Why you need us?

While it is true that there are many types of lawyers throughout the city it is very important that you hire an attorney that knows the local court system, knows the nuisances of how custody and support are handled, but most importantly you need someone that is dedicated to divorces.

Our family law attorneys all have a dedication to divorce. We understand what you are going through and the difficulties that lie ahead. That is why we have created this website, we want you to know that you are NOT ALONE. You have our team of attorneys as well as our dedicated staff. Please feel free to reach out to us for a free consultation.

Divorce in Phoenix

 

Introduction
If you are going through dissolution of marriage, you know that this is a very stressful time for you and your family.  The Divorce Law Offices of “Insert Attorney Name” in Phoenix have attorneys who are experts in family law.  We have the knowledge and expertise to get you through this process as quickly as possible.  Going through a divorce or dissolution can be very emotionally draining on you and cloud your judgment on important decisions that need to be made.  We will answer all your questions.

Overview
In Phoenix, courts used to use the word “Divorce” to define the ending of a marriage.  Now, marriages dissolve at the final court appearance or dissolution proceeding.  The only acceptable grounds for dissolution in Phoenix are “irretrievably broken” or “irreconcilable differences”.  Arizona is a “no-fault” state.

Arizona State laws require you or your spouse to reside in Arizona for at least 90 days before filing for dissolution. Once the filing takes place, there is a 60-day waiting period before the divorce is final.

Uncontested Divorce

  • You and your spouse both agree to the dissolution.
      • Your spouse does not file a "Response" to the "Petition for Dissolution".
  • When the dissolution is agreeable, it can result in a “Default Judgment” or a “Consent Decree/Marital Settlement Agreement”.

Contested Divorce

  • Your spouse contests your Petition for Dissolution.
    • Your spouse files a Response with the Court.
      • If an agreement cannot be reached, you will go to trial to allow the judge to make all decisions.

Next Steps

Preliminary Injunction

  • The Preliminary Injunction Order is the first ruling issued by the court.
    • You and your spouse are not allowed to sell or give away any community property.
    • You and your spouse are not allowed to take the children without written consent from the other.
    • You and your spouse cannot harass each other.

Summons Served

  • Once you file the petition (petitioner), you must serve the respondent with a summons.
    • Your spouse must Respond to the petition within 20 days.

Default Judgement

  • If your spouse does not respond to the summons, a default judgment occurs.
    • You will be able to file for Notice of Default.
      • Your spouse has 10 days to respond.
      • If your spouse does not respond, the judge at a default hearing, will enter a Decree of Dissolution”
    • This will ask the court to grant you everything you asked for.
    • You must be present at this time.

Other Issues

Discovery

  • Each party examines all evidence or documents pertaining to this case.
    • In Phoenix, both parties must submit and exchange all legal and factual grounds for their claims.

Interrogatories

  • These are written questions that both parties must answer in writing.
  • The court will also ask for a deposition to take place
    • An interview that is conducted by each attorney, along with a court reporter.

Child Custody
There is no issue that divides a divorcing couple more than the question of who gets the children.

Joint Custody

  • Both parents have the legal authority to make decisions for their child.
      • Medical
      • Education
      • Religion

Sole Custody

  • Designated as the primary residential parent
  • The other parent pays child support
  • One parent has sole authority to make all decisions regarding the child.

Visitation

  • A visitation schedule is for the non-custodial parent to spend time with the child.
  • Visitation agreements can be modified by the court when family situations change.

Child Support
In the state of Arizona, the courts look at several factors in determining who will pay child support and how much.

  • Who has physical custody of the child, children?
  • Income of father and mother
  • How much spousal maintenance is being paid?
  • Are there other children who require support?
  • Which parent is paying health insurance?
  • Who is paying for day care?
  • Child support is paid until a child reaches 18

 

Spousal Maintenance or Alimony
In the State of Arizona, Spousal Maintenance is awarded for the purpose of assisting the spouse who receives it to keep the day-to-day standard of living he or she has been used to.  Factors in awarding Spousal Maintenance are as follows:

  • Cannot support oneself through employment
      • Young children
      • No training – didn’t work during marriage
  • Length of the marriage
      • Older age – difficult to find employment
  • Both spouses future earnings – ability to earn good living
  • The spouse providing the support can also maintain standard of living
  • Each spouse’s physical and emotional condition
  • The educational skills possessed by the spouse seeking Maintenance

Property Division

Arizona is a Community Property State.

Separate Property

  • Property you owned prior to the marriage still belongs to you.
  • Any inheritance or gift received prior to the marriage is retained by you.

Community Property

  • Any property or debt acquired during the marriage is considered Community Property.
  • Marital misconduct or Fault is not considered.
  • Community Property includes:
      • Financial – bank accounts, stocks, pensions, benefits
      • Debts – credit cards, loans
      • Real Estate
      • Vehicles
  • The court is allowed to place a lien on your separate property in order to pay spousal or child support.

Conclusion
Whether your divorce is amicable or angry, our attorneys can handle the legal matters for you.  There are many issues at stake when divorce is involved.  The Phoenix Divorce Law Offices of “Insert Attorney Name” have experienced and compassionate attorneys to handle all of these for you.  You need to concentrate on your new life; let us help you.

 

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