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Divorce can be a highly emotional and complex process. Under Arizona law, you will need to file the right paperwork, meet court requirements, and execute a series of difficult decisions with your former spouse. In many cases, divorcing couples in Gilbert do not agree on issues such as property division, child support payments, or alimony, which can be stressful.
If you are filing for divorce in Arizona, the family law attorneys at the Law Office of Karen A. Schoenau can help. Our Gilbert divorce lawyer can guide you through the process and help you and your spouse resolve your divorce as quickly and seamlessly as possible.
To file for divorce in Arizona, you will first need to file a petition for the dissolution of your marriage in Arizona court. This petition will indicate your intent to file for divorce and the terms that you are seeking, which may include alimony requests, child custody arrangements, and the division of your marital property. After filing your petition, you will need to serve your spouse with the documents through a sheriff or process server.
Your spouse will then have 20 days to file his or her response, or 30 days if he or she lives out of the state. Your spouse can choose to accept the terms in your petition or file his or her own requests. If your spouse does not file a response within the appropriate time frame, the court will enter a default judgement and you will receive all of the terms you requested in your petition.
If your spouse does file a response, your case will then enter divorce proceedings. The court may establish temporary orders for living arrangements or child custody. You and your spouse can choose to resolve your divorce and create the terms of your divorce decree through mediation in Gilbert. You can also choose to take your case to the courtroom and have a judge determine your divorce agreement.
As divorce attorneys, we understand that the focus needs to be beyond just the separation of two spouses. There are many other areas of family law that directly intersect with the actual legal separation of two people. We stand by, ready to help you with the following:
Regardless of whether or not a divorce is contested or uncontested, it is critical to have an attorney by your side. For an uncontested divorce, you need to make sure that all of your “ducks are in a row,” so to speak, to make sure that nothing can come back and bite you in the future. For contested divorces, having an attorney is a critical lifeline. A divorce will be considered contested if the two parties disagree on any part of the separation agreement.
The divorce process in Arizona can be complicated and time-consuming, particularly for contested divorces. This can also be an emotional process, and having an attorney by your side will help take out the emotional aspect of the case by letting a third party handle the negotiation and communication on your behalf.
The state of Arizona is considered a “community property” state when it comes to the division of marital assets. This means that all personal and real property acquired while the marriage was ongoing belongs equally to both spouses. This property can include the marital home, any second homes, money in bank accounts, retirement accounts, cryptocurrencies, vehicles, boats, artwork, jewelry, furniture, and more. It is critical that this property be divided adequately between the two parties. Additionally, property division includes the division of any debts acquired during the course of the marriage, including mortgages, car notes, personal loans, student loans, credit card debt, and more.
If there are minor children involved in the separation process, then child custody and parenting time must be established before the divorce is finalized. There are two types of custody that need to be determined for minor children:
For both of these types of child custody, there could be joint or shared custody as well as sole custody, where one parent has complete control. These two types of custody arrangements do not have to be the same for both physical and legal custody. For example, both parents could share legal custody while only one has physical custody (along with a variety of other combinations).
Arizona follows the Income Shares Model guidelines to correctly calculate how much each parent should pay each month for child support. Child support is mandatory for any minor children in the state of Arizona. A failure to pay child support in prison or jail time, major fines, and wage garnishment.
In the state of Arizona, the law does allow for spousal maintenance, which is typically referred to as alimony. Judges in these cases have the authority to make decisions about whether or not spousal maintenance should be paid from the higher-earning spouse to a lower-earning spouse. Some factors that will be considered when considering alimony include the duration of the marriage, the spouses’ standard of living before separation, the age of the spouses, financial resources of both parties, and more.
Our divorce attorney at the Law Office of Karen A. Schoenau can represent you throughout your divorce case and help you seek the outcome you deserve. Hiring a divorce lawyer to advocate for your rights during your divorce process in Gilbert can provide you with several benefits, including the following:
If you are filing for divorce in Gilbert, the family law attorneys at the Law Office of Karen A. Schoenau can help. Our Gilbert divorce lawyer can guide you through this process and advocate aggressively for your best interests. Contact us online to schedule a free consultation and discuss your next steps. Call (480) 845-0251 to speak to our Scottsdale family law attorney today.