Phoenix Divorce Attorney
While divorce is relatively common here in Arizona, it is rarely easy to face the prospect of divorce in your own life. In fact, divorce is likely one of the most challenging situations you’ll experience, and it is advisable to hire a family law attorney. Whether you have concerns over how your assets will be divided or how child custody will be determined, the skilled attorneys at Desert Legal Group are here to provide compassionate, comprehensive legal assistance in Phoenix, Arizona.
What to Expect During an Arizona Divorce
Anyone facing a divorce in Arizona must follow the state’s strict laws governing who is eligible for divorce in Arizona and when and how legal filings must be made. With so much at stake, many people trust Desert Legal Group’s Phoenix divorce attorneys to handle the filings for them.
Arizona is a no-fault state when it comes to divorce, meaning the courts do not require that either party prove that the other spouse is responsible for causing the divorce. As a result, it only takes one spouse to file for divorce. Even when the other party does not want to undergo a divorce, the state will eventually dissolve the marriage if either party completes the divorce process.
The divorce process typically begins when one spouse files for divorce with the help of Desert Legal Group’s Phoenix divorce lawyers. Your lawyer will complete and submit a Petition for Dissolution of Marriage to the Clerk of the Superior Court. The petition must be filed in the county where the couple resides. One spouse must have resided in that county for at least 90 continuous days. The petition must state information regarding when the couple married and what issues (such as child custody) will need to be resolved as part of the divorce.
Once the petition has been filed, your attorney will have a copy of the petition served to your spouse. After the other spouse receives the petition, both parties must wait 60 days until a judge will sign the final decree of divorce. There are no exceptions to the 60-day waiting period. After the waiting period ends, both parties and their attorneys can attend a hearing so the judge can approve the final divorce order. If the parties cannot come to an agreement to submit for approval, the divorce must be litigated in court, and the eventual solution will be determined by the judge.
The skilled attorneys at Desert Legal Group can help you assert your rights during negotiation or mediation to prevent the need for divorce litigation. If litigation becomes necessary, our family law team can help you advocate for your best interests regarding your property, your finances, and your children.
What Can Happen During the Waiting Period?
The 60-day waiting period can be a busy time for both spouses and their divorce lawyers in Phoenix, AZ. With the right legal representation, you may be able to resolve issues like child support and asset distribution during the 60-day waiting period for approval after its conclusion. Ideally, both parties will use this time period to work collaboratively toward common goals.
For example, both spouses will be required to disclose all of their properties, assets, and debts, and a skilled attorney with connections to divorce finance experts is key to success. Once disclosure is complete, Arizona’s community property laws require that assets, properties, and debts acquired during marriage be divided equitably between the spouses.
The courts will also set temporary orders that both parties must follow. The orders typically cover divorce-related issues like child support, spousal support, and child custody. If children are involved, the courts may interview the children as part of an evaluation of their relationship with their parents, although this step is not mandatory.
Attorneys representing both parties may stay in touch with each other throughout the process. If both spouses agree on the terms of divorce, the divorce may be completed once the 60-day waiting period concludes.
Common Issues Our Arizona Divorce Lawyers Address in Family Court
Every divorce in Arizona is unique, but there are commonalities that many divorcing couples must address. Desert Legal Group’s experienced divorce lawyers can help you navigate these common areas of divorce court.
Spousal Support
Not every couple must address the issue of spousal support during or after a divorce, and it is important to mention that infidelity and other acts of marital misconduct are not factors that the courts will consider during a divorce. Our Arizona divorce attorneys can help you determine whether your experiences qualify you for spousal support, especially if you lose the ability to support yourself after divorce. In some cases, spousal support is only ordered for the duration of the divorce proceedings.
Asset Division
Arizona’s community property laws provide guidelines for how assets and properties are to be divided during a divorce. Community property refers to all debts, assets, and properties that are acquired during the marriage. This can include things like cars, homes, credit card debts, and jewelry.
Our divorce legal team can help you determine if any assets or property you own should be considered personal property, owned outright by one spouse. Inheritance, gifts, and any property that was brought into a marriage are considered personal property. We can also help you determine whether your personal property is transferable. For example, if you used proceeds from the sale of personal property to purchase a vehicle, the used vehicle would likely be considered personal property as well. Proving that an asset is not community property will require proof, and an Arizona divorce attorney can help.
Child Custody
Arizona Family Court generally considers it to be in the best interest of children to have meaningful time with both parents. However, child custody matters like parenting time and decision-making rights can still be highly emotional. In most cases, both parents will ultimately lose some time with their children as the spouses transition from living at home with their children to trading child-rearing time with the other parents.
Adjusting to that new reality can take time, but children ultimately benefit from both parents working together to co-parent. The divorce lawyers at Desert Legal Group can help you navigate these difficult times. Once a child custody order is in place, it can be difficult, although not impossible, to amend those orders. If you experience a change in circumstances, our team can help you file a petition for amendment.
Child Support
The courts are required to ensure that children from the marriage are properly supported and cared for after the divorce. One way to do so involves requiring both parents to contribute financially to related expenses, which usually involves one parent paying child support to the other parent. Child support is typically included in the final divorce decree and considers situations when one parent spends significantly more time parenting the child. This extra time often comes with financial costs that are offset by child support payments.
A judge may also order child support when one parent earns significantly more income than the other parent. The goal is to add some level of continuity between both homes for the child so one parent is not left less able to support their children than the other. No matter your circumstances, the professionals at Desert Legal Group can advocate for a fair, balanced child support determination.
Why Choose Desert Legal Group During Your Divorce?
Divorces are often highly emotional events because so many critical components of your life are at stake. Many spouses worry about losing their business, life savings, and parental rights when going through a divorce. It is no wonder that area residents want the best divorce lawyers Phoenix, AZ, has to offer during this difficult time.
Our skilled legal counsel can provide you with several benefits.
Legal and Procedural Guidance
At Desert Legal Group, our attorneys are also parents. We’ve helped many clients through the divorce process, but we also understand how stressful and daunting the process may seem at times. You can benefit from the comfort of having sound, objective advice throughout the divorce process.
Streamlined Divorce Proceedings
Delays in the divorce ultimately serve no one’s interests. Our experienced divorce attorneys understand how to move the divorce case forward even when your spouse may be uncooperative. If necessary, we can pursue a default divorce and ensure that its terms are in your favor.
Preservation of Your Rights
Formidable legal counsel also helps you ensure that your rights are protected. For example, parents have the right to spend meaningful time with their biological children and participate in important decisions regarding their care. Both spouses have the right to half of all community property. Desert Legal Group’s divorce attorneys can help you secure a fair divorce settlement that preserves your rights.
Avoiding Extensive Litigation
Arizona family court prefers that spouses work out their differences without the need for court intervention whenever possible. If both parties cannot come to an agreement on all matters before them, there are remedies for resolving the disagreements. One remedy that can prevent the need to go to trial is scheduling mediation. During mediation, a neutral third party who has experience in conflict resolution works with both parties to find a consensus on lingering disagreements.
Desert Legal Group can help you reduce areas of disagreement, navigate mediation, create a parenting plan, and settle important issues before presentation to the judge for approval.
Phoenix Divorce Attorney FAQs
Divorces are often full of uncertainty. During your consultation with our family law attorneys, these and other questions can be answered in full.
The process of filing for legal separation in Arizona is similar to filing for divorce. In a legal separation, the marriage remains intact, but issues of child support, spousal support, and asset division are decided through the court. Couples decide to separate legally but not divorce for personal, financial, and religious reasons. Legal separations are generally not simple and require the help of a family law attorney.
Only a lawful marriage can be ended through divorce. If one of the two spouses was already married at the time of the current marriage or if one spouse was coerced into marriage, a more suitable remedy for ending the marriage would be an annulment.
The mandatory wait time for divorce in Arizona is 60 days. Theoretically, a couple could be divorced on the 61st day following the filing of a petition for divorce that both parties received soon after. In reality, many divorces take much longer, as complex divorce cases require additional time to account for assets and properties. Contested divorces also may take much longer than the 61-day minimum. When both parties cannot agree to the terms of a divorce, a judge will make a ruling on the outstanding disagreements.
If you are going through a divorce and your spouse earns a high income and handles all aspects of finances, you may have legitimate concerns that your spouse is hiding assets. The divorce process in Arizona mandates that both parties fully disclose their properties and assets.
Any attempt or effort to hide assets could lead to serious consequences for the at-fault party. Your divorce attorney can assess the chances that your spouse is not being fully transparent and open. There are practical steps that can compel your spouse to disclose all their properties and assets fully. A Phoenix divorce attorney understands how to investigate whether your spouse is hiding assets or property. If you suspect your spouse is hiding assets during divorce, it’s crucial to be vigilant for signs of financial deception.
One significant indicator is sudden and unexplained changes in financial behavior, such as increased spending, large cash withdrawals, or transfers to unknown accounts. Additionally, if you notice that crucial financial documents like bank statements, tax returns, or investment account statements are missing or incomplete, it could suggest attempts to conceal assets. Another red flag is secretive behavior regarding financial matters.
If you suspect your spouse is hiding assets, it’s crucial to consult with a knowledgeable divorce attorney at Desert Legal Group. We can help you gather evidence and navigate the legal process effectively.
Yes, our attorneys have extensive experience in assisting clients with modifications to existing court orders, including child support, spousal support, and parenting plans. We recognize that life changes, and it is often essential for legal agreements to be updated accordingly. Before a divorce decree can be modified, the courts may consider whether there has been substantial change to the parenting situation since the divorce.
One parent moving further away or neglecting a child may be grounds for modification. Our team is here to guide you through the process of requesting a modification that better suits your current circumstances, ensuring that your legal arrangements remain fair and relevant.
At Desert Legal Group, we understand that each family law case is unique. That’s why we tailor our approach to meet the specific needs and goals of every client. Because we appreciate the individuality of each situation, we offer personalized strategies that may include aggressive representation in court or advocating for a peaceful resolution through alternative dispute resolution methods.
Our dedicated team prioritizes achieving the best possible outcome for you and your children. Whether navigating complex legal battles or facilitating amicable agreements, our commitment is to serve your best interests effectively and compassionately.
Schedule Your Arizona Divorce Consultation Today
Divorce is a complex and often challenging process, yet it can be a necessary step toward finding a new path to happiness. With the right divorce attorney by your side, you can resolve your divorce with fair and favorable outcomes.
For the answers and support you need, turn to attorneys you can rely on. Contact Desert Legal Group today to schedule a consultation.