Divorce

& Family Law Attorneys in Arizona

The AZ Divorce Attorneys at My Arizona Lawyers, PLLC  are passionate divorce in family law issues in Maricopa, Pinal, and Pima counties in Arizona.  Because our Arizona divorce lawyers know the value of spouse and family in our lives, we passionately fight for you and your right to have and keep healthy relationships.  From ensuring a fair parting of ways in the case of a divorce to securing your role in your child’s upbringing,  our experienced Arizona divorce team has the remedy for your divorce and family law needs.   Therefore, if you are seeking an attorney to assist you with your divorce, you have reached the right site.

infographic: top reasons people get divorced

Divorce can be emotionally devastating.  You are ending what may be a years-long marriage, and what almost certainly represented the hope of something more. Getting un-married can also be financially devastating.  Also, you may have given up your job to care for children or your home while your spouse worked.  Even if you did work, your spouse may have made more than you did, providing the majority of support.

When you go your own way, you may find yourself scrambling to find a job, worried about how to afford your own place, and having to buy new furniture and other household items.  If you have children, you may not have the means to support them on your own.  Plus, you may now have to worry about health insurance and car insurance.  Perhaps you need to get your own cell phone plan.

ARIZONA DIVORCE ATTORNEY

A Mesa divorce lawyer can help you protect your rights and fight for a settlement that allows you to continue living the type of life to which you were accustomed and to provide for yourself.  An experienced divorce attorney will get you the results you seek.  Call and set up a free consultation with one of our Arizona family law attorneys today.

In addition, a divorce lawyer can help you fight for a fair division of assets, an alimony settlement and child support that helps you provide for your children.

Divorce Law Services in Arizona

Impact of Adultery on Your Divorce in Arizona

With the creation of “no-fault” divorce, adultery doesn’t have nearly the impact on your divorce as it used to.  Arizona is a “no-fault” divorce state.  Though many jilted spouses look for satisfaction in filing a divorce decree stating that their spouse had an affair, it generally does not influence many factors in the divorce like:  Child Custody issues, Division of Property, or Spousal Support (Alimony).
Therefore, if you are the scorned party and are hoping for your cheating ex to be punished in a divorce.  Chances are you are going to be let down.  Conversely, if you are the one that was stepping out and having extramarital activities, you shouldn’t worry about getting in trouble for it during your divorce.  In Arizona, affairs and adultery are not considered pertinent to the fair division of assets or a parent’s ability to care for their children.  Additionally, the primary point to take from this discussion on adultery and divorce,  is that an affair will likely have no impact on your divorce proceedings in Arizona. 
There may be ways to penalize the other spouse who is having the affair through a marital waste claim.   If the adultery harmed the marital community financially, there may be a path to filing such a claim.  Contact our Arizona Divorce Attorneys and Phoenix Divorce Lawyers for further information regarding how adultery impacts divorces in Arizona.

CHOOSING A DIVORCE ATTORNEY IN ARIZONA

Arizona custody attorney
Choosing a divorce attorney is an important part of a successful divorce.  It seems like many people are looking for a “bulldog” attorney or an attorney who is aggressive, a fighter, and no nonsense.  When our Arizona family law staff hear this (and we often do), it makes us shudder.  Talented attorneys, like those on our staff at My AZ Lawyers, don’t need to unnecessarily fight or sling mud in order to achieve a successful outcome to a divorce.
We are by no means saying that our attorneys won’t vigorously represent our client, we just know that as divorce attorneys we must separate feelings and emotions in order to achieve the best outcome for our clients.  Additionally, our family law team has represented thousands of people in Arizona who were filing for divorce.

THE MY AZ LAWYERS DIFFERENCE

The exceptional results that we get are due to our knowledge of not only the Arizona family laws, but also to the fact that we are in front of the same judges case after case.  Therefore, with all of the face time that we get in front of these judges we get to know their preferences and stances on the multitude of family issues.  Additionally, our large staff make notes of not only the judges but also of the many opposing attorneys that we face. Our attorneys and staff compile all of these notes which gives our clients an upper hand when filing a divorce in Phoenix, Mesa, Chandler, Gilbert, and Tucson, Arizona.

ARIZONA DIVORCE TERMS AND FREQUENTLY ASKED QUESTIONS

ANSWER: 

Divorce is the legal dissolution of marriage. Once your divorce decree is finalized, your marriage is officially over. However, in Maricopa County, around 70% of first marriages end in divorce, with that percentage increasing for subsequent marriages.

Arizona is a community property state, meaning both spouses have rights and obligations for most debts and assets acquired during the marriage, regardless of whose name is on the paperwork. Divorce usually also involves splitting up these assets and determining child support and custody.  Therefore, contact our Phoenix Divorce Lawyers for assistance.  Our family law attorneys offer free consultations.  Plus, we have payment plans to fit into your budget.

ANSWER: 

It is always best practice to seek the assistance of a professional when dealing with legal issues.  However, you can always proceed with a legal matter in pro per, or without an attorney. For couples who are getting divorced and splitting amicably, this may be a viable option.   Or, if you have only been married a short while, you don’t have significant assets, and you don’t have children, your case may be relatively simple enough to file without an attorney.

However, some family law cases can be more complex.  If you foresee a custody battle, 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 attorney. Therefore, contact our Phoenix Family Lawyers for assistance.  Plus, our attorneys offer free consultations.  Also, our experienced dissolution attorneys have payment plans to fit into your budget.

ANSWER: 

Your attorney should hopefully be more knowledgeable about family law and court procedures than you are. They will also be able to file documents for you electronically, whereas you may be required to file your documents in person at the courthouse.

While you may be able to file a divorce on your own, it could cost you more in the long run if your assets aren’t split favorably and you end up with years of alimony and child support payments. If your spouse has an attorney and you don’t, you are entering the proceedings at a huge disadvantage. If you have an attorney and your spouse doesn’t, you will have the advantage. Hiring an attorney when your spouse also has one ensures you are at least on an equal playing field.  Contact our Phoenix Divorce Lawyers for assistance.  Also, our Arizona family attorneys offer free consultations.  Plus, we have payment plans to fit into your budget.

ANSWER: 

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.  Therefore, contact our Phoenix Divorce Lawyers for assistance.  Also, our Arizona family attorneys offer free consultations.  Plus, we have payment plans to fit into your budget.

ANSWER: 

Paternity needs to be established before a father has the obligation or right to pay or receive child support and have visitation with the child. Getting the results from a paternity test should only take a few business days at most. However, if the parents of the child in question aren’t on good terms, they may need to get paternity testing through their local child support office. This will need to be court-ordered and will take much longer than a voluntary paternity test.  Therefore, contact our Phoenix Divorce Lawyers for assistance.  Also, our AZ family attorneys offer free consultations.  Plus, we have payment plans to fit into your budget.

ANSWER: 

Physical custody is having the child live with you, while legal custody is decision-making authority on behalf of the child. Both legal and physical custody can be classified as sole or joint. Sole custody means only one parent has that type of custody, while joint refers to both parents. It is possible for custody agreements to be sole legal custody with joint physical custody, or vice versa.  Therefore, contact our Phoenix Divorce Lawyers for assistance.  Additionally, our AZ family attorneys offer free consultations.  Plus, we have payment plans to fit into your budget.

ANSWER: 

If the parents can’t agree during mediation or informally on how much child support is to be paid, the court will have to decide. The guidelines for calculating child support can vary by jurisdiction, circumstances, and can even be left up to a judge’s discretion. The judge will have tables showing an acceptable range for support payments based on the case details. Factors the judge will consider include the needs of the children (healthcare, education, etc.), the paying parent’s income or ability to earn an income, the needs and income of the custodial parent, and the child’s lifestyle before the parents divorced or separated.  Contact our Phoenix Family Lawyers for assistance.  Additionally, our Arizona family attorneys offer free consultations.  Plus, we have payment plans to fit into your budget.

ANSWER: 

A legal separation, unlike a divorce, doesn’t legally terminate the marriage. It is an option commonly utilized by couples who aren’t completely sure yet that they want to divorce, or for those who can’t afford financially to divorce. You can still be ordered to pay alimony during a separation, and child support and custody orders will be put in place if minor children are involved. You will still legally be married after a period of legal separation.  Contact our Phoenix Divorce Lawyers for assistance.  Additionally, our Tucson family lawyers offer free consultations.  Plus, we have payment plans to fit into your budget.

ANSWER: 

Arizona is a no-fault divorce state, meaning that you don’t need to have a specific reason to file divorce.  You can cite “irreconcilable differences” on your divorce petition.  Contact our Phoenix Divorce Lawyers for assistance.  Our attorneys offer free consultations.  Plus, we have payment plans to fit into your budget.

ANSWER: 

You will first want to consult attorneys to learn your legal rights and steps you will need to take on a case-specific basis. 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. Your paperwork will be filed with the court and will need to be served on your spouse. Your spouse will either respond with their own demands, or the judge will issue a default ruling based on your petition. You may  need to attend parenting classes, mediations, or go to court.  Contact our Phoenix Divorce Lawyers for assistance.  Our attorneys offer free consultations.  Plus, we have payment plans to fit into your budget.

ANSWER: 

While your spouse won’t be financially penalized just for having an affair, you may be compensated for extravagant purchases by your spouse leading up to the divorce. Lavish gifts for a mistress, gambling expenses, and other fraudulent attempts to dispose of marital property can qualify as marital waste. The purchases must have been made with the intention of defrauding their spouse while divorce was imminent.  Contact our Phoenix Divorce Lawyers for assistance.  Our attorneys offer free consultations.  Plus, we have payment plans to fit into your budget.

ANSWER: 

One parent can’t simply flee the state to avoid paying child support. The custodial will still be able to collect child support due to the Revised Uniform Reciprocal Enforcement of Support Act (RURESA). One way the custodial parent can enforce support is by registering their current child support order with the county where the other parent moved. In this method, the noncustodial parent has the opportunity to argue to the court that their child support should be lowered.

Therefore, the custodial parent can also move to enforce the order in their home state, and the court will notify the courts in the other parent’s new state to withhold their wages to pay the child support.

The parent won’t have the opportunity to argue that their support should be lowered, but their new state may choose to withhold less than the ordered amount from their paychecks. They will still be liable for the unpaid balance in their home state.

Contact our Phoenix Divorce Lawyers for assistance.  Our attorneys offer free consultations.  Plus, we have payment plans to fit into your budget.