You Have Questions… We Have Answers

How long must I have lived in Arizona prior to filing for divorce in an Arizona court?
In order to file for a divorce in Arizona, at least one of the parties must have resided in the State of Arizona for at least ninety (90) days prior to the filing of the action.

What is an uncontested divorce?
An uncontested divorce is one in which there are no disputes or disagreements between the parties as to legal issues. This can take place either through a consent decree or a default divorce. A default happens if the respondent in the divorce does not file a response and enter into negotiations for the terms of the divorce. A consent decree is where both parties have come to an agreement on all issues and sign the agreement, then send it to court for the judge to finalize.

What happens if my spouse doesn't reside in the State of Arizona?
Arizona divorce law doesn't require the defendant to be a resident of the State of Arizona, however; this could cause complications in regard to other aspects of the divorce.

What factors will the Court consider when awarding child custody?
When awarding child custody, the Court considers the physical and mental fitness of each parent. The Court also considers the roll that each parent plays in the child's life, including the parent's involvement with the children's health matters, their extra-curricular activities, religious matters, where and with whom the children have been living, and the interaction between parent and child.

How long does it take to get a divorce in Arizona?
The length of a divorce varies form case to case. If you and your spouse agree on everything the process of filing documents and getting final signatures will be faster than one where the spouse’s do not agree on everything. Most cases take approximately four- five months.

Can I get a divorce if I do not know where my spouse is?
Yes. Arizona allows service of process in several ways, one of which works well if you do not know where your spouse is. It’s called “service by publication” and requires first that you make a showing that you tried in good faith to find and serve them. However, if you need to get jurisdiction over your spouse in order to get property from them, spousal maintenance or child support, you will need to serve them and be aware of their location.

How does the Judge determine the amount of child support?
Arizona has Guidelines for determining the amount of support that should be provided for children. The Guidelines are based on the gross incomes of both parents. However, if the parent’s agree on a set amount, and the Court’s can allow this amount to be ordered.

How will the Judge determine the amount of spousal maintenance?
Spousal maintenance is awarded only if (1) a spouse lacks sufficient property to meet his/her reasonable needs, (2) a spouse must stay at home with a young child and cannot support him/herself with reasonable employment, (3) a spouse supported the other spouse while he/she obtained her education, or (4) the marriage was lengthy and a spouse is now of an age that he/she will be unlikely to find employment. The Court considers the length of the marriage, the age of each spouse, health, employment, and the standard of living established during the marriage when calculating spousal maintenance. Also, the Maricopa County Superior Court adopted a set of Spousal Maintenance Guidelines to assist the Court in calculating spousal maintenance.

How will our property and debt be divided?
Unfortunately, there is no fixed way to determine how property should be divided. In most cases, if you and your spouse agree on a division of property, the Court will usually approve your written agreement. If you cannot agree, the Court will equitably divide your property and debts.

Our Commitment to You

Each case is approached with dedication, relentless effort and the seriousness it deserves and demands. This is your life, but we treat each case as if it were our own. We understand the difficult time you are going through and will put forth the sincerity, thoughtfulness and hard work on your behalf.

It’s important to know that once you or the other party files for divorce, there are procedure’s that must be met on a timeline basis. If anything is not completed per the Court’s procedural outline, you could risk losing everything. For this reason alone, it is crucial that you contact an attorney to discuss your case.

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Our defense team consists of former prosecutors. We have experience in representing clients who are facing criminal allegations; we know how to investigate such matters and anticipate what the State will use against you. Our firm also has the availability to consult with several forensic experts to build a strong defense.

You need an aggressive attorney who is experienced to defend you and your rights. To schedule a FREE initial consultation call (480) 776-5757 or click here. Our firm will offer you our lowest rates, and payment plans are available.