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Experienced Divorce Lawyers in Arizona
Divorce is a difficult step, but you are not alone in this. Having informed and compassionate legal representation will make the process go more smoothly for you and your family. Utilizing time-tested methodology alongside creative and customized legislative strategy, we ensure that you get your fair share of assets and custody. Our pledge is to always put you and your needs first, honoring the trust that you place in us.
Our divorce legal management services also include ancillary services that may be needed to supplement your case or modify your arrangement as time goes on. These may include temporary court orders, modification to spousal maintenance payments, mediation, or child custody arrangements. With our experience and track record of success in Arizona divorce suits, we do whatever it takes to secure your family and achieve your goals.
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.
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.
A divorce in Arizona can be either contested or uncontested. When a divorce is contested, parties proceed through all phases of litigation, including a trial before an Arizona judge. Generally, an uncontested divorce involves little to no outside legal counsel or advice.
A divorce is a separation of two people as well as their built or shared assets. It may be undisputedly agreed that you’d like to separate. But, you may not totally agree on how assets should be divided or how you should share time with the children. Therefore, a contested divorce exists. When a divorce is contested, parties proceed through all phases of litigation, including a trial before an Arizona judge.
DEFAULT DIVORCE IN ARIZONA
Default divorces are prevalent in Arizona. For a variety of reasons, one party may refrain from acting upon the other filing for a divorce. If this should happen, one party could move for a default hearing. If all proper paperwork is brought to the hearing, and the motion is granted, then the divorce process moves on via paperwork. Once the court reviews all documents, the default divorce is ordered and the final decree is mailed to both parties.
AZ DIVORCE 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.
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