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Filing for divorce can be a complicated process. You will need to execute a series of careful decisions about property division, child custody arrangements, alimony, child support, and more—and your former spouse may be resistant to your requests. To fight for your rights and secure an optimal outcome in your case, you need a Mesa divorce lawyer on your side. In these situations, the Law Office of Karen A. Schoenau can represent you and advocate aggressively on your behalf.
Some states require a person to bring allegations of fault, such as adultery or domestic violence, against his or her spouse in order for a court to grant divorce. However, Arizona family law follows a no-fault standard when it comes to these proceedings—meaning that either spouse can initiate a divorce without proving that his or her partner committed wrongdoing. You will need to meet Arizona’s residency requirements to file for divorce; you or your spouse must have lived or been stationed at a military base in Arizona for at least 90 days.
To file for divorce, you will first need to submit a petition for the dissolution of your marriage with the appropriate Arizona court. Our family law team at the Law Office of Karen A. Schoenau can help you create this document and ensure that you seek optimal terms in your initial petition.
After filing the petition, you will need to serve your spouse with these papers through a sheriff, private process server, or certified mail with return service requested. Your spouse will need to file a response within 20 days, or 30 days if he or she lives out of state. Your spouse can agree to all of the terms of the Mesa divorce or disagree with your terms and file opposing papers.
If your spouse fails to submit a response, the court will enter a default judgement and grant you all of the terms that you seek. If he or she does respond, the case will enter the discovery process where you and your spouse will exchange documents and ask relevant questions in preparation for trial. Your case will then enter mediation or trial.
In an Arizona divorce, your case can resolve through divorce mediation, where a third party mediator helps you and your spouse create an agreement without a court’s intervention. Your case may also proceed to trial and a judge will hear evidence from both parties. The judge will then create a divorce agreement based on this evidence. Mediation is typically faster, less expensive, and more predictable than a trial, making it an optimal choice for divorcing couples. To identify your optimal path to resolution, speak to an attorney at the Law Office of Karen A. Schoenau as soon as possible.
The unique dynamics of every divorce in Mesa are unique. Regardless of the situation you find yourself in, our family attorneys are at hand to guide you through the process and provide prompt, honest legal advice. Whether you find yourself involved with a contested or an uncontested divorce, we’re in your corner.
During an uncontested divorce, both divorcing spouses agree to all of the terms included in the dissolution of their marriage. If you and your spouse are in agreement regarding the specific conditions of your legal separation, you can work together to prepare the documents required by the family court. Your divorce may then be completed outside of a court environment, without the need for a divorce trial. It may nonetheless be in your best interests to retain a Mesa divorce attorney, particularly if you have children, possess substantial assets, or have accrued considerable debt over the duration of your marriage.
In the event that the spouses disagree with one or more of the conditions of the dissolution of their marriage, the divorce is contested. Unless you and your spouse are able to come to an agreement, the contested divorce case proceeds to family court. A judge will hear your case and decide on a ruling. To prevent your case from reaching family court, you may be able to pursue negotiation or mediation. Our Mesa divorce lawyers can help you evaluate your options and pursue the course of action that suits your best interests.
Divorce proceedings can be complex and stressful. When you choose to hire a family law lawyer from the Law Office of Karen A. Schoenau, you can trust that we’re committed to your well-being and the best interests of any children involved. Our Mesa divorce attorney is familiar with Arizona laws and can help you decipher your situation. Whether there are possible child custody issues, current or future assets you want to protect, substantial debts or income, or other complex factors at play, we’ll help you navigate the legal process.
Our Mesa divorce attorneys are meticulous and attentive to every detail, no matter how minor it may seem. By ensuring that your status is conveyed clearly and correctly, we reduce the chances of you encountering financial harm or requiring additional legal proceedings to correct any errors. We make certain that your wishes are made known and work towards a divorce decree that is free of uncertainty. Our family law attorneys assist you with paperwork and clerical work to ensure that the divorce process is as streamlined and stress-free for you as possible.
Are you filing for divorce in Mesa, Arizona? The Law Office of Karen A. Schoenau can advocate aggressively for your rights. Contact us to discuss your case and schedule your free initial consultation with our Arizona divorce lawyer. Call 480-467-3435 to speak to our Scottsdale family law attorney today to find out how we can help.