Divorce Attorney In Scottsdale, AZ
Divorce is never easy. In fact, it can be one of the most stressful and emotionally draining events a person experiences, especially when children, finances, and property are involved. The right representation can be crucial for protecting your interests. If you are seeking an experienced Scottsdale divorce lawyer, Ellsworth Family Law, P.C., offers the advocacy and guidance you need.
About Ellsworth Family Law, P.C.
Ellsworth Family Law, P.C., was established in 2003 by Steve Ellsworth, a State Bar of Arizona-Certified Family Law Specialist. Our current partners include:
- Mr. Ellsworth
- Glenn D. Halterman, who is also a State Bar of Arizona-Certified Family Law Specialist
- F. Taylor Larson, an experienced attorney and media professional in high-profile cases
We have two licensed legal paraprofessionals, along with highly trained paralegals, who enable us to handle a broad variety of family law issues both expeditiously and inexpensively.
Understanding Divorce Laws in Arizona
Arizona is a no-fault divorce state. That means no spouse has to prove that the other committed some act of wrongdoing, like abandonment or adultery, to file for divorce. However, one party must make the statement that the marriage is irretrievably broken. When filing for a divorce, at least one of the spouses must have resided in Arizona for at least 90 days.
The marriage rate in Arizona is 5.6 per 1,000, and it has a divorce rate of 2.0. Each divorce is unique, and each couple has its own issues that they’d like addressed and decided on during a divorce. Some of the most common divorce issues include:
- Child support
- Child custody and visitation
- Alimony
- Division of assets and debts
Child Custody and Support
The court no longer automatically grants one parent custody over the other. Instead, judges consider:
- The child’s best interests
- Their relationships with each parent
- Both parents’ ability to maintain a stable home environment
- Each parent’s ability to provide for the child
Legal decision-making authority is not considered when determining parenting time.
If parents live in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state has jurisdiction to decide custody matters. This law ensures consistent custody orders across state lines and prevents conflicting orders.
Child support is based on Arizona’s guidelines, which consider each parent’s income, parenting time, and the child’s needs. Support orders can be enforced, and modifications can be requested if there is a change in circumstances.
Alimony
Arizona law does not provide automatic spousal maintenance for all divorces. The courts will look at a variety of factors, including:
- The length of the marriage
- The ability of each spouse to earn income and provide for themselves
- Contributions made by one spouse to the other’s education or career
- Each spouse’s age and health
- Other factors relating to self-sufficiency
Alimony awards can exist in temporary, rehabilitative, or long-term forms, based on the specific case’s circumstances. There is no single formula for spousal support, so the guidance of an experienced attorney can be advantageous, whether you are seeking or defending against alimony in these divorce cases.
Property Division
Arizona is a community property state. Therefore, all assets and debts acquired during the marriage are generally subject to equitable division. This does not necessarily mean an even 50/50 division. The division should be fair based on the circumstances. Property division may include:
- Real estate
- Rental property
- Homes
- Retirement accounts
- Pensions
- Businesses
- Investments
- Furniture
- Cars/vehicles
- Jewelry
- Credit card debt
- Loans
- Mortgages
One of the most complicated issues during a divorce can be uncovering and properly valuing assets. Business interests, hidden accounts, or claims of separate property can create difficulties. It is essential to have experienced representation.
Alternative Dispute Resolution
Litigation in court is not the only way to resolve a divorce. In fact, many couples find that it’s not the most beneficial way to resolve their differences, either. The attorneys at Ellsworth Family Law, P.C., offer mediation and arbitration services. We can assist couples in working out their differences without litigation, enabling them to reach agreements regarding their divorce.
Mediation uses a neutral mediator to facilitate discussions about custody, support payments, and property division between couples seeking divorce. Arbitration is a type of alternative dispute resolution in which the parties present their dispute to a neutral third person, the arbitrator, who renders a decision that is usually binding on the parties. Arbitration is more formal than mediation, and the arbitrator acts much like a judge in making a ruling.
Alternative dispute resolution methods, such as mediation and arbitration, can:
- Give a couple more controls over the outcome of their dispute
- Be less emotionally draining
- Save time and money
- Result in agreements that are enforceable by law
Preparing for Divorce
Careful planning before filing for divorce can help the process go more smoothly and with less stress. It is crucial to collect crucial records, including tax returns, financial statements, retirement account details, and property records.
Assessing your family’s income, alongside your debts and expenses, allows you to determine your financial requirements throughout the divorce process and afterward. Planning how you will handle the daily routines, education, and care of any children involved in your divorce can demonstrate stability and planning, which courts appreciate when deciding custody. Just as important, however, is emotional preparedness.
Being emotionally prepared to make deliberate decisions, rather than acting on impulse, can protect your interests and your family’s well-being during the stressful time of divorce.
Most Scottsdale divorce and family law cases are filed at the Maricopa County Superior Court. That’s where most of the issues involving custody, support, property division, and other family law matters are heard.
Common Mistakes to Avoid in a Divorce
Divorce is complicated, and even seemingly minor mistakes can have serious long-term consequences. One of the most common errors people make during divorce is failing to disclose their assets or undervaluing them, which can lead to legal penalties and financial losses.
While divorces can be emotional, letting these emotions dictate your decisions can be detrimental, such as retaliating against your spouse.
Be sure to make all court deadlines and appearances. It often hinders a case when a person does not do so, and it can be unfavorable to you if you do not comply. Couples who try to negotiate their divorce terms by themselves often do so to cut costs, but their agreements frequently result in documents that are neither enforceable nor fair.
Being aware of these risks and working with an experienced attorney can enable your divorce process to run smoothly while safeguarding your rights.
Why Hire a Divorce Lawyer?
The single most crucial decision you will make before dissolving your marriage is the choice to hire a divorce lawyer. A skilled attorney can guide you through the family law statutes that are unique to Arizona. Our lawyers are well-versed in:
- Community property laws
- Child support calculations
- Custody issues
- Alimony determinations
- Strategic counsel
- Negotiation
- Making sure all agreements and court documents are drafted correctly
An attorney can also greatly reduce the stress of a divorce by handling court procedures, deadlines, and all the complicated paperwork. That way, you can focus on your family and future. We can guide you through the entire divorce process so you can have greater confidence in the outcome.
FAQs
What Is the Average Cost of a Divorce Lawyer in Arizona?
The cost of a divorce lawyer in Arizona varies based on factors such as the complexity of the case, the experience of the attorney, and whether the divorce is contested or uncontested. Uncontested divorces, where both parties agree on property division and child-related issues, tend to be less expensive, while contested divorces with disputes over custody, support, or significant assets can be more costly.
What Type of Lawyer Is Ideal for Divorce?
The ideal lawyer to handle your divorce is a family law attorney or divorce lawyer. Legal professionals who practice family law handle matters involving child custody disputes, along with spousal support cases and property division, during Arizona divorce proceedings. Hiring an attorney is incredibly beneficial for your case, as it can drastically improve your chances of a favorable outcome.
Who Pays for Divorce in AZ?
In Arizona, each party in a divorce is usually responsible for their own attorney fees, unless the court orders a different arrangement. However, in some cases, the judge may order one party to pay the other party’s legal costs, especially if there is a large disparity in the parties’ income or financial resources. Keep in mind that legal fees should be planned for, even in a fairly simple divorce.
What Is the Cheapest Way to Get a Divorce in Arizona?
Arizona’s least expensive divorce is an uncontested one, with both spouses agreeing to the terms of property division, child custody, and support. Litigation is more expensive, with costs determined by how long the divorce takes. Therefore, settling out of court using mediation or collaborative negotiation saves on legal fees and the hassle of prolonged litigation.
Contact Ellsworth Family Law, P.C.
If you are going through a divorce in Scottsdale, a Scottsdale divorce attorney at Ellsworth Family Law, P.C., can guide and represent you through this legal process. You do not have to handle this legal process alone. Contact us today to speak with a representative and secure your family’s future.
Read Alexis H.‘s review of Ellsworth Family Law, PC on Yelp
