Divorce Attorney In Paradise Valley, AZ
Divorce is rarely easy. In addition to the emotional challenges, you also have to understand Arizona’s legal system, divide assets, consider financial issues, and, most importantly, make sure your children are safe and protected. An experienced Paradise Valley divorce lawyer can provide clarity, guidance, and reassurance when you need it most.
About Ellsworth Family Law, P.C.
Ellsworth Family Law, P.C., is a boutique law firm founded in 2003 that focuses exclusively on family law. The firm has two Certified Family Law Specialists, is a member of national and international family law organizations, and has experience in high-profile cases. This experience provides our clients with a level of professionalism that can be crucial for their cases.
Two licensed legal paraprofessionals and two experienced paralegals make up part of the firm’s workforce. Whether your case is a simple divorce or a complex, multi-state custody battle, Ellsworth Family Law, P.C., can protect your family in Paradise Valley and throughout Arizona.
Understanding Divorce Laws in Arizona
The marriage rate in Arizona is 5.6 per 1,000, and the state’s divorce rate is 2.0. When contemplating divorce, it’s helpful to understand how the process will work. Arizona has specific laws that will dictate your case, so be sure to know how divorce is handled here. Learning more about Arizona divorce laws can allow you to set realistic expectations and avoid unwelcome surprises. In Paradise Valley, the Maricopa County Superior Court will likely have jurisdiction over your case.
Arizona is a no-fault divorce state. That means you do not need to cite any wrongdoing, such as adultery or abuse, to get a divorce. All you need to show is that your marriage is irretrievably broken. If you have a covenant marriage, however, this is different. A covenant marriage is a special type of marriage recognized in Arizona, and it has more stringent rules regarding divorce. Arizona courts may address the following issues:
- Spousal maintenance. Courts have the authority to impose spousal maintenance, also known as alimony, based on a number of statutory factors, including the length of the marriage and the financial gap between the spouses.
- Children. The “best interests of the child” are taken into consideration when deciding on parenting time, legal decisions, and child support.
- Property division. Arizona is a community property state. Community property encompasses the assets and debts that are acquired during the marriage by either spouse. Arizona’s community property belongs equally to both spouses during marriage, so the court divides it fairly, though not necessarily in half. Separate property is generally defined as anything received as a gift, left as an inheritance, or owned before the marriage.
Ellsworth Family Law, P.C., has decades of experience in interpreting and implementing these laws. Since each case is unique, our lawyers take the time to learn about the objectives of each client and develop an appropriate plan of action.
Children in Divorce Cases
One of the most sensitive topics during a divorce is what will happen with the children. This is usually resolved in child custody and child support hearings. In Arizona, custody and parenting time must be decided according to what is in the best interests of the child. Arizona is different from some other states in that a court will not consider “legal decision-making” as a factor in setting parenting time. The child’s needs must come first.
Ellsworth Family Law, P.C., also works on multi-state custody law matters. Understanding which state holds jurisdiction for your children’s custody cases requires knowledge of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Ellsworth Family Law, P.C., has handled many multi-jurisdictional custody cases in numerous states.
Arizona case law restricts the termination of parental rights. Judges rarely terminate parental rights unless the situation is extremely severe. Ellsworth Family Law, P.C., is well-versed in the nuances of Arizona case law on termination of parental rights. Our team fights vigorously to protect the rights of both parents and children.
Alternative Dispute Resolution
While many divorce cases are litigated in court, not all family law issues have to be. Ellsworth Family Law, P.C., also offers mediation and arbitration to couples who want to work out their differences without going to court. Alternative dispute resolution often allows couples to save time, money, and the emotional stress that can occur in litigation.
Mediation is especially useful when there are children involved, as it promotes cooperation between parents to find the ideal solution for their children.
The Divorce Process in Arizona
Each divorce is different. Therefore, each case will have its own unique process. However, most cases follow a general process to completion. It includes:
- Filing the petition. One spouse must file a petition with the court for dissolution of marriage.
- The other spouse is served. The spouse who did not file will formally be served with the divorce papers.
- The other spouse responds. The other spouse can raise any disputes or disagreements during this time.
- Issuance of temporary orders. While the case is pending, courts occasionally issue temporary orders for spousal maintenance, child support, or parenting time.
- Discovery. Both spouses will exchange relevant information, such as financial disclosures.
- Mediation. Mediation or arbitration takes place in less contested cases; many of the issues can be resolved here.
- Trial (if necessary). If the couple cannot reach an agreement on certain issues, the matter will go to court, where a judge will decide on the outcome.
Understanding this process can better prepare you for the upcoming legal process. A Paradise Valley divorce attorney can help you prepare everything you need.
Potential Challenges in a Divorce
Divorce is a significant emotional and financial change. It’s a major decision and can impact almost every aspect of your life. You might be worried about how long the whole process will take and how your family will manage on one income while your children transition to new routines.
Divorce can place a significant toll on an individual’s finances from legal fees, asset division, child support, and alimony.
Divorce can also cause emotional and mental strain. Communication difficulties and conflict with your spouse can make it difficult to reach agreements, which can lead to feelings of frustration or uncertainty.
Beyond the emotional burden from the dissolution of the relationship, you may also have concerns for your children if you have them. When children are involved, their well-being, the need to establish a new schedule, and finding the right approach to co-parenting are often the most significant considerations for parents.
Why Hire a Divorce Lawyer?
Hiring a divorce lawyer has a huge effect on the outcome of your case, including your finances and your children’s future. Some couples can handle divorce without an attorney, but most people have too much at stake and too many complicated issues to manage their own case.
You should hire a divorce lawyer if you:
- Have children.
- Own a home or business.
- Suspect that your spouse has hidden assets.
- Have disagreements about support, property, or custody.
An attorney can help you navigate the court process, fight for your rights, make sure you don’t agree to any terms that are not fair or legal, and explain the most beneficial options for your future.
FAQs
How Much Does a Divorce Lawyer Cost in AZ?
The cost of hiring a divorce lawyer in Arizona will vary, depending on the specifics of your case and the pay structure of your attorney. Simple, uncontested divorces will generally be less expensive than highly contested cases, especially those involving custody or significant assets. Most attorneys charge an hourly rate, and expenses may rise if any disputes must be settled at trial instead of through settlement or mediation.
What Is a Wife Entitled to in a Divorce in Arizona?
Arizona law entitles a wife to her equitable portion of community assets generated throughout the marriage, including both assets and debts, as well as income. She can request spousal maintenance if she meets particular requirements, such as financial necessity or significant income imbalances. If children are involved, a wife is entitled to fair consideration in matters of custody and child support, with decisions made in the best interests of the children.
How Long Do You Have to Be Separated Before a Divorce in AZ?
A: Arizona is not a state where couples must live apart for a certain time before getting divorced, except for covenant marriages. For all marriages other than covenant ones, one spouse only needs to establish residency and state that the marriage is irretrievably broken. After the petition is filed, the court will require a mandatory waiting period before the divorce can be granted.
What Is the Cheapest Way to Get a Divorce in Arizona?
The cheapest type of divorce in Arizona is an uncontested divorce. In these cases, the spouses have worked out all major issues, such as division of property, parenting time, and support. By eliminating drawn-out disagreements and trials, couples can reduce their legal expenses. While some couples will do all their own paperwork, it may be wise to have a lawyer review the agreements.
Contact Ellsworth Family Law, P.C., Today
If you are going through a divorce, you do not have to handle the legal process on your own. Ellsworth Family Law, P.C., can help you. Contact us today for more information.
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