Divorce is seldom an easy process. It often involves legal issues that may continue long after the divorce is finalized which can impact your family’s future. It is important to consult with an experienced family lawyer before you initiate divorce proceedings to find out how the law applies in your particular case.
If you are facing separation or divorce in Arizona, a Phoenix divorce lawyer at the law firm of Mushkatel, Robbins & Becker, PLLC can help. You will find a calm, comfortable, and competent environment at our firm, while our team of dedicated legal professionals will work hard to resolve your case.
We handle all aspects of divorce, including:
Although there is no easy way to get through the dissolution of a marriage, an experienced divorce attorney can help. Contact us for sound legal guidance in the difficult decisions you will need to make.
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Here is a short introduction to Arizona Divorce Laws:
- What is a Divorce?
A divorce, or “dissolution of marriage,” is a legal proceeding to end a marriage officially. In Arizona, the person who files for divorce is called the “petitioner,” and the other spouse is called the “respondent.” - What are the requirements for filing for divorce?
In order to file a petition for divorce, a person or their spouse must have resided in Arizona for at least 90 days. - Do I need to have a reason for divorce?
In a no-fault divorce state, the only reason needed to file for divorce is that at least one spouse believes the marriage is “irretrievably broken.” - What if my spouse does not agree to the divorce?
If you file for divorce and your spouse wishes to prevent the divorce attempt, he or she may ask the court for a conciliation meeting or counseling. The divorce proceedings are postponed for up to 60 days for the meeting to take place. If the spouses do not agree to remain married after the meeting, the divorce will proceed.
What Are Questions to Ask Before Getting a Divorce?
Whether the divorce is the answer to the current condition of your marriage is a matter only you and your spouse can decide. Before you file for divorce, speak to an experienced Phoenix divorce lawyer at the law firm of Mushkatel, Robbins & Becker, PLLC. You may also wish to consider the following questions, which may shed some light on your current situation and help you decide what your next steps should be:
- Do I feel safe? Do I believe my children are safe?
The reasons a couple decides to divorce are as varied as the individuals involved in each marriage. Still, some problems are harder to resolve than others. For instance, if you feel that you or your children are in danger from your spouse (ex: domestic violence), you should act immediately. Move to safety. Think about divorce only after the immediate danger has passed. If you do not feel unsafe but do feel as if the marriage is no longer working, you may wish to stay in your marital home while you work out your feelings and plans. - Do I already feel divorced?
Some couples find themselves acting more like roommates than spouses long before one of them actually brings up divorce as an option. If you and your spouse are already separated in all but fact, it may be valuable to ask yourselves why you have not yet sought a formal divorce. Speaking to a marriage counselor may also be helpful, whether you ultimately decide to separate for good or to work on the marriage. - How much do I fear the unknown?
Many people hesitate to file for divorce because they are afraid of the unknown. Divorce means change. Changes can be frightening –particularly in marriages of long duration. An experienced counselor can help you weather the storm. Your attorney can provide advice and guidance as well.
What Are Arizona Divorce Laws?
As stated by the Maricopa County Superior Court, to file for divorce in Arizona:
- You or your spouse must have lived or been stationed in the state for at least 90 days before filing.
- The court also states that, if your divorce will involve matters concerning children, such as custody or child support, you should have resided with your children in Arizona for at least six months before filing for divorce. The state of Arizona must be the child’s primary residence if you are asking the judge to decide on child custody or support matters.
- It is not necessary to have grounds for divorce in order to file for one in Arizona. Because Arizona is a no-fault divorce state, you do not need to prove that you are entitled to a divorce because of your spouse’s actions. You only need to establish that the marriage is broken, and there is no chance that you and your spouse will get back together.
What You Should Expect in the Arizona Divorce Process
To obtain a divorce in Arizona, one spouse (called the Petitioner) files a Petition for Dissolution of Marriage in the Superior Court.- A copy must be served on the other spouse (who is called the Respondent).
- The Respondent will have 20 days to respond if residing in Arizona and 30 days if residing out of state.
- The parties may enter into a separation agreement before or after the divorce is filed in order to settle issues such as division of assets, spousal support, child support, custody, and visitation. However, agreements between the parties concerning children are not necessarily binding on the court.
- If the parties do not agree on issues such as child custody and support, spousal support or division of assets, they will need to request a hearing so a judge can decide these issues for them.
- After the hearing, or when the spouses enter an agreement on the terms of the divorce, the court will issue a Decree of Dissolution of Marriage. This decree will terminate the marriage and establish custody, parenting time, child support, spousal support and division of debts and property.
- After the divorce is finalized, either spouse can take the other back to court to request a modification to the terms of the divorce. A modification is often requested in matters such as child support, child custody, and visitation.
How a Sun City Divorce Attorney Can Help You
The terms of a separation or divorce can have a significant impact on future circumstances for you and your children. An experienced family law attorney can help you to obtain a favorable outcome by:
- Helping you negotiate an agreement with your spouse
- Ensuring that assets and debts are divided equitably
- Knowing the law and protecting your rights to child custody and visitation
- Making sure that your children are provided for financially
- Pursuing spousal support on your behalf.
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