Gilbert Divorce Lawyer

Family Law Attorneys for Dissolution of Marriage in Gilbert

Gilbert Divorce Lawyers, Divorce Attorneys in Gilbert,

Downtown Gilbert, Arizona on a Saturday Night

Dedicated, knowledgable attorneys experienced in representing family law legal cases in Gilbert, Arizona

Gilbert Divorce Lawyer FAQs

ANSWER:

More people than not in Gilbert, Arizona file for divorce.  What divorce is: it’s the legal dissolution of marriage. Therefore, once your divorce decree is finalized, your marriage is officially over.
As we mentioned, over 50% of first marriages in Maricopa County end in divorce.  Furthermore, that percentage increases for subsequent marriages. Divorces in Gilbert usually involve splitting up assets (and debts) and determining child support and spousal support (when applicable).  Arizona is a community property state.  Thus, both spouses have rights and obligations to debts and assets acquired during the marriage.

CONTACT A GILBERT DIVORCE ATTORNEY

(480) 833-8000

ANSWER:

Yes. You can get divorced in Gilbert, Arizona regardless of the state you were married.  Whereas, you can file for Divorce in Arizona as long as you have lived here for 6 months and lived in the country for 3 months.  For additional information, contact your Gilbert Divorce Lawyer.

CONTACT A GILBERT DIVORCE ATTORNEY

(480) 833-8000

ANSWER:

Family law issues are usually highly contested.  Though you can choose to represent yourself in a family law matter, often emotions run too high.  Hiring an experienced Gilbert Family Attorney is a better idea than pro per, or without an attorney.
For couples who are splitting amicably, representing yourself may be a viable option. However, if you foresee a custody battle, have a marriage of long duration, want to request child support or alimony, or have significant assets to divvy up between you and your ex, you may want to hire an Arizona family law lawyer.

CONTACT A GILBERT DIVORCE ATTORNEY

(480) 833-8000

ANSWER:

One of the easiest ways to start the process of getting a divorce in Gilbert, Arizona is to contact our Gilbert Divorce Lawyer and staff today for a free consultation.  At the consult, you will learn your legal rights and steps you will need to take on a case-specific basis. Additionally, you will need to tell the attorney what you want out of the divorce and parenting order so they know how to draft your petition.
Next, your divorce paperwork will be filed with the court and will need to be served on your spouse. Then, your spouse will either respond with their own demands, or the judge will issue a default ruling based on your petition. Chances are, there will be negotiating between you and your spouse through the attorneys on the case.  Additionally, you may need to attend parenting classes, mediations, or go to court.

CONTACT A GILBERT DIVORCE ATTORNEY

(480) 833-8000

ANSWER:

contested divorce in Gilbert is a divorce in which the parties cannot agree.  The disagreements may be about:  getting divorce, the terms of the divorce, the division of assets, the allocation of debts.  Also, there may be points of contention involving alimony, child support, or the custody of the child or children.  Often, many divorces that couples believe will be uncontested quickly become contested divorces as it is unlikely that both parties can agree on all faucets of things needing to be decided in a divorce.  Contacting a Gilbert Divorce Lawyer is the best solution to a Contested Divorce in Gilbert, Arizona.

CONTACT A GILBERT DIVORCE ATTORNEY

(480) 833-8000

ANSWER:

In theory, an uncontested divorce is a divorce where both parties agree on every faucet of a divorce.  Though many couples believe their divorce is amicable or uncontested, often, they become contentious once the parties get into the thick of a heated divorce.
To divorce your spouse, you will be required to file a divorce petition and have it served on your spouse. In Arizona, your spouse has 20 days to respond to the petition. If your spouse agrees to all the terms of the divorce, they can file a consent decree. They can also simply not respond at all. If this is the case, your next step is to file a request for default. The court will order the divorce under the terms of the petition you filed.

CONTACT A GILBERT DIVORCE ATTORNEY

(480) 833-8000

ANSWER:

It is really tough to determine the exact length of a divorce in Gilbert, Arizona as no two couples are alike.  Arizona family law does provide that a divorce cannot be legally finalized any earlier than six months from the date the petition was served. Also, factors that may lead to an even longer divorce proceeding include disputes regarding:  assets, debts, custody, alimony, child support, and division of property. 

CONTACT A GILBERT DIVORCE ATTORNEY

(480) 833-8000

ANSWER:

A divorce in Gilbert, If requested by either party, the Court must enter a Divorce Decree. Although the spouse who doesn’t want the Divorce can do some things to delay getting divorce.  In the end, eventually, the Divorce will be granted.

CONTACT A GILBERT DIVORCE ATTORNEY

(480) 833-8000

ANSWER:

Paying for your spouses attorney fees is similar to alimony in the regards that a Judge’s decision on whether your spouse will have to pay (reimburse you) for Attorney’s Fees is discretionary.  This is not something that is guaranteed.  If another Arizona family law attorney tells you that you are guaranteed that attorneys fees will be paid by your spouse, know they are not being forthright with you as it is a decision left up to the Arizona Family Court Judge. 
 
Therefore, if the Judge determines that your spouse is in a better financial position or that he/she has acted unreasonably throughout the process, the Court may order your spouse to pay some or all of your Attorney’s Fees.  Plus, besides getting your attorney’s fees reimbursed, there are numerous other issues and questions that may arise in a Gilbert divorce. Thus, it is always best to have an experienced Gilbert Divorce Lawyer represent you while navigating this often complex and emotional process of getting divorced in Gilbert.
 
Thus, if you are interested in discussing your Gilbert Family Law or Divorce matter in more detail, please contact us at: (480) 833-8000.

CONTACT A GILBERT DIVORCE ATTORNEY

(480) 833-8000

Cost Effective Divorce and Family Law Solutions

Our divorce lawyers handle several cases in Gilbert and throughout Maricopa county.  Therefore, we try to seek cost effective amicable solutions to disputes whenever possible.  However, our Gilbert divorce attorneys know how to operate from a position of strength and work every case for the possibility of trial.  Thus, no matter what direction the case progresses our lawyers and staff will be prepared.

Additionally, we work closely with our clients and take pride in shooting straight with them.  Plus, our Gilbert, Arizona attorneys tell clients what they need to hear, not what they want to hear.  Also, we will give you an accurate idea of what to expect and not to expect as well as what it may cost.  Therefore, the decisions as to how to proceed are yours to decide.  Additionally, our family law team is here to provide you with the sound legal advice that you will need to make the best decisions for you and your family.

GILBERT FAMILY LAW PRACTICE AREAS

Our Gilbert law office offers an array of practice areas within family law including divorce.  Contact our experienced Mesa Divorce Lawyer and family law attorneys for a free consultation.  (480) 833-8000.  Additionally, we can assist you with matters of domestic violence, orders of protection, child custody, spousal support (Alimony), and Parenting time.

Therefore, whether you are in need of a divorce in Gilbert, or facing a child custody dispute or other family law matter, it is important that you consult with a knowledgeable and experienced Gilbert family lawyer.  A meeting with our Gilbert Divorce Lawyer will help you better understand your rights and options. 

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    GILBERT, ARIONA DIVORCE ATTORNEY AND FAMILY LAW LAWYERS

    As Gilbert, Arizona’s best divorce law firm, our attorneys experience and attention to detail set us apart from other law firms. Thus, by providing expert legal representation, we assist individuals, couples, and families in Gilbert, Arizona and throughout the East valley of Phoenix dealing with family law issues. Plus, our Gilbert divorce lawyer understands the challenges facing family law cases, and is dedicated to fight in behalf of the best interests of your family. Therefore, call and discuss your potential divorce or family law case with our legal staff .  Communicate your concerns and needs to us and we will take it from there.

    How can our Gilbert divorce and family law attorneys support your case? Schedule a free consultation and speak with a lawyer today. (480) 833-8000.

    ARE YOU GOING THROUGH A DIVORCE IN GILBERT, ARIZONA?

    One of the most challenging changes in life circumstances that a family can go through is divorce. Therefore, divorce usually affects every member of a family. Conversely, though divorce is the same process, each divorce case in Gilbert has its specific issues. Thus, our Gilbert divorce attorneys have a reputation of successfully representing Gilbert clients in divorce.  “Dissolution of marriage” is sometimes contested, or sometimes requires only mediation. Whereas, an experienced divorce attorney at our Gilbert legal firm will support you, help you to understand Arizona family law as it pertains to your case, and offer options that best suit the needs of your family.

    Additionally, family law issues surrounding divorce may be quite complex. Usually, emotions run high, and in order to achieve the best possible outcome for your case, our divorce attorneys rely on their calm demeanor an prior experiences when fighting for clients in Gilbert. Above all, we are dedicated to ensure that the future of your family is protected.

    Our Gilbert divorce law firm provides legal representation for family law services in Gilbert, San Tan, Higley, Apache Junction, and East Valley of Phoenix, Arizona. Please, Contact our office for information regarding your family law case including

    DIVORCE in GILBERT
    CONTESTED DIVORCE
    UNCONTESTED DIVORCE
    DIVISION OF ASSETS
    DIVORCE MEDIATION
    SPOUSAL SUPPORT

    GILBERT DIVORCE LAWYERS FAQs

    Frequently Asked Questions Regarding Getting Divorced in Gilbert, Arizona

    How Long Does it Take to Get Divorced in Arizona?

    The average time to get a divorce finalized, even an uncontested one, in Arizona is between 90 and 120 days.  Thus, it can and usually does take longer for a divorce to be finalized.  Therefore, even cases that seem to be “uncontested” run into snags and hang ups that push the time to finalize it past the average.

    How Does Adultery Impact a Divorce in Gilbert, Arizona?

    Arizona is a “no fault” state when it comes to divorce.  Whereas, this means regarding adultery while married is that the misconduct is not going to have much (if any) bearing on the divorce proceedings.  Hence, the Family Law Court will not consider the wrongdoing and will end the marriage by granting a divorce despite the infidelity.

    What is the Difference Between a Contested and Uncontested Divorce in Arizona?

    If a couple in Arizona disagrees on one or more significant matters in a divorce, it would be considered a “Contested Divorce“.  Conversely, the other side of it is when a couple is able to come to a full agreement about all major issues before trial, that would be considered to be a “Uncontested Divorce“.  Therefore, if you have additional questions, contact our Gilbert Divorce Attorneys for better clarification.

    GILBERT FAMILY LAW MYTHS UNCOVERED

    Frequently Asked Questions Regarding Getting Divorced in Gilbert, Arizona

    Divorce is hard, however, divorce in Gilbert, Arizona is something that happens to over half of the people getting married.  Maricopa County has a higher than average divorce rate.  Although, there are plenty of financial advantages of being single and regardless of why your relationship is ending, the legal process of getting a divorce can be confusing, time-consuming, and expensive.  Our Gilbert divorce attorneys recommend consulting with an experienced family lawyer when proceeding forward with ending a marriage.

    Unfortunately, plenty of myths can stop you from protecting yourself and your needs when seeking a divorce in Gilbert, AZ.  Also, these false statements that are out there often make a difficult situation even worse.  You can’t make the correct decisions when given mis-information. It’s easy to come across misinformation or legal myths that are not only misleading but harmful. Therefore, identifying these Divorce myths and misconceptions is essential for making your divorce as pain-free as possible.

    MYTH: If Your Spouse Cheated, You Have a Good Chance of Getting Everything

    Divorce Truth:  Arizona is a no fault divorce state. Your spouse’s cheating will have no impact on child custody, or child support. Unless you have a valid prenuptial agreement with an infidelity clause, cheating will have no impact on property division or spousal maintenance, either. 

    MYTH: One Spouse Can Deny Another Spouse a Divorce.

    Divorce Truth:  While it makes things easier, the spouses don’t have to agree to a divorce. Either spouse may unilaterally file a divorce petition, and serve the other spouse The spouse will have 20 days to file their response if they live in Arizona, and 30 days if they live out of state. If the respondent spouse fails to respond to the petition, the petitioner spouse will be granted a divorce in all of the terms they requested in their petition. This is referred to as a “default divorce.” If the respondent spouse does appear in court, litigation will center on matters like child custody and property division, not proving whether or not they should be granted a divorce. 

    MYTH: The Children Get to Choose Which Parent They Want to Live With

    Divorce Truth:   A child’s opinion may be taken into account in custody matters once they reach a certain age, usually around 12. The child’s maturity level, intelligence, and other factors will affect the weight the child’s opinion has. Even when the child’s opinion is taken into consideration, it is only one of a variety of factors the judge will examine when determining custody. Others include the parents’ living situations, new partners and children, schedule compatibility, any special needs of the child, any physical or mental health conditions in either parent, the child’s adjustment to new environments, and if either parent has a past of interfering with the other parent’s parenting time.

    MYTH:  A Mother usually gets the children when spouses are divorcing.

    Divorce Truth:  This is an assumption of the past. Courts have shifted their attitudes, and now assume that it is usually in the child’s best interest to spend equal time with each parent. Many of our clients are fathers with full custody due to the mothers’ struggles with drugs, alcohol, and mental health issues. 

    MYTH:  If I Keep the House in only my name during the marriage, this will assure I will get it.

    Divorce Truth:   It doesn’t matter whose name the house is in- mortgage payments and other contributions to the house during the marriage are community property. Any equity gained during the marriage will be split between the spouses, with one spouse being credited for premarital contributions, if applicable. The court may award the house to the custodial parent in the interest of maintaining normalcy for minor children, and award the other spouse a higher share in assets like vehicles, investment accounts, and vacation properties.

    MYTH: An engagement ring is marital property and will be split if divorcing.

    Divorce Truth:   Gifts and inheritance remain the separate property of the receiving spouse, regardless of if it was received during marriage. An engagement ring is treated as a gift from the husband, and is not included in the process of property division

    MYTH: Alimony is always awarded in a divorce.

    Divorce Truth:   Alimony is decided based on a variety of factors, like each spouse’s income and earning potential, the couple’s standard of living during the marriage, and if one spouse supported the other spouse’s career and education at the expense of their own. Many people assume that the wife is always awarded alimony, but it is very possible that neither spouse is awarded alimony, or the wife is ordered to pay alimony to her husband. 

    MYTH:  If I am not seeing my children, it is probably best to sign over my rights.

    Divorce Truth:   While this will relieve your obligation to pay child support, it will also permanently relinquish your right to time with your children. Termination of parental rights is most common when one parent remarries and the new spouse wishes to adopt the child, or when one parent struggles with substance abuse, mental health issues, and domestic violence. You should consult a family law attorney before signing over your parental rights so you understand the gravity of the agreement you are signing. 

    MYTH: Since the Divorce is the fault of my spouse, they will have to pay for my attorney.

    Divorce Truth:   The beginning assumption is that each spouse will be responsible for their own attorney’s fees. One spouse may be ordered to pay the other spouse’s attorney’s fees if certain circumstances are present. These include the financial situations of each spouse, and if one party engaged in misconduct like purposely delaying the case, hiding assets, and disobeying court orders. This applies to misconduct during the divorce, not during the marriage. 

    MYTH: The Debt from the marriage is in my spouse’s name, thus, I won’t have to pay it.

    Divorce Truth: It doesn’t matter whose name the debt is in- in Arizona, if it was incurred during the marriage, it is community property. It will be split, along with the rest of your marital assets, during property division. 

    MYTH: My retirement account and IRA is in my name only, therefore, I won’t have to share with my spouse.

    Divorce Truth:   This isn’t true. If you were living in a community property state, your retirement account contributions during the marriage may be community property. If you made contributions to a 401K, IRA, or other retirement account during your marriage, you are probably going to need a family law attorney to help you determine how much of the account each spouse is entitled to. The account will be split per the terms of a QDRO, or a Qualified Domestic Relations Order. 

    MYTH: If I litigate and take my divorce to trial and prove everything is my spouse’s fault, I will get everything.

    Divorce Truth:   Arizona is a no fault divorce state, so property division isn’t decided based on the spouses’ conduct during the marriage. Absent a prenuptial or postnuptial agreement, or marital waste, all marital assets will be split evenly. Marital waste is when one spouse purposely or recklessly hemorrhages money in the period leading up to a divorce. A spouse who goes on shopping sprees, expensive vacations, drug and alcohol binges, and spends carelessly at the casino and on an extramarital affair, can be penalized during property division. The other spouse may be awarded more marital assets to credit that spouse for funds that were wasted. 

    MESA
    1731 West Baseline Rd.
    Suite #101

    Mesa, AZ 85202
    Office: (480) 448-9800
    GLENDALE
    20325 N 51st Avenue
    Suite #134 Building 5

    Glendale, AZ 85308
    Office: (602) 509-0955
    TUCSON
    2 East Congress St.,
    Suite #900-6A

    Tucson, AZ 85701
    Office: (520) 441-1450
    AVONDALE
    12725 W. Indian School Rd.
    Suite E, #101

    Avondale, AZ 85392
    Office: (623) 399-4222