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Although divorce is relatively common, this legal proceeding can lead to stress and painful emotions. As a result, it can be difficult to keep a clear and objective mindset throughout the Phoenix divorce process, which can harm your interests.
If you are filing for divorce, you need a family law firm on your side—and the Law Office of Karen A. Schoenau can help. Our Phoenix divorce lawyer advocates for your rights during divorce proceedings and work diligently to achieve an optimal resolution in your case.
While we work on divorce cases, several other family law issues may occur during the process. These may also make an impact on your final divorce decree. Examples of other family law issue our Phoenix divorce attorney has experience with include the following:
You will need to discuss all of your potential issues with your Phoenix divorce lawyer so they can determine the best legal route to take.
To file a divorce petition in Arizona, you or your spouse must have lived or have been stationed at a military base in the state for at least 90 days. Some states require the presence of allegations such as adultery or domestic violence for a divorce to be granted. Arizona is a no-fault divorce state, meaning that either spouse can file for divorce without allegations or proof of fault.
There are two types of divorce you may be facing in Arizona, contested and uncontested. An uncontested divorce is often easier to handle since both of the divorcing spouses agree to all of the terms laid out in front of them. You might be able to finalize your divorce without ever seeing the inside of a courtroom or a trial. This does not mean that you will not need a Phoenix divorce attorney.
In a contested divorce, both spouses will often disagree on nearly every aspect of the divorce. While the attorneys for each party will work to find compromise and reach an agreement between the two parties, this kind of divorce may go to trial. During a divorce trial, a judge will hear both sides of the case and come to a ruling. This often leads to both parties being unhappy with the final decision. This is why a family law attorney will often try to resolve the case before trial. However, not every divorce case can be resolved in this manner.
To initiate the divorce process, you will first file a petition for the dissolution of your marriage with the appropriate court. This document will inform the court of your intent to file for divorce and outline certain requests, such as Phoenix child custody arrangements and spousal support payments. You will then need to serve your spouse with the petition through certified mail, a private process server, or a sheriff.
Once your spouse is served the petition, he or she will have 20 days to file a response. Out-of-state spouses have 30 days to respond. There are three directions that your divorce can proceed at this stage.
After your spouse enters a response to your divorce petition, the proceedings will begin, and your case will enter the discovery period where you share evidence and ask your spouse questions before your case enters trial. Before trial, however, you may have the option to resolve your Phoenix divorce through mediation.
During mediation, a neutral trained mediator will help you and your spouse come to an agreement on the terms of the divorce. This prevents you from entering trial and having a judge decide the terms for you. Mediation is typically faster, less expensive, and more predictable than the courtroom, so it may be a preferable option. Speak to a Phoenix divorce attorney at the Law Office of Karen A. Schoenau to determine your optimal path to resolution.
We understand that you will want to sever all ties with your ex once a relationship ends. You will want the divorce process to go as quickly as possible. While some divorce cases can be settled in 60 days, others will take much longer. Divorce cases can often be resolved in two to four months, but some do take much longer. Cases set for trial will often take over four months to resolve. Contentious divorces will often be the ones that are drawn out. Our Phoenix divorce attorneys will work to resolve your case in as little time as possible.
A temporary order hearing may need to be established immediately upon filing for divorce if the following issues cannot be agreed on and may take some time to resolve:
These issues will be discussed in a family law court if both parties cannot determine on their own. As the name suggests, these are temporary orders and can be finalized throughout the divorce process with the help of a Phoenix divorce attorney. If both parties agree on the terms, they may stay this way and be set in the final divorce decree.
If you are filing for divorce in Phoenix, the Law Office of Karen A. Schoenau can help. Our experienced family law attorney can help protect your rights throughout your case. Contact us online to schedule your free consultation and discuss your case. Call 480-467-3435 to speak to our Scottsdale divorce lawyer and find out how we can help today.