Divorce Attorneys in Phoenix

Phoenix Divorce Lawyers Working With Your Family’s Best Interest at Heart

Going through a divorce can be the most challenging time in your life, and it affects nearly every area, from how much time you get to spend with your children to your financial resources. While many people begin the divorce process with the best of intentions to keep things civil and coparent peacefully, it’s not uncommon for this to change as the divorce proceedings continue. It’s a high-stakes, emotionally charged process, and it is important to have experienced legal representation every step of the way, from sending the divorce papers to getting your final decree.

Even for those who are amicably separating, the legal process can be daunting and confusing if you don’t have extensive knowledge of Arizona divorce law. Our skilled lawyers at Arizona Family Law Attorneys are dedicated to ensuring you know any options that lie before you. We’re committed to making the divorce process as pain-free as possible for families in Phoenix, Arizona. For those with children, our law office pledges to keep your family’s best interests in mind and use our network of resources to help you draft a parenting plan and custody care plan for your child. Call Arizona Family Law Attorneys today to speak with a Phoenix divorce lawyer to get started.

How Can a Divorce Lawyer Guide Me Through the Process of Divorce?

Arizona Family Law Attorneys can help a married couple decide if legal separation or divorce (dissolution of marriage) is their best option. Our law firm has the divorce experience to help. There are legally binding stipulations for both legal separation and divorce, so our law group will help you decide if divorce is your best option.

Dissolving a marriage isn’t just about ending a romantic relationship. It is also about separating finances, including both assets and debts, and ensuring that both parents have equal rights and access to their children (if appropriate). Every divorce is different. A couple who doesn’t have any children or high-value assets may be able to quickly decide who gets what and move forward with their new lives. A divorce where the couple needs to make decisions about custody and parenting time generally takes much longer. Working with an experienced family law attorney is the best way to ensure you know what decisions need to be made and have someone representing your rights and interests.

Only a Phoenix, Arizona, family divorce lawyer can provide legal guidance in the context of Arizona family law and find a solution that works best for you and your partner. Our lawyers will stand by your side during every step of the separation process to advise you on the best steps to take, whatever your desired outcome may be.

Are There Different Types of Divorce?

Before you get started with a divorce petition, you first need to determine what your goals are for this process. If one or both parties still want to try to salvage the marriage, a legal separation can establish boundaries when it comes to finances and the children but still make it possible to reunite later on. If you’re completely sure that the marriage is irretrievably broken and there is no chance of reconciliation, a divorce may be the right path forward. We’ve provided more information on both options, including an explanation of contested and uncontested divorce, below to help guide you.

Contested Divorce

A contested divorce is when your spouse disagrees about the termination of the marriage itself or something to do with the divorce framework. Having a spouse who doesn’t want to get divorced and having a spouse who does want to end the marriage but disagrees on how child custody should be handled are both examples of contested divorces. A contested divorce can include disagreements about your child custody plan, child support stipulations, or asset division.

In the event of a contested divorce, the divorce proceedings can become increasingly complicated. When the parties aren’t able to make decisions between themselves, the courts must get involved. This means the case has to go to trial, where both sides can present their arguments — including evidence and witnesses — and the judge makes the final determination. Our Phoenix, Arizona, divorce attorneys are familiar with the complexities of contested divorce and will strive to simplify the process as much as possible. We’re also here to advocate for you and ensure you get what you’re entitled to as part of the divorce settlement.

Uncontested Divorce

An uncontested divorce is one in which both parties are in agreement on every aspect of the divorce. Many people strive for an uncontested divorce because it generally takes much less time than a contested divorce and is more cost-effective. An amicable divorce is a noble goal, but many people end up with far less than they deserve because they are trying to be nice or just want to get through the process as quickly as possible. It’s important to balance cooperation and civility with ensuring you get a fair divorce settlement. The best way to do this is to hire an attorney who is experienced in negotiating divorce settlements, which, of course, we are.

A lawyer can help you determine if meditation may be an option and guide you through this process. Having an attorney help you with an uncontested divorce ensures your settlement proposal is in line with the state guidelines — and, therefore, more likely to be accepted by the judge. You will also already have legal representation familiar with your case if you do end up needing to go to trial at some point.

Legal Separation

A legal separation is often used by couples who aren’t sure if divorce is what they really want. Some couples also want to live separate lives but remain legally married for certain benefits or religious reasons. A legal separation is a very similar process to a divorce, except it doesn’t end with the parties being free to marry anyone else.
In a legal separation, the parties make decisions about how they will separate their finances, whether someone will pay child support, and what the child custody and parenting time arrangement will be. Once all of these things are agreed upon, the petition is filed in the court system and a judge will make it official. If the parties decide to stay married, they can terminate the separation agreement and reform the marriage.

While a legal separation isn’t as final as a divorce, it still requires legal counsel and help from an Arizona divorce attorney. It’s just as important to ensure that the separation agreement makes sense for you financially and is in your children’s best interests before continuing. The attorneys at Arizona Family Law Attorneys have extensive experience helping clients through legal separations and know what challenges and pitfalls to look out for. We can also help when you want to terminate the agreement or if you decide divorce is the next right step.

How Is Property Division Handled?

Any assets or wealth accrued during your marriage must be equitably divided between you and your former spouse, following Arizona state law. Arizona is a community property state, so regardless of which spouse has a higher annual income or whose name is on the house title, assets acquired during the marriage are to be divided after a divorce.
The first step is to ensure that any separate property is identified. This is generally limited to specific assets that you owned prior to the marriage and that were not part of the marital finances. Assets that are deemed separate property are not subject to the divorce settlement. Any remaining assets and debts that are community property need to be split equitably. In some cases, this is fairly simple, such as if there is a joint checking account, two vehicles, and household possessions. However, if there are more complicated assets, such as real estate investments, retirement accounts, or high-value assets, it can be more difficult to determine what a fair division is.

Our Phoenix family attorneys understand that every situation is different, and splitting your assets down the middle may seem unfair. That’s why we work to find creative solutions and help you find trade-offs. Working with a divorce attorney can help you find a fair and practical settlement between you and your former spouse to ensure you have a solid foundation for your new future apart.

What Happens in a High-Asset Divorce?

A high-asset divorce still must meet the Arizona guidelines for how community property is divided. However, there are two challenges that commonly arise in this situation. The first is ensuring that you have a full accounting of all of the assets. It’s not unusual for one person to handle more of the finances, and the other may have no idea what assets they have, what accounts are open, or how much is in those accounts. An attorney can help uncover any hidden assets and ensure you have a full understanding of how much community property there is to be divided.

The second main challenge of high-asset divorces is accurately valuing the assets. Items such as artwork, jewelry, and collectibles may need to be appraised by an expert to understand the actual fair market value. In some cases, these valuations can vary widely, and your attorney may need to bring in an expert witness to testify in court to their opinion.

Will I Have to Pay Spousal Maintenance?

Arizona has strict rules for when spousal maintenance — sometimes also referred to as spousal support or alimony — applies. In most cases, spousal maintenance is only awarded if there is a large financial disparity between the two parties, such as earning ability or lack of sufficient property to provide for their needs. If one party has been out of the workforce for decades as a stay-at-home spouse, the courts may award spousal maintenance if the judge doesn’t believe the person will be able to get a job that allows them to be self-sufficient at that point.

If you’re concerned about whether spousal maintenance will be a factor in your divorce, an attorney can provide more insight into whether you may have to pay or how much the payments may be.

What About the Children in a Divorce?

If you are separating from your spouse and have children together, the process of divorce or legal separation becomes a bit more complicated. Couples undergoing the process of both contested and uncontested divorce often disagree about parenting time and who should have what type of access to the children. Child custody, parenting time, and child support are all factors that need to be considered.

Child Custody and Parenting Time

What happens to the children after divorce is one of the most common worries for parents. Ending the marriage generally means living in two separate households and having to split parenting time, which can result in less time than you’re used to with your children. This is a big change, and it’s one that takes time to adjust to.

There are many misconceptions about child custody, so it’s important to understand the difference between parenting time and legal custody. Determining legal custody (now known as Legal Decision-Making) involves deciding who will make decisions regarding the children’s care and upbringing. In most cases, this refers to larger decisions, such as those regarding education, religious upbringing, and healthcare. Parenting time refers to how the children will split their physical time between the two parents.

When it comes to legal custody, most situations end up with the parents having equal decision-making ability. This is because the courts recognize that both parents have a right to have a say in how their children are raised. However, there are circumstances that can result in one parent being awarded sole legal custody. This sometimes happens in high-conflict situations where one parent refuses to cooperate with the other. In this case, it’s not in the best interests of the children for every decision to be a drawn-out fight, so the courts award decision-making ability to one parent.

The options for parenting time are much more flexible. Equal parenting time arrangements, where the parents split the children’s time 50/50, are becoming more common, as the courts presume it’s in the best interests of the children to have access to both parents. This can look like a week-on, week-off arrangement or be more complex. For example, a 2-2-5-5 schedule is technically an even split, but instead of alternating weeks, the children spend two days with parent A, two days with parent B, 5 days with parent A, and 5 days with parent B before starting the cycle over.

It’s also possible for one parent to be given primary physical custody, which means they have the bulk of the parenting time and the other parent may get weekends or some school vacations and holidays. This is more common in situations where the parents don’t live within reasonable driving distance or one parent’s job makes it harder to exercise their parenting time. If the parents agree on a parenting time schedule, the judge usually puts this in the final order. If there is a disagreement, the judge will make the final decision and the parents will be required to follow the court order.

Only a child custody attorney can provide qualified legal counsel regarding keeping your family together after a divorce. By choosing Arizona Family Law Attorneys as your trusted family law team, you’re partnering with a network of professionals who can provide solutions for every aspect of your separation.

Child Support

Child support is a major part of most divorces that involve children, and it’s an area that often sparks disagreement between the parents. Fortunately, Arizona has specific guidelines for how child support is determined and when it applies. Unless there is strong, compelling evidence for a deviation, there usually isn’t much to argue about.
Child support in Arizona is determined through the Basic Child Support Obligation Schedule. This schedule makes it easier for the courts to apply standard child support guidelines across all cases. It takes into consideration the parents’ gross income, and the higher the income, the higher the child support amount. In situations where one parent has more parenting time than the other, the person with the most parenting time usually receives child support. If the parenting time is split evenly, there may be no child support ordered or the parent with the higher income may be ordered to pay the other parent.

To determine gross income, the courts look at all forms of income. This includes traditional W-2 wages and commissions, as well as dividends, pensions, trust income, and capital gains. Social Security benefits, workers’ comp, and unemployment can also be counted as income for child support purposes. If you are a business owner or have a job, such as a real estate agent, that brings in different amounts of money every month, your income is generally averaged across the year to determine a monthly amount. Overtime and bonuses may also be included.

Once the child support determination has been made through the child support worksheet, both parties have the opportunity to ask for deviations and additional expenses to be included. You must be able to present evidence as to why there should be a change from the standard child support amount. For example, if the child has special needs that require ongoing professional support, this could warrant a higher child support amount. Other factors, such as the cost of child care and health insurance, and the parenting time schedule, also come into play.

Once a child support order is in place, the payor has an obligation to abide by that order. If they do not make their payments as required, there are serious penalties. These include having your driver’s license suspended, having a lien put on your property, and potentially being sentenced to jail time. You will also be responsible for making extra arrears payments to catch up on any missed payments and interest.

Child support payments are often negotiated alongside deciding your custody plan with your spouse, but it can be a complicated and emotionally charged process. It’s incredibly important to consult with a family law attorney every step of this process. Your child’s best interest is of the utmost concern at our law firm. Our Phoenix, AZ, attorneys will dedicate our resources to ensuring you receive adequate monthly financial assistance or that your payments are fair and in line with the state standards if you’re the paying parent.

You and your children deserve proper financial stability and shouldn’t have to fight for this alone. Our law group will help you and your spouse work together to form a child support payment plan that works for both parties. In the unfortunate event that your spouse does not adhere to this predetermined plan, your attorney will defend you in court and strive to ensure you and your child are justly compensated.

Have a Divorce Attorney in Phoenix on Your Side

Our Arizona divorce lawyers can help protect your interests. If you’re in the process of divorcing your spouse, you need a trusted attorney who is compassionate to your situation. At our law firm, our goal is to help clients move forward optimistically. You shouldn’t have to suffer through the process of divorce. Our legal team will handle every aspect of your case to ensure your peace of mind, and we will keep you informed of what’s happening with your case along the way. Our law firm will stop at nothing to achieve your desired outcome. Contact our experienced Phoenix divorce lawyers at 480-448-0608, and let us help.