required to Hire an Attorney to Get a Divorce in Arizona?

No, you’re not required to do so. However, you want the best possible outcome, especially regarding your children and built assets. Moreover, this is an undeniably emotional time. It greatly improves your situation to have someone on your side with rich experience in Arizona divorce law.

How Long Does A Divorce Take to Complete in the State of Arizona?

The length of time it takes to complete a divorce in Arizona depends on several factors, such as the complexity of the issues being disputed, how quickly documents are exchanged between the parties, and whether both sides are willing to cooperate in reaching an agreement. Generally, divorces in Arizona take anywhere from one month to one year to finalize.

What is Required to Get a Divorce in Arizona?

In order to get a divorce in Arizona, one or both parties must have been an Arizona resident for at least 90 days prior to filing the petition for dissolution of marriage. Additionally, two people must be legally married and not separated. Proper documentation, including identification and proof of residency, must be provided along with the dissolution papers. Once the divorce papers are filed with the court, each spouse must wait at least 60 days before the divorce can be finalized.

How Much Does it Cost to File for Divorce in Arizona?

The cost to file for divorce in Arizona will vary depending on the county where the papers are filed. Generally, filing fees can range from $276 to $352 and additional court costs may also be required. Aside from the filing fee, legal representation will also add on to the total cost of a divorce in Arizona and can range from $15,000 to $100,000, depending on who you hire and the specifics of your case.

Are There Any Residency Requirements Before I Can File for Divorce in Arizona?

Yes, before you can file for divorce in Arizona there are specific residency requirements that must be met. You or your spouse must have lived in the state of Arizona for at least 90 days prior to filing for divorce. In addition, one of the spouses involved must be a resident of the county where the petition is filed.

Is Mediation or Counseling a Requirement Before Getting Divorced in Arizona?

No, mediation or counseling is not a requirement before getting divorced in Arizona. However, many couples choose to participate in these forms of dispute resolution as part of the divorce process in order to try to reach an agreement outside of court. Additionally, some counties may require mediation or counseling if there are children involved in the divorce proceedings.

Can I Get an Annulment Instead of a Divorce in the State of Arizona?

Yes, it is possible to get an annulment in the state of Arizona instead of a divorce. An annulment is a legal declaration that the marriage never existed and is granted on the basis of fraud, duress or incapacity. Additionally, if the marriage was void from the beginning due to bigamy, incest or one person being under 18 years old at time of marriage, then an annulment is also possible. To obtain an annulment in the state of Arizona, you must contact your county court for further assistance.

Are There Any Alimony Provisions Under Arizona Law?

Yes, alimony provisions (otherwise known as spousal maintenance provisions) are available under Arizona law. As part of the divorce decree, the court may order either spouse to pay alimony to the other spouse for the purpose of providing financial support. The court considers a variety of factors in deciding an appropriate amount and duration of alimony, such as the length of marriage, each spouse’s health status and earning potential. In Arizona, permanent alimony is rare and usually only granted when there is a long-term marriage with significant earnings disparity between spouses.

What’s the Difference Between Uncontested and Contested Divorces in AZ?

The difference between an uncontested and contested divorce in Arizona is in the way the divorce is handled in court. An uncontested divorce occurs when both parties agree on issues such as custody, alimony, division of assets and other financial matters. It typically does not require a trial and can be completed more quickly than a contested divorce. A contested divorce involves one or more issues that cannot be agreed upon by the spouses, which require a trial to determine the outcome. This type of divorce usually takes longer to complete than an uncontested one.

What’s the Difference Between Divorce and Legal Separation?

In a divorce, both parties are legally ending the marriage and all associated legal rights. However, in a legal separation, the parties are still legally married but living separate and apart from each other. This can allow for certain benefits such as health insurance coverage or access to certain tax benefits which would not be available if the couple were to officially divorce. Additionally, a legal separation may be ideal for couples who are unsure about whether they want to stay married or not.

Should I Get a Legal Separation or Divorce?

This is a personal decision that should be made carefully with consideration of legal and financial implications. Before making any decisions, it’s best to consult a lawyer or family therapist to discuss your unique situation so you can make an informed decision.

What is the Difference Between Legal and Physical Child Custody?

Legal custody refers to a parent’s right to make decisions about their child’s upbringing, such as religious practice and education. Physical custody, on the other hand, is when the child resides with one parent or the other. In some cases, the court might award both legal and physical custody to one parent while granting visitation rights to the other.

What is a High Net Worth Asset Divorce in Arizona?

In Arizona, a high net worth asset divorce involves couples who have significant or complicated assets such as businesses, investments, and real estate. A high net worth asset divorce requires additional legal guidance to ensure that the assets are properly divided according to the state’s laws.

How is Property and Debt Division Handled in a Divorce in Arizona?

In Arizona, the division of property and debt in a divorce is handled by the court according to the state’s community property laws. The court will take into account any prenuptial agreements and Marital Settlement Agreements when making decisions about which assets and debts each spouse is entitled to receive. Any assets that are considered jointly owned must be split equitably between both parties. If there are any disputes regarding ownership or valuation, the court may order an appraisal or other investigation to make sure that a fair outcome is reached.

What Rights do Same-Sex Couples Have in Arizona During a Divorce?

Same-sex couples are entitled to the same civil rights as heterosexual couples during a divorce proceeding in Arizona. This includes the right to legal representation, joint property rights and obligations, and financial support from one spouse to the other. The court will also consider issues such as child custody, visitation rights and spousal maintenance when determining a divorce settlement.

What is the Process for Enforcement of Divorce Court Orders in Arizona?

In Arizona, if one spouse does not comply with the court orders set forth in the divorce decree, then the other spouse has a few options for enforcement. They can file a Motion to Enforce court order and request a hearing, or they can take action on their own accord by garnishing wages, filing liens on property, or initiating contempt of court proceedings. A qualified family law attorney can help determine which option is best based on the situation.

What Are the Requirements for Qualified Domestic Relations Orders in Arizona?

A Qualified Domestic Relations Order (QDRO) is a legal document that allows for the division of retirement assets between two parties in a divorce in AZ. The requirements for creating and filing a QDRO include providing proof of marriage and divorce, identifying the nature of the financial interest in the asset and how it will be divided, calculating the value or amount subject to division, and providing tax information related to both parties.

Is an Annulment the Same thing as Divorce in Arizona?

In a divorce case, an Arizona court will enter a judgment that makes each party legally single and divides the parties’ debts and assets. The court may also issue orders for child custody and support and, in some cases, award alimony.

Unlike a divorce, an annulment in Arizona renders the marriage invalid as if it had never occurred.

What Is Common Law Marriage as Recognized by Arizona Law?

To establish a common law marriage with your partner, you must enter into a committed relationship with the intent to marry. Additionally, you and your partner must live together for a significant period of time—although there are no rules regarding the actual amount of time required—before you are considered legally married.

How Does Arizona Define a Covenant Marriage?

Arizona recognizes two types of marriages: covenant and non-covenant. However, covenant marriages were not recognized in the state until they were codified by statute and became law on August 21, 1998. A covenant marriage requires more premarital preparation than a non-covenant marriage.

If a couple decides to divorce later, there are restrictions; however, if both parties agree to end their marriage in a non-covenant marriage setting, they can do so without cause.

When Can I File for Divorce in Arizona?

To file for divorce in Arizona, you or your spouse must reside in the state for at least 90 days prior to filing. If one spouse is a resident of Arizona who meets the criteria set forth by the Servicemembers Civil Relief Act (SCRA) and was stationed in Arizona before moving there with the intention of becoming a permanent resident, then the military presence must have been maintained for 90 days before the petition is filed.

Can I Make My Spouse Pay for My Divorce in Arizona?

In some cases, the court has discretion over whether to award attorneys’ fees against a party. In other cases, the court must award attorneys’ fees against a party if certain conditions are met. Those conditions include when a petition wasn’t filed in good faith or wasn’t grounded in fact or law and if it was filed with an improper purpose, such as to delay or simply increase the cost of litigation or if a party maintains an unreasonable position. If there is a great difference in the parties’ incomes, attorneys’ fees will also be awarded.

Are Arizona Divorce Attorney Fees Tax Deductible?

To date, the Internal Revenue Service has accepted as a tax deduction only those fees which have been shown to have been incurred to produce or collect gross income. However, there is one loophole. The Internal Revenue Code allows that fees paid to a divorce attorney in the production or collection of gross income are tax deductible. Yet, not all, or even most, of the fees you’ve paid will qualify under this deduction.

What Is a Contested Divorce in Arizona?

Divorce proceedings in Arizona are considered contested when both parties can not agree on one or more key issues necessary to terminate their marriage. In such cases, the court will mediate a settlement of those issues, which can often be contentious and emotional.

Am I Required to Hire an Attorney for Arizona Divorce?

It is highly advisable to retain an attorney and begin divorce proceedings as early in the process as possible. However, doing so is not mandatory.

Are Mediation Services Available in Arizona?

All Arizona divorce matters, including property distribution, spousal maintenance, and parenting time and child custody, can be resolved through mediation.

What Is the Purpose of a Separation Agreement in Arizona?

A separation agreement is a contract between a married couple that clarifies their intentions for their future. The agreement allows couples to negotiate potential areas of disagreement, such as support, division of assets, or debt, in a fair and informal manner.

What Is a Collaborative Divorce in Arizona?

In a collaborative divorce, each party retains attorneys who have a non-adversarial approach to dispute resolution. The parties work together with their attorneys in a structured mediation process towards an agreed resolution that is court-certified.

Contact us today for a free consultation.

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Reviews

Wonderful experience knowledge and responsive. Elda and Jonathan were helpful and responsive to all my questions and concerns . I was going to so much stress Elda was great responding to my emails it never took more than 24 hours to get a respond from her. I highly recommend Elda and Jonathan to all my friends and family.

Thank you Jon for helping me with my case and making me feel comfortable during the proceedings. I appreciate the guidance you provided and legal recommendations so that I could result in the best possible outcome for my situation. I would have been very lost without your help!

Katie is great along with entire team! Very professional and great at what they do. Highly recommend for child custody. I did a lot of research for the right law firm and happy/confident I chose this firm!

Simply put, Ryan is outstanding! ! I’ve used his services exclusively for the last 6+ years on multiple custody and visitation cases. After having gone through three less than transparent attorneys before Ryan, it was incredibly refreshing when I found him. He’s courteous, responsive and the utmost professional. Best of all, I feel that I can trust his advice explicitly. A true rarity in this industry! Bottom line: I wouldn’t consider even having a conversation with another attorney!

Ryan did a good job especially considering I didn't have an attorney most of my divorce. I would recommend him, but get him onboard at the beginning not the end.

The experience and information that was given to me was of great value. Very professional and with a personal touch. I greatly appreciate all their help. Thank you

Top Rated Divorce Lawyers in Arizona