Table Of Contents

The Divorce Survival Guide For Phoenix

It’s a well-known statistic that about half of marriages end in divorce. Phoenix is no exception to this phenomenon, and some residents of our city may go through divorce more than once. There are quite a few aspects of Arizona family law that first-timers should be aware of. Approaching them with misunderstandings of how divorce works in Arizona could put that litigant at a disadvantage during property division, spousal maintenance, and child custody and support determinations. Whether you’re the petitioner or the respondent, you should brush up on Arizona’s family laws as soon as you know divorce may be in your future. Do it with no risk or obligation with a dedicated member of My AZ Lawyers’ divorce law team. Schedule your free consultation at 480-470-1504.

Navigating The Maricopa County Superior Court System

Conciliation Court: This is a conference that allows spouses to decide if they should proceed with divorce. A petition for conciliation can be filed without a petition for divorce being filed. This can also be useful for teaching the spouses about conflict resolution and co-parenting strategies if they share children in common.
Law Library Resource Center: The Law Library Resource Center, or LLRC, is highly useful for a litigant who self-represents in divorce. A litigant who retains a divorce attorney should not have to spend time conducting their own legal research.
Resolution Management Conference: The RMC can speed up the divorce process to see if the spouses can reach a settlement without further court involvement. Except in cases of domestic violence, the spouses are required to meet and negotiate the terms of their divorce 5 days before the RMC. If the spouses can finalize all of their issues, it is called a Rule 69 agreement, otherwise, the case is set for trial or referred to Alternative Dispute Resolution, or ADR.

Understand How Community Property Works Before Dividing Assets

What you have heard about divorce may be wrong if you’ve spoken to people who got divorced in states besides Arizona. Arizona is among the minority- only 9 states- that have community property laws for divorce, as opposed to the more commonly used legal theory of equitable division. Community property relies on the notion that everything a couple acquires during a marriage should belong to each spouse equally. This applies not just to assets, but income and debts as well.

Community property is the rule of law used if property division proceeds to trial, but the spouses can divide their assets (and debts) however they’d like if they settle their divorce via consent decree. Some assets may need to be sold if one spouse can’t afford to “buy out” the other spouse’s community property share.

How Long To Expect Your Divorce to Last

Divorce will encompass many areas of your life and leave less time and energy for pursuing other interests and responsibilities. A lengthy divorce battle could tie up your time and finances for a matter of several months or years. So, how long should you expect the divorce process to take in Arizona? Firstly, all couples in Arizona will need to wait at least 60 days after a petition for dissolution of marriage has been filed before a divorce can be granted. How much longer an Arizona divorce lasts depends on many factors, with one of the primary ones being whether the spouses settle by consent decree or proceed to trial. If the spouses have a consent decree ready to go when their 60-day waiting period is up, their divorce can be finalized at that point. But each issue that the spouses can’t resolve on their own adds to how much time it will take to complete the overall divorce case. This also adds to how much the spouses pay in attorney’s fees, as family law lawyers charge by the hour.

Special Requirements For Parents Of Children Under 18

When parents of minor children in Arizona get divorced or separated, or paternity or custody is established with the court’s help, they are required by state law to complete a Parent Education Program. This class helps parents understand how their divorce and family law disputes can impact their child- the parents should not bring the child to the class in person or online. Both parents must complete the course within 45 days of when the applicable petition was filed. A parent who pays the fee and completes the course will receive a course completion certificate that will also be sent to the court. Failure to complete the course can result in negative custody determinations for the parent in noncompliance.

Many parents enter divorce with the assumption that any determination other than the mother having primary child custody will require a drawn-out legal battle. But in Arizona, there is a presumption that it is best for the parents to have equal custody of a child in common. If the parents take custody to trial, a parent will need to show why it is against the child’s best interests to have a 50/50 custody arrangement. This applies to both physical and legal custody, also known as parenting time and legal decision-making. Having parenting time could reduce one parent’s child support obligations, as that is the main factor used to calculate child support, combined with the parents’ respective household incomes.

Re-entering the dating scene can be a particularly important concern if you have children under 18. No one can replace a child’s parent, but a stepparent also plays a very important role in a child’s life. Phoenix has been ranked among the best cities for singles, but parents should approach the dating scene with special precautions. Some of these precautions can even be worked into your custody orders. For example, you and your ex may agree not to introduce a new partner to your child until you have been officially dating for at least 4-6 months, or not to let the child sleep over at a new partner’s house until the other parent has met the new partner. These kinds of rules protect the child from becoming attached to a figure who is only temporary in their life.

Filing For Divorce Or Received Divorce Papers? Discuss Your Situation With An Experienced Arizona Family Law Lawyer Today

Divorce can take over almost every area of your life, lasting months or even years until it is finalized and you can move forward as a single individual. Depending on factors like how long you were married and the standard of living during the marriage, you could be obligated to pay support for years or for life, and on the flip side, if you supported your spouse during the marriage from home, they may fight paying support you’re owed. Assets could also be divided in a way that interferes with your long-term goals, and failing to settle this matter out of court leaves the ultimate decision in the hands of the judge assigned to your case. Reduce your stress load during divorce by retaining a knowledgeable and reputable Arizona family law attorney. Take the first step by scheduling your free consultation by phone. Contact My AZ Lawyers for your free consultation today at 480-470-1504 for more information.