Divorce, Separation, Custody, Child Support, Visitation, Alimony, Paternity
Phoenix
San Diego
ATTORNEY LAWYER
A Different Kind
of Law Firm SM
11811 N. Tatum Boulevard
Suite 3031
Phoenix, AZ 85028
990 Highland Drive
Suite 212B
Solana Beach, CA 92075
Ph: 800-966-5215
Fax: 800-966-5214
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Family Law Arizona
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Divorce in Arizona is technically called dissolution of marriage. One spouse must have lived in Arizona for at least ninety days to file in Arizona.
Arizona is a no-fault state, which means that spouses do not have to prove fault or blame to end the marriage in a non-covenant marriage. You need only show that the marriage is "irrevocably broken."
Arizona law law requires a 60 day waiting minimum waiting period from the time the other party is properly served before the dissolution can be final. You cannot remarry until the day after your divorce is final. You can obtain a dissolution of marriage without your spouse's consent.
Your case must be filed in the proper location (jurisdiction), depending on the area in which you live.
Annulment
and Legal Separation
If you prefer, you can obtain an Annulment or Legal Separation in Arizona, rather than a divorce.
An annulment essentially means your marriage never existed. There are only a few grounds that qualify for an annulment. Please contact us for further information.
Sometimes legal separation is preferred to dissolution. You can still obtain a court order regarding custody, visitation, support, and assets/debts, similar to what occurs in a dissolution.
On August 21, 1998, the State of Arizona established another type of marriage called a "Covenant Marriage." You must meet additional requirements to obtain a divorce in this type of marriage. You must prove to the court you have one of the following grounds for divorce: 1) adultry, 2) felony conviction, 3) abandonment of the marital home for at least one year, 4) physical or sexual abuse, 5) you have been living apart for at least two years, 6) you have been living apart for one year since the date a decree for legal separation was entered, 7) drug or alcohol abuse, or 8) both parties agree to a dissolution of marriage.
Spousal maintenance is the technical word for alimony in Arizona. The court may order that one spouse pay the other support for a certain period of time.
To determine whether support will be awarded and how much the award will be, the court will consider factors such as: the standard of living during the marriage, the length of the marriage, the age, health, incomes, current assets, contributions to the other spouse's education, any financial unfairness during the marriage, and earning capacities of both spouses.
The receiving spouse will pay income taxes on the support received and the paying spouse is entitled to a tax deduction for the support paid.
Any support order or non-support order can be modified down the road if circumstances change, provided that the court reserves jurisdiction over the issue. The receiving spouse can also obtain a wage assignment (wage garnishment) directly from the paying spouse's employer.
Both parents are both responsible for supporting the children until they reach the age of 18 or 19 if they're still in high school. The amount of support is determined by the use of established guidelines, based on each parent's income and the amount of time the child(ren) are in his/her custody.
The receiving parent does not report it as income for tax purposes, and the paying parent is not entitled to a tax deduction. The receiving spouse can obtain a wage assignment (wage garnishment) directly from the paying spouse's employer.
Additionally, both parents are typically equally responsible for uninsured medical, dental, and child care expenses.
The easiest and most effective and way to resolve custody/visitation issues is for both parents to reach an agreement on a parenting plan. The judge will usually accept such a plan and will make it a court order. If you're having difficulty reaching an agreement, it's a good idea to utilize the mediation process, whereby a neutral mediator will assist the parents in creating such a plan. Preferably, the parents will reach an agreement. If they cannot, the court will eventually determine what's in the best interest of the child and will make an Order.
The judge may give sole physical and/or legal custody to one parent, or joint physical and/or legal custody to both parents. In some cases the judge may even give custody to someone else if it's in the best interest of the child. The judge will consider factors such as the child's health, safety and welfare, and any history of abuse.
Sole physical custody means the children live with one parent and have visitation with the other parent. Joint physical custody means the children live with both parents on a regular basis.
Sole legal custody means one parent has the right to make decisions regarding the health, education, and welfare of the children. Joint legal custody means both parents have the right to make such decisions jointly.
The judge will consider the child's wishes if the child is of sufficient age and capacity, but the judge is not required to follow the child's wishes.
The judge may order supervised visitation with one parent if necessary to protect the child. The judge may also give stepparents and grandparents visitation in certain circumstances. The mediator may also meet with the child during the mediation process as well.
You may request a paternity test to determine who the father of the child is. Paternity determination is required in order to receive an order for child support.
You may request a modification of a existing custody, visitation, or support order when there is a change of circumstances that would warrant such a modification.
Arizona is a community property state, which means that assets/debts acquired during the marriage are community property, with certain exceptions. This means each spouse owns half the asset or is responsible for half the debt, regardless of whose name is on it, unless you agree to an unequal division.
Assets and debts acquired before the marriage, after the date of separation, or by gift or inheritance are separate property, with certain exceptions. Separate property is not divided in a dissolution. It remains the property of the spouse who acquired it.
It
can be complicated to identify separate property when it has been mixed
with community property. However, using complex tracing
requirements you could be entitled to receive your separate property
back even if it has been mixed. You should consult an attorney for
advice in this regard.
Debts incurred before your marriage or after the date of separation are
considered your separate property debts and your spouse is not liable
for them, with certain exceptions.
It's best if you and your spouse can agree on the division of assets and debts, but if you cannot, the judge will make the decision for you. It's important to realize that even if your spouse agrees to pay a community property debt but then fails to pay, you may still be liable to the creditor. Division of assets and debts can be complicated. You should obtain advice from a lawyer before entering into any agreement.
Once your case is filed there are several events that may or may not occur, as follows:
1) Default: If your spouse fails to file a Response in the case, you may request a default and the court will proceed without them to issue a judgment.
2) Temporary Orders: Either party can request temporary orders for child custody, visitation, support or restraining order disputes. The temporary orders may or may not become permanent.
3) Agreement: The parties and their attorney (if any) will attempt to permanently resolve the issues and reach an agreement. If you reach an agreement, you probably won't have to appear in court and the judge will issue an order based on your agreement.
4) Trial: If the parties cannot reach an agreement, you and your spouse will go through a trial.
The process of obtaining a dissolution of marriage, determining the division of assets/debts, and determining support and custody issues can be very complex. An attorney can help ensure your rights are protected, as well as properly guide you through the process itself. Your spouse may need an attorney also if the case is complicated.
One alternative to hiring a lawyer to assist you with all stages of your case, is to hire one for only particular stages of your case. This will result in limited fees.
Another option, if you and your spouse can agree on the terms of the dissolution, is to hire only one lawyer who will prepare all the documents for both parties. The lawyer can legally only represent one party, but they will draft the documents with any terms you request, so there is no need for the other party to have an attorney if you can agree on the terms. You will likely avoid having to appear in court if you can agree. This will also be less expensive than both parties retaining an attorney.
You may also act as your own attorney (i.e., acting In Pro Per) and handle the entire case yourself. Be aware that even if your case is simple you could accidentally make serious mistakes. The law and the court has strict requirements and ignorance could cause expensive problems and/or delays in your case.
If you simply cannot afford an attorney you might want to consider hiring an attorney to simply coach you in handling your case yourself. Our firm even offers inexpensive do-it-yourself telephone assistance.
One thing to keep in mind is that sometimes the court will order your spouse to pay your attorney fees if they have more resources than you.
The final alternative is independent mediation, whereby you and your spouse can negotiate a resolution with a neutral third-party outside of court. This will result in a legally binding Judgment of Dissolution. It's still a good idea to hire an attorney to advise you of your rights during this process though.
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We hope this information has been helpful.