Navigating Divorce in Phoenix: Your Guide to Finding the Right Lawyer

Divorce is a significant life event, especially when you’re facing it in Phoenix, Arizona. If you’re contemplating ending your marriage, or if you’ve already been served divorce papers, securing the advice and representation of a seasoned Divorce Lawyer Phoenix is paramount. The decisions you make now will profoundly shape your future and the well-being of your children. Divorce in Arizona can be intricate, and navigating it without experienced legal counsel can be incredibly challenging.

At Arizona Law Group, our team of dedicated Phoenix divorce lawyers understands that every family law situation is unique. We believe in a personalized approach, carefully considering the specific circumstances of each client, whether it’s a gray divorce for couples over 50 or complex asset division. When you consult with an Arizona Law Group attorney, we will take the time to listen to your story, understand your goals, and assess your concerns. Once we take on your case, we are committed to investing the necessary time to thoroughly understand your individual needs, the needs of your children, and your financial situation. We are here to provide tailored legal solutions and strategic guidance to help you navigate this difficult time.

Divorce in AZ: Dissolving the Marital Contract

Divorce Lawyer Phoenix

Legally speaking, divorce is the formal process of terminating a marriage contract. In Arizona, divorce, also known as dissolution of marriage, provides a legal framework to resolve critical issues arising from the end of a marital partnership. These key aspects include determining child custody and care arrangements, dividing marital assets and debts fairly, and establishing child support and spousal maintenance (similar to alimony) if appropriate. Upon finalization of the divorce, both individuals are legally free to remarry.

While the specifics of divorce law can vary from state to state, the fundamental principles applied by courts in divorce cases are generally consistent across the United States. If you are considering divorce in Arizona, it is crucial to consult with an experienced attorney at our law firm. We offer personalized attention, meticulous preparation, skilled negotiation, and, when necessary, assertive litigation for every case we accept. Some individuals, particularly fathers, may specifically seek a divorce lawyer for men in Phoenix. Regardless of your specific circumstances, our experienced team of marriage attorneys is dedicated to achieving the best possible outcomes for you while diligently protecting your marital assets. Contact us today to discuss your situation.

Jurisdiction: Why Does the Court Need Authority in Your Divorce Case?

Before an Arizona court can legally make decisions in your divorce case, it must have proper jurisdiction. Jurisdiction refers to the court’s legal authority to hear and rule on a case. This involves several types of jurisdiction:

Subject Matter Jurisdiction: The court must have authority over the type of case. In Arizona, Superior Courts have original subject matter jurisdiction over divorce, legal separation, annulment, child custody, and child support matters. This means they are the primary courts to handle these family law cases.
Personal Jurisdiction: The court must have jurisdiction over the individuals involved in the case (both spouses). This is typically established if one or both spouses reside in Arizona.
In Rem Jurisdiction: The court must have jurisdiction over the property in dispute, particularly marital assets. This allows the court to divide property located within Arizona’s borders.

Understanding jurisdiction is crucial, as a court order issued without proper jurisdiction can be deemed invalid and unenforceable. An experienced Phoenix divorce lawyer will ensure that your case is filed in the correct court with proper jurisdiction, safeguarding the validity of any orders issued.

Marriage and Divorce Rates in Arizona

Marriage and Divorce Rate in Arizona

Source: CDC/NCHS, National Vital Statistics System

Arizona, like many states, experiences both marriages and divorces. Statistics from the CDC and NCHS highlight the ongoing trends in marital and divorce rates. While marriage remains a significant social institution, divorce is also a reality for many couples. Understanding these trends can provide context, but it’s important to remember that every divorce case is unique and requires personalized legal attention.

Navigating Family Law Proceedings in Arizona Courts

Divorce Attorney Phoenix

The prospect of divorce can be daunting, filled with unfamiliar legal procedures and emotional complexities. Before making a final decision about divorce, it is wise to invest time in understanding how the dissolution of marriage unfolds in Arizona family courts and the key issues that must be addressed. For most individuals, divorce is uncharted territory, which is why engaging an experienced Phoenix divorce attorney to guide you through each stage of the process is invaluable. Acquiring accurate information about the divorce process can significantly reduce anxiety and empower you to make informed decisions.

At Arizona Law Group, our Scottsdale divorce lawyers possess extensive knowledge and experience in Arizona family law. We are equipped to assist you with a wide range of divorce situations, including:

Legal Separation: A legal alternative to divorce where couples live separately but remain legally married.
Annulments: A legal procedure that declares a marriage invalid from its inception, as if it never legally existed. (ARS 25-301)
No-Fault Divorce: The most common type of divorce in Arizona, where neither spouse needs to prove fault or wrongdoing to obtain a divorce.
Covenant Marriage Divorce: A specific type of marriage in Arizona with stricter requirements for divorce.
Military Divorce: Divorce cases involving members of the U.S. military, which have unique jurisdictional and procedural considerations.
Same-Sex Divorce: Divorces for same-sex couples, handled under the same legal framework as divorces for opposite-sex couples.

Annulment vs. Divorce: Understanding the Difference

It’s crucial to distinguish between annulment and divorce, as they are legally distinct. While both processes address issues like custody and child support, the fundamental difference lies in the legal status of the marriage. Divorce terminates a valid marriage, acknowledging that a legally sound marriage existed but is now ending. Annulment, on the other hand, declares that no valid marriage ever existed. It essentially deems the marriage null and void from the beginning, based on specific legal grounds such as fraud or lack of capacity to consent at the time of marriage.

Covenant Marriage: A Different Type of Marital Commitment

Arizona law allows couples to choose a covenant marriage, which is distinct from a standard marriage. Covenant marriages involve additional premarital counseling requirements and stricter grounds for divorce. The marriage license itself designates the couple’s covenant marriage election. Dissolving a covenant marriage is more complex than a standard no-fault divorce because specific grounds for divorce must be proven. However, even in a covenant marriage, parties can still mutually agree to dissolve their marriage.

Whether you are facing a contested or uncontested divorce, or dealing with the complexities of a premarital agreement (ARS 25-202), Arizona Law Group is ready to provide comprehensive legal assistance tailored to your unique needs.

Filing for Divorce in Arizona: Residency Requirements

To initiate divorce proceedings in Arizona, specific residency requirements must be met. According to Arizona law, either you or your spouse must have resided in Arizona for at least 90 days prior to filing the divorce petition. If jurisdiction is based on military service, and one spouse is a member of the armed forces stationed in Arizona, that military presence must have been maintained for at least 90 days before filing. If you are a military member or military spouse seeking divorce in Arizona, it is advisable to consult with a military divorce lawyer near you to understand the specific jurisdictional rules and procedures that may apply.

Service of Process: Legally Notifying Your Spouse

A critical step in the Arizona divorce process is service of process. Rule 4 of the Arizona Rules of Civil Procedure outlines how the divorce petition and summons must be officially delivered to your spouse, ensuring they receive legal notice of the divorce proceedings. Proper service is not merely a formality; it is a fundamental requirement for the court to have jurisdiction and for any court orders to be valid and enforceable. If service is not executed correctly, any subsequent court orders could be deemed invalid.

“Proof of service” must be filed with the court to demonstrate that your spouse was properly served. Rule 4 outlines several acceptable methods of service:

Service by Acceptance: Your spouse voluntarily accepts service by signing and returning a formal “Acceptance of Service” form.
Service by U.S. Mail or National Courier: Sending the documents via certified mail or a recognized courier service, requiring your spouse’s signature upon delivery. An “Affidavit of Service with Signature Confirmation” serves as proof.
Service by Private Process Server or County Sheriff: Hiring a professional process server or utilizing the sheriff’s department to personally deliver the documents to your spouse. The server then completes an “Affidavit of Service” as proof. For out-of-state service, an “Affidavit Supporting Out-of-State Service” is required.
Service by Publication: In situations where other service methods are unsuccessful, and your spouse’s location is unknown despite diligent efforts to find them, the court may allow service by publishing a legal notice in a newspaper of general circulation. “Affidavit Supporting Publication” is filed as proof. However, service by publication is generally a last resort, as there is no guarantee your spouse will actually see the notice.

To initiate a divorce in Arizona, you, as the Petitioner, must file a “Petition for Dissolution of Marriage” with the Clerk of the Superior Court and pay the required filing fee. Your spouse, the Respondent, must then be formally served with a copy of the Petition and a Summons. Once served, your spouse has 20 days (or 30 days if served out-of-state) to file a written response with the court. Failing to respond within the timeframe can lead to a default judgment against them. It is possible to request an extension of time to respond, so consulting with a divorce lawyer Phoenix is advisable if you need more time. The initial court documents in a divorce case are the Petition and the Response, forming the basis of the legal proceedings.

Contested vs. Uncontested Divorce: Understanding the Difference

contested and uncontested divorce papers Arizona Law Group arizona divorce attorney

Divorces in Arizona are broadly categorized as either contested or uncontested, depending on the level of agreement between spouses. Before a divorce can be finalized, all pertinent issues must be resolved, creating a “clean slate.” These issues typically include:

Spousal Maintenance (Alimony): Financial support from one spouse to the other.
Division of Separate Assets: Determining and assigning property that is considered separate property, belonging to only one spouse. (ARS 25-213)
Division of Community Property: Fair and equitable division of assets and debts acquired during the marriage. (ARS 25-215)
Pension and Retirement Account Division: Dividing retirement funds accumulated during the marriage, often requiring Qualified Domestic Relations Orders (QDROs).
Legal Decision-Making Authority and Parenting Plans: Establishing custody arrangements, including decision-making responsibilities and parenting time schedules for children.
Child Support Obligations: Calculating and ordering financial support for children.

An uncontested divorce occurs when both spouses reach a written agreement on all of these issues. This path avoids adversarial litigation and a trial because there are no unresolved disputes for a judge to decide. Settlement negotiations are a crucial part of the divorce process, and reaching agreements can significantly streamline the process. If you and your spouse are in agreement on all divorce terms, consulting an Arizona uncontested divorce lawyer near you can make the process smoother and less stressful.

Conversely, a contested divorce arises when spouses cannot agree on all necessary issues. If the Respondent disputes any aspect of the Petition, the divorce becomes contested. In such cases, the divorce proceeds through all stages of litigation, potentially including hearings, discovery, and ultimately, a trial where a judge will make decisions on the disputed matters.

Mediation: A Tool for Resolving Divorce Disputes

Yes, mediation is a valuable resource to help couples resolve disagreements in their divorce. Mediation is a form of alternative dispute resolution (ADR) that provides a structured setting for spouses to negotiate and potentially settle disputed issues before resorting to a trial. In Arizona, couples with children are often required to participate in the Conciliation Services’ court mediation program. The court can also order couples into ADR in other situations. Private mediation is also available for all couples and for any type of disputed issue, offering greater flexibility and control over the process.

Mediation involves a neutral third-party mediator who facilitates communication and helps spouses explore options and reach mutually agreeable solutions. When successful, mediation can significantly reduce conflict, time, and expense associated with divorce litigation. Issues resolved in mediation are removed from the trial agenda, while any remaining unresolved issues will be decided by a judge at a bench trial (a trial without a jury). It’s important to note that there are no jury trials in Arizona divorce cases. If a party disagrees with the trial court’s final judgment, they have the right to file a timely appeal. Your Arizona Law Group attorney can provide guidance and representation throughout the mediation process and in any subsequent appeals.

Key Components of Arizona Divorce Law

In Arizona divorces, three primary components consistently require attention and resolution: alimony (spousal maintenance), child custody, and property division.

Alimony (Spousal Maintenance)

Alimony, legally termed spousal maintenance in Arizona, is financial support awarded to one spouse by the other. It aims to address potential financial imbalances that may arise from the divorce, particularly if one spouse is in a significantly weaker financial position than the other. Several factors are considered when determining whether to award alimony and its amount and duration, including:

Length of the Marriage: Longer marriages are more likely to warrant spousal maintenance.
Age and Health of Both Spouses: Factors such as age, health conditions, and earning capacity are considered.
Financial Resources and Needs of Each Spouse: The court assesses each spouse’s income, assets, debts, and living expenses.
Earning Capacity: The court considers each spouse’s ability to earn income and whether one spouse needs time or training to become self-sufficient.
Contribution to the Marriage: Contributions made by each spouse to the marriage, including homemaking and childcare, can be relevant.
Conduct of the Parties: In some cases, marital misconduct may be considered, although Arizona is a no-fault divorce state.

A Phoenix alimony attorney can provide valuable guidance in assessing your legal options regarding spousal maintenance and advocating for your financial interests.

Division of Property: Equitable Distribution in Arizona

Property division is often one of the most complex and contentious aspects of divorce. Arizona is a community property state. This means that all property, assets, and debts acquired during the marriage, from the date of marriage until service of the divorce petition, are generally considered community property and are subject to equitable division in a divorce. Equitable does not necessarily mean “equal” in a strict 50/50 split, but rather fair and just under the circumstances. Judges have some discretion to ensure the property division is equitable.

Separate property is an exception to community property rules. Separate property includes assets and debts acquired before the marriage or received during the marriage as a gift or inheritance. Separate property remains the sole property of the spouse who acquired it and is not subject to division in the divorce. Determining whether property is community or separate can be complex, requiring careful analysis of asset acquisition dates and sources.

Child Custody: Legal Decision-Making and Parenting Time

Child custody arrangements are often the most emotionally charged aspect of divorce, focusing on the well-being of children. In Arizona, child custody encompasses two key components:

Legal Decision-Making: This refers to the authority and responsibility to make significant decisions regarding a child’s upbringing, including education, healthcare, and religious upbringing. Arizona law favors joint legal decision-making, where both parents share these responsibilities. Joint legal decision-making encourages cooperation and communication between parents in raising their children. However, sole legal decision-making may be awarded to one parent if joint decision-making is deemed not in the child’s best interests, such as in cases involving domestic violence or significant conflict.

Parenting Time: This pertains to the schedule outlining when each parent spends time with the child. The goal is to create a parenting time schedule that allows the child to maintain a meaningful and ongoing relationship with both parents, while prioritizing the child’s best interests. Arizona courts encourage frequent and continuing contact with both parents unless it is detrimental to the child. Parents are encouraged to develop a mutually agreeable parenting plan, which is then submitted to the court for approval. If parents cannot agree, the court will create a parenting time schedule based on the child’s best interests.

While legal decision-making and parenting time are distinct, they are often addressed together in custody orders. Arizona courts prioritize the best interests of the child in all custody decisions. A Phoenix child custody lawyer can provide essential guidance in navigating custody laws and advocating for arrangements that best serve your children’s needs.

Securing and Enforcing Child Support with a Phoenix Divorce Attorney

Ensuring your child’s financial needs are met is a primary concern in divorce. A skilled divorce lawyer in Phoenix can be instrumental in obtaining and enforcing child support orders. Arizona law prioritizes children’s well-being, and experienced attorneys can guide you through the legal process to establish a fair child support agreement based on Arizona’s child support guidelines. These guidelines consider factors like each parent’s income, childcare costs, and healthcare expenses to calculate a support amount.

If the other parent fails to comply with court-ordered child support payments, a lawyer can take legal action to enforce the order. Enforcement mechanisms can include wage garnishments (directly deducting support payments from the non-paying parent’s paycheck), property liens, and other legal remedies to ensure your child receives the financial support they are entitled to. Do not navigate the complexities of child support alone; contact Arizona Law Group for expert legal guidance and to secure the financial support your child deserves. Schedule your free consultation today!

The Divorce Petition: Initiating the Legal Process

The Petition for Dissolution of Marriage is the initial legal document that formally starts the divorce process in Arizona. It is crucial that certain statements within the petition are verified, meaning the Petitioner swears under oath that the information is true and accurate to the best of their knowledge. Required verified statements in the Petition include:

Personal Information: Full names, social security numbers, addresses, dates of birth, occupations, and duration of residency for both spouses.
Marriage Details: Date and location of the marriage.
Domestic Violence Disclosure: A statement indicating whether there has been significant domestic violence in the marriage.
Irretrievable Breakdown of Marriage: A declaration that the marriage is “irretrievably broken” with no reasonable prospect of reconciliation (additional allegations are required in covenant marriage cases).
Arizona Residency: Confirmation that at least one spouse has resided in Arizona for 90 days prior to filing (or meets military service residency requirements).
Children’s Information: Personal details about any minor children born to or adopted by the spouses.
Pregnancy Status: Information about whether the wife is pregnant and, if so, the expected due date and paternity.
Parenting Plan Agreement: Statement of whether the spouses have reached an agreement on a parenting plan.
Assets and Debts: Information about community property and separate property assets and debts.
Property Division Preferences: Petitioner’s desired division of assets (bank accounts, real estate, personal property, retirement accounts, vehicles, etc.).
Debt Allocation Preferences: Petitioner’s proposed allocation of marital debts.
Income Tax Arrangements: Desired income tax filing arrangements post-divorce.
Spousal Maintenance Request: Request for spousal maintenance or a statement that neither spouse is seeking it.
Written Agreements: Disclosure of any existing written agreements between the spouses.
Child Support Orders: Information about any pre-existing child support orders.
Parent Information Program Class: Confirmation that the Petitioner has attended the mandatory Parent Information Program Class (if applicable).
Prayer for Relief: The specific court orders requested, such as dissolution of marriage, name restoration, spousal maintenance, child support, etc.

When requesting specific relief, the Petitioner may specify whether they are seeking joint or sole legal decision-making, propose a parenting time schedule (including requests for supervised parenting time if necessary), and outline their desired property and debt division. The Petition also typically includes a request that each party be ordered to pay their respective marital debts and any community debts unknown to the other party. In many cases, the Petitioner will also include requests for additional specific court orders relevant to their situation.

Divorce Proceedings in Phoenix: Step-by-Step

The legal process for obtaining a divorce in Arizona is formally termed dissolution of marriage. The timeline for divorce varies significantly depending on whether the divorce is uncontested (both spouses agree on all issues) or contested (spouses disagree on one or more issues). A contested divorce often requires hearings where both sides present their positions on issues like child custody, child support, property division, and spousal maintenance before a judge makes a decision. In some cases, particularly when couples have already legally separated, the divorce process can be expedited.

Legal separation is a distinct legal status from divorce. In legal separation, spouses live apart but remain legally married. Arizona courts can issue orders for child support, parenting schedules, and spousal maintenance in legal separation cases, similar to divorce, but the marital bond remains intact. Legal separation does not permit remarriage. Legally separated spouses cannot file joint tax returns and must file as “married filing separately.”

Couples may choose legal separation for various reasons, including religious objections to divorce or to maintain benefits like health insurance coverage through a spouse’s employer. If a couple initially chooses legal separation and later decides to divorce, the process can be faster and more streamlined if they have already agreed on terms in a separation agreement.

Partial Agreements in Divorce

In some divorce cases, spouses may reach agreement on some, but not all, of the issues. For example, they might agree on child custody and property division but disagree on spousal maintenance. In such situations, attorneys may advise spouses to enter into a partial agreement. This agreement resolves the issues they have agreed upon, moving the divorce process forward and narrowing the scope of issues that remain for the court to decide. A partial agreement can save time, expense, and reduce conflict by resolving agreed-upon matters and focusing litigation only on the truly disputed issues.

Collaborative Divorce: An Alternative Approach

Collaborative divorce in Arizona offers a constructive alternative to traditional, adversarial divorce litigation. It provides a path for spouses who are willing to cooperate and work together with their attorneys as a team to resolve all divorce issues outside of court. In collaborative divorce, spouses and their attorneys commit to a process of open communication, information sharing, and good-faith negotiation to reach mutually acceptable solutions. Sometimes, neutral professionals like mediators or financial specialists are brought in to assist with complex issues.

Collaborative divorce is generally a more amicable and less emotionally damaging process than litigated divorce. It is often faster and more cost-effective than court battles and tends to foster better post-divorce co-parenting relationships and communication between former spouses. Once spouses reach complete agreement on all divorce matters through the collaborative process, the agreement is submitted to the court for approval, and a judge typically signs off on the agreement, issuing a final divorce decree.

Changing Your Name After Divorce

Do you want to revert to a previous last name or maiden name after your divorce? You can include a name change request directly in your divorce petition. If granted as part of the divorce decree, your name will be legally changed upon finalization of the divorce. Alternatively, you can seek a name change after the divorce is finalized by filing a separate “Application for Change of Name for an Adult” in civil court. A divorce attorney near you can assist with either name change process.

Preliminary Injunction: Protecting the Marital Estate

It is essential to understand the preliminary injunction that automatically goes into effect upon the filing of a divorce petition in Arizona. This court order, mandated by ARS § 25-315, places temporary restrictions on both spouses’ actions during the divorce proceedings. It serves as an important protective measure to preserve the marital estate and prevent unilateral actions that could harm the other spouse or marital assets.

Unless your spouse provides written consent or you obtain permission from the judge, the preliminary injunction prohibits certain actions, including:

Concealing Assets: Do not hide income or community property from your spouse.
Encumbering Marital Property: Do not take out loans secured by community property without consent or court order.
Disposing of Marital Assets: Do not sell, transfer, or give away community assets without written consent or court authorization, except for exceptions like ordinary business operations or using marital funds for necessities (food, shelter, clothing, legal fees) related to the divorce (ARS 25-324).
Harassment or Abuse: Do not harass, physically abuse, or threaten your spouse or children.
Removing Children from Arizona: Do not remove children from Arizona without written agreement from your spouse or a court order.
Insurance Coverage: Maintain all existing insurance policies and do not remove your spouse or children from coverage.

Understanding and adhering to the preliminary injunction is crucial to avoid potential legal penalties and complications in your divorce case.

Divorce Settlement Process and Alternative Dispute Resolution (ADR)

In Arizona, divorce cases are ultimately decided by a Superior Court judge if spouses cannot reach agreements. Key issues such as spousal maintenance (ARS 25-322), child custody, parental rights, asset and debt division, and child support must be resolved before a divorce decree can be granted. However, Arizona law strongly encourages spouses to resolve these issues through settlement agreements whenever possible. Agreements reached by spouses are legally binding and can be incorporated into the final divorce decree. Rule 69, Arizona Rules of Family Law Procedure (ARFLP).

Arizona’s court system offers a settlement program, also known as Alternative Dispute Resolution (ADR), in family law, civil, and probate cases. This program often involves a Resolution Management Conference (RMC) presided over by a commissioner or judge pro tempore. At the RMC, the neutral judicial officer provides a non-binding advisory opinion on the likely outcome of each party’s legal positions if the case were to proceed to trial. This neutral assessment can often serve as a valuable “reality check” for both parties, encouraging them to reconsider their positions and explore settlement options to avoid the uncertainty and expense of trial.

Separation Agreements: The Foundation for Uncontested Divorce

When spouses reach a comprehensive separation agreement that addresses all issues in their divorce, they pave the way for an uncontested divorce, avoiding the need for litigation and trial. In an uncontested divorce, the court reviews the separation agreement, and if it is deemed fair and legally sound, a consent decree is entered by the family court judge, dissolving the marriage based on the terms of the agreement.

The purpose of a separation agreement, as recognized in A.R.S. § 25-317 legislative history, is to “promote amicable settlement of disputes between parties to a marriage attendant on their separation or the dissolution of their marriage.” Separation agreements can cover a wide range of provisions, including property division, spousal maintenance, child custody, and child support.

Even in complex divorces involving long marriages and substantial marital assets, spouses can successfully negotiate property settlements that are documented in separation agreements. The separation agreement then becomes an integral part of the court’s final decree of dissolution, providing a legally binding roadmap for the couple’s post-divorce life. Read more about Property Settlement and Separation Agreements to understand this crucial aspect of divorce.

Partial Agreements: Progress Towards Resolution

Even if complete settlement is not immediately achievable, spouses can make progress by entering into partial agreements. Partial agreements resolve the issues they can agree on, narrowing the scope of disputes that remain for court determination. Even with partial agreements, the divorce case will proceed through litigation and potentially trial for the unresolved issues. However, by resolving some issues through agreement, spouses can streamline the process, reduce the issues a judge must decide, and potentially save time and legal fees.

Mediation and Collaborative Divorce as ADR Options

Throughout the divorce process, spouses are encouraged to utilize Alternative Dispute Resolution (ADR) methods like mediation and collaborative divorce. Spouses may voluntarily participate in ADR, or a judge may order them to engage in mediation, particularly regarding parenting plan matters. Court-ordered mediation services, such as Conciliation Services, or private mediators can be utilized.

Collaborative divorce is another form of ADR where spouses and their attorneys commit to resolving their divorce through negotiation and cooperation, outside of court. If either party initiates litigation, both attorneys are disqualified, incentivizing a good-faith commitment to the collaborative process.

Settled issues, whether through mediation, collaborative divorce, or direct negotiation, are removed from the trial agenda. Any remaining unresolved issues will be decided by a judge at a bench trial. If a party disagrees with the court’s final judgment, they have the right to file an appeal. Arizona Law Group attorneys are experienced in handling divorce appeals. If you are seeking experienced divorce attorneys in Peoria, contact us today to discuss your options.

Remarriage After Divorce in Arizona

Once the court issues a final divorce decree, the marriage is legally terminated, and both parties are free to remarry. Arizona does not impose a waiting period after divorce before remarriage is permitted. However, it is important to note that unless specifically stated otherwise in the divorce decree, remarriage will automatically terminate any spousal maintenance or alimony obligations.

Default Divorce in Arizona

default divorce

Default divorces are not uncommon in Arizona, particularly in cases where spouses have no minor children and are in complete agreement on all divorce terms. A default divorce can occur when the Respondent, after being properly served with the divorce Petition and Summons, chooses not to file a formal response with the court. This may indicate an agreement with the Petitioner’s requests or a decision not to contest the divorce.

To proceed with a default divorce, the Petitioner must file an Application and Affidavit for Default with the court after the Respondent’s response deadline has passed (typically 20 or 30 days after service). A copy of the filed application and affidavit must be mailed or hand-delivered to the Respondent. After waiting at least 10 business days, the Petitioner can schedule and attend a default hearing (in some cases, a default decree can be requested without a hearing).

At the default hearing, the Petitioner must present required court documents, including:

Application and Affidavit for Default
Proof of Service
Petition for Dissolution of Marriage
Legal decision-making and parenting time request (if applicable)
Parent Information Program Certificate (if applicable)

If the court grants the motion for default, the divorce process proceeds administratively. Once all required documents are submitted and reviewed by the court, a default divorce decree is issued and mailed to both parties, finalizing the divorce.

COBRA: Maintaining Health Insurance Coverage After Divorce

Divorce often has significant implications for health insurance coverage, particularly employer-provided group health insurance for dependents. Understanding insurance options, coverage terms, and replacement costs is a crucial part of divorce planning, similar to asset and debt division. Health insurance considerations should be discussed when negotiating spousal maintenance or parenting plans, especially regarding children’s healthcare coverage.

The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal law that may allow for continued health insurance coverage for dependents (children and former spouses) after divorce, under certain conditions. Not all employers are subject to COBRA provisions, so it’s important to verify if COBRA applies in your situation. Both divorce and legal separation (ARS 24-317) are qualifying events that trigger COBRA eligibility.

Under COBRA, a non-employee spouse, as a qualified beneficiary, has the right to elect to continue coverage under the former spouse’s employer-sponsored group health insurance plan by paying the premiums. COBRA coverage can typically continue for 18 months, and in some circumstances, for up to 29 or 36 months after divorce, depending on the qualifying event and beneficiary status.

To initiate COBRA coverage, proper notice of the divorce or legal separation must be given to the group health benefit plan administrator. This notice can be provided by the employee-spouse, non-employee spouse, or a qualified dependent. Once notice is given, the qualified beneficiary is provided an election period of at least 60 days to choose whether to continue coverage under COBRA. COBRA provisions are amendments to the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and the Public Health Service Act, ensuring important healthcare continuation rights for divorcing individuals and their families.

Self-Help Resources: Maricopa County Superior Court

For Maricopa County divorce information and resources:

Maricopa County Superior Court offers a valuable website with do-it-yourself court forms for divorce and other civil matters. While these resources can be helpful for basic information and forms, it is strongly recommended that every individual facing divorce consult with a Phoenix divorce lawyer before making critical decisions about child custody (especially fathers seeking to understand their parental rights with a men’s divorce lawyer), property division, and financial support. Even if you choose to handle your divorce “pro se” (without an attorney), seeking initial legal advice can be invaluable. If you prefer to proceed with a DIY divorce in Arizona, familiarize yourself with the available forms and resources.

The Arizona Judicial Branch provides a historical repository of divorce and child custody guidelines accessible to the public. ASU’s family law research guide also offers valuable information about divorce, child custody, child support, and spousal maintenance obligations in Arizona.

Arizona Law Group also provides a FREE e-divorce handbook, The 7 Must-Do Items for Divorce Planning, offering essential information on how to begin divorce proceedings in Maricopa County (or elsewhere in Arizona) and other important divorce-related topics. We also have an informative article on how to file for divorce in Arizona, providing a step-by-step guide to the process.

Coping Emotionally with Divorce

Divorce is not only a legal process but also a deeply emotional one. Family law matters often evoke strong emotions, and your well-being and your children’s safety should be your top priorities. The stress of divorce can be overwhelming, impacting your focus, finances, work or school performance, and overall energy levels. If you are experiencing emotional distress, seeking counseling or therapy is highly recommended. Divorce support groups and mental health professionals specializing in divorce can provide valuable coping strategies and emotional support during this challenging time.

When to File for Divorce in Phoenix

Deciding to file for divorce is a personal and often difficult decision. If your marriage has lost intimacy and companionship, and efforts to improve the relationship have been unsuccessful, divorce may be the necessary next step. If you initiate the divorce process by filing first, you become the Petitioner, and your spouse becomes the Respondent. If you are considering filing for divorce in Phoenix, it’s important to understand the legal requirements for filing in Arizona:

Residency Requirement: Either you or your spouse must have been an Arizona resident for at least 90 days.
Waiting Period: If neither spouse meets the 90-day residency requirement, you must wait until one or both of you have lived in Arizona for the required period.
Children’s Residency: If divorcing spouses have children, the children must have resided in Arizona for at least 6 months for the court to have jurisdiction to make custody and child support orders.
Respondent’s Response Time: The Respondent has up to 20 days (or 30 days if served out-of-state) to file a response to the divorce petition before the case can proceed further.

Once you have decided to file for divorce, hiring an experienced Phoenix divorce attorney can ensure your case moves forward efficiently and effectively. Your attorney will keep you informed about the progress of your case, explain what to expect next, and provide realistic timelines for the process.

How a Divorce Attorney in Phoenix Can Help You

Navigating a divorce case can be incredibly complex and overwhelming when you try to do it alone. Here are specific ways a divorce attorney in Phoenix can provide invaluable assistance:

Expertise in Arizona Family Law: Divorce laws vary from state to state, and having a lawyer with in-depth knowledge of Arizona-specific divorce laws is essential. This expertise allows them to develop effective legal strategies and provide accurate advice tailored to your situation.
Accurate Documentation and Filing: Divorce cases involve substantial paperwork, and proper and timely filing of documents with the court is critical. A skilled attorney ensures all necessary documents are correctly prepared, filed on time, and comply with court rules, preventing errors that could negatively impact your case.
Effective Communication and Negotiation: Even in amicable divorces, disagreements can arise. A skilled attorney acts as a crucial communicator and negotiator, working to facilitate constructive dialogue, protect your rights, and strive for a reasonable settlement.
Protecting Your Financial Future: Dividing marital assets and debts is a significant aspect of divorce. An experienced Arizona divorce attorney can help safeguard your financial interests by working to negotiate a fair and equitable division of property and liabilities. They can also assist in assessing spousal support and considering tax implications of financial settlements.
Objective Guidance During an Emotional Time: Divorce is an emotionally charged process, often making it difficult to think clearly and make rational decisions. An experienced divorce attorney provides objective, level-headed advice, helping you focus on long-term implications and make sound decisions based on legal principles rather than solely on emotions. This objective perspective is invaluable in achieving a fair and equitable outcome.

Spousal Maintenance (Alimony) Orders in Phoenix Divorces

Spousal maintenance, or alimony, is not automatically awarded in every divorce case in Phoenix. However, it may be appropriate in certain circumstances. Typically, one spouse requests spousal maintenance, either as part of temporary orders during the divorce process or as part of the final divorce decree. Spousal maintenance aims to bridge a financial gap when one spouse earns significantly less income than the other. In most cases, spousal maintenance is intended to be temporary, providing the lower-earning spouse time to become self-sufficient through employment, career advancement, or further education or training. Spousal maintenance can prevent one spouse from experiencing undue financial hardship or a significant decline in their standard of living after divorce. It is particularly common in cases where one spouse sacrificed career opportunities to care for the home and children or supported the other spouse’s career advancement to the detriment of their own career goals.

Free Marriage Counseling for Arizona Couples

Yes, free marriage counseling services are available to Arizona couples through the Family Court’s Conciliation Services. This counseling is offered when either spouse desires to attempt reconciliation or resolve marital disputes, regardless of whether a divorce, legal separation, or annulment action has been filed. Conciliation Services provides a confidential and neutral setting for couples to explore their issues and work towards potential solutions.

Client Testimonial

“My attorney, Christa Banfield, was more knowledgeable and responsive than I ever imagined a lawyer would be. The divorce process is a long, complicated, nerve-racking endeavor where you can feel that the law isn’t fair and that you might lose everything, but Christa remained a confident, calming influence throughout the entire process. From my initial consultation to the final decree, I was sure that Christa had my interests protected. She is intelligent, honest and straightforward in her advice; exactly what you need a lawyer to be. She astutely informed me about my options and guided me through tough times where I focused more on emotion than logic. I suppose no one ever really “wins” in a divorce, but I am completely satisfied with Christa’s representation and recommend her highly to anyone going through this difficult process.”

Rating: 5/5 ⭐⭐⭐⭐⭐ Robert Collison Read more of our 62+ reviews on Google!

Arizona Law Group 202 E Earll Dr Ste 160 Phoenix, AZ 85012 Phone: 602-548-3400 Hours: 8 a.m. – 5 p.m.

Need a Phoenix Family or Divorce Lawyer Near You?

Choosing the right Phoenix family law attorney is a critical decision that will significantly impact the outcome of your divorce proceedings. Arizona Law Group is dedicated to helping clients navigate complex family law and divorce matters, including issues like unmarried step-parent rights. Contact Arizona Law Group in Arizona today at 602-548-3400 for a consultation.

We have multiple attorney office locations with experienced family and divorce lawyers in Phoenix and surrounding areas. If you are searching for a “family law attorney near me,” Arizona Law Group has proudly served Maricopa County, Pinal County, and all of Arizona since 2004. With convenient office locations in Phoenix, Scottsdale, Chandler, Glendale, Mesa, Peoria, Tempe, and Gilbert, we invite you to visit the location most convenient for you.

Frequently Asked Questions About Divorce in AZ

Common Law Marriage in Arizona?

Is common law marriage recognized in Arizona? No, Arizona does not recognize the creation of common law marriages within the state. A couple cannot become legally married in Arizona simply by living together, regardless of how long or how they present themselves to the public.

However, Arizona does recognize valid common law marriages that were legally established in states that do permit them. If a couple with a valid common law marriage moves to Arizona, their marriage will be recognized here, and they would need to obtain a divorce in Arizona to legally end their marriage.

The following states and the District of Columbia recognize common law marriage under certain conditions: Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, Georgia (if created before Jan. 1, 1997), Idaho (if created before Jan. 1, 1996), Ohio (if created before Oct. 10, 1991), and Pennsylvania (if created before Jan. 1, 2005).

Can My Spouse Be Ordered to Pay My Attorney Fees?

Can I make my spouse pay for my divorce attorney? In some Arizona divorce cases, yes. Arizona courts have discretion to award attorney’s fees against one party in certain situations. In other instances, the court shall award fees, such as when a Petition is filed in bad faith or lacks factual or legal basis. Attorney’s fees are more likely to be awarded if a Petition was filed for an improper purpose (e.g., delay tactics, increasing litigation costs), if a party takes an unreasonable legal position, or if there is a significant disparity in the spouses’ incomes. Educating yourself about your family law case can help minimize legal costs.

Best Interest of the Child Standard

What is the “Best Interest of the Child” Standard in Arizona Custody Cases? Arizona courts determine legal decision-making (custody) and parenting time arrangements based on the best interests of the child. This is the paramount standard guiding all custody decisions. The court considers a wide range of factors relevant to a child’s physical and emotional well-being, including:

The past, present, and potential future relationship between each parent and the child.
The interaction and interrelationship of the child with parents, siblings, and any other significant persons in the child’s life.
The child’s adjustment to home, school, and community.
If the child is of suitable age and maturity, the child’s wishes regarding legal decision-making and parenting time.
The mental and physical health of all individuals involved in the case.
Which parent is more likely to facilitate frequent, meaningful, and continuing contact between the child and the other parent (unless a parent is acting in good faith to protect the child from domestic violence or abuse).
Whether a parent intentionally misled the court, causing unnecessary delay, increased litigation costs, or attempting to gain an unfair advantage in custody or parenting time.
History of domestic violence or child abuse by either parent.
The nature and extent of coercion or duress used by a parent in obtaining agreements related to legal decision-making or parenting time.
Whether a parent has complied with parent education requirements.
Whether either parent has been convicted of false reporting of child abuse or neglect.

Are Divorce Attorney Fees Tax Deductible?

Are my divorce attorney’s fees tax deductible? Generally, no. Under current IRS regulations and Internal Revenue Code § 212, divorce attorney fees are typically not tax deductible. A very narrow exception exists under IRC § 212, allowing deductions for expenses (including legal fees) incurred for the production or collection of gross income. This exception rarely applies to typical divorce cases. For specific tax advice, consult with a qualified tax professional.

Do I Need to Hire a Divorce Attorney?

Am I required to hire an attorney for my divorce in Arizona? No, there is no legal requirement to hire a divorce attorney in Arizona. You have the right to represent yourself in court, known as proceeding “pro se” or “in propria persona.” However, while not mandatory, hiring a Phoenix divorce lawyer is highly advisable, especially in complex cases involving children, significant assets, or contested issues. Even in seemingly simple cases, legal counsel can ensure your rights are protected and you understand the legal implications of decisions made in your divorce. If you and your spouse can agree on all terms, you may pursue an uncontested divorce without attorneys, but legal advice is still recommended. If you cannot agree, the court will ultimately decide the disputed issues for you.

Presenting Evidence and Witness Testimony at Trial

Who presents evidence and witness testimony at a divorce trial? In an Arizona divorce trial, each party (or their attorney) presents evidence and witness testimony to support their case. Evidence can be in the form of documents, financial records, photographs, and verbal testimony from witnesses. Witnesses are placed under oath and questioned by attorneys (or the parties themselves if proceeding pro se). Attorneys do not testify as witnesses; their role is to present evidence and examine witnesses. Subpoenas can be issued to compel witnesses to appear in court and to produce relevant documents. Failure to comply with a subpoena can result in court sanctions.

Resolution Management Conference (RMC)

What is the purpose of the Resolution Management Conference (RMC) in Arizona divorce cases? The primary purpose of the Resolution Management Conference (RMC) is to facilitate settlement and resolve issues in a divorce case before it proceeds to trial. An RMC can be requested by a party or scheduled by the court. Prior to the RMC, each party must file a Resolution Statement outlining their position on every remaining disputed issue, including custody, child support, spousal maintenance, property division, attorney’s fees, and any other relevant matters. At the RMC, a judge or commissioner facilitates discussion and may provide non-binding guidance to help parties reach agreements. If settlement is not achieved at the RMC, the court will typically set the case for trial.

Social Media and Divorce

Should I post on social media during my divorce? Yes, you can, but exercise extreme caution. During divorce proceedings, your online activity is under heightened scrutiny. Anything you post on social media – photos, comments, location check-ins, etc. – can potentially be used against you in court. Social media evidence can be gathered and used to challenge your credibility, undermine your legal positions, and even raise concerns about your parenting abilities. Be mindful of your online presence and avoid posting anything that could be misconstrued or used against you in your divorce case.

Recording Spouse’s Phone Conversations

Can I secretly record my spouse’s telephone conversations in Arizona? Arizona law, specifically A.R.S. § 13-3005, permits recording a phone conversation if at least one party to the conversation consents to the recording. This means you can legally record your own phone conversations. However, it is illegal in Arizona to record a phone conversation between your spouse and a third party without the consent of at least one of them. Be aware that other states have different recording laws, some requiring “two-party consent” (all parties must consent to the recording). If you record a call with someone in a two-party consent state without their knowledge, you could be violating their state’s laws.

Eavesdropping on Spouse’s Communications

Is it a crime to eavesdrop on my spouse’s phone calls or emails in Arizona? Yes. Arizona law prohibits eavesdropping on electronic communications, including data transmitted by computer or telephone. It is a crime to intentionally eavesdrop on another person’s communication, even if that person is your spouse. Eavesdropping, in this context, is considered spying and involves intentionally intercepting oral or electronic communications without consent. Wrongful, intentional, and deliberate eavesdropping is a felony offense under A.R.S. § 13-3005 and can carry serious criminal penalties.

Best Way to Handle Divorce Issues

What is the best way to handle all of the issues in my divorce? The most effective approach to divorce is to be well-informed and proactive. Understand your legal rights and responsibilities under Arizona divorce laws, as well as your spouse’s rights. Familiarize yourself with the protections in place for your children. Knowledge and preparation are key to navigating the divorce process more smoothly and making informed decisions. Seeking legal advice from a divorce lawyer Phoenix early in the process is highly recommended.

Finding the Best Family Law Attorney in Arizona

How Do I Find The Best Family Law Attorney in Arizona? Finding the right family law attorney involves research and asking the right questions. Start by gathering information about attorneys in your area. Seek recommendations from trusted sources – friends, family, colleagues, neighbors, or business contacts who have had positive experiences with Arizona divorce attorneys. Professionals who work with families, such as clergy or mental health counselors, can also be valuable sources of attorney referrals. Once you have a list of potential attorneys, schedule consultations to discuss your case and assess their experience, approach, and communication style.

Discovery in Divorce Cases

What is “discovery” in a divorce case? “Discovery” in Arizona divorce cases, formally referred to as “disclosure and discovery” in the Arizona Rules of Family Law Procedure, is the process of gathering evidence and information relevant to the case. Discovery involves formalized exchange of information between parties in litigation. Generally, any information that is relevant to the issues in the divorce, or that could lead to relevant information, is discoverable. Through discovery, each party gains a clearer understanding of the facts, evidence, and the strengths and weaknesses of each party’s legal positions.

There are important limitations on discovery:

Relevance: The information sought must be relevant to the divorce case.
Privilege: Legally privileged information (e.g., attorney-client privilege) is not discoverable.
Undue Burden: One party cannot overwhelm the other with excessive or burdensome discovery requests.
Harassment: Discovery cannot be used to harass or embarrass the other party.

Protecting Your Credit Rating During Divorce

How can I protect my credit rating during divorce? Divorce can have negative impacts on credit scores if not managed carefully. To protect your credit rating during divorce:

Close or Freeze Joint Credit Cards: Consider closing or freezing joint credit card accounts to prevent either spouse from incurring further joint debt.
Close Joint Bank Accounts: Close joint bank accounts and open new accounts in your name alone to manage your finances independently.
Monitor Credit Reports: Regularly check your credit reports for any unauthorized activity or errors.
Maintain Payments: Continue to make timely payments on any debts in your name to avoid negative credit reporting.

If you need assistance with your divorce, Arizona Law Group is here to help. We have office locations throughout the Phoenix area, including Gilbert, Chandler, Peoria, Surprise, Scottsdale, and other convenient locations. Contact one of our divorce lawyers in Gilbert or another office near you today for expert legal guidance.