Divorce Attorney In Tempe, AZ
Divorces are almost always stressful, but you can alleviate some of the anxiety that comes along with this difficult process by hiring an experienced Tempe divorce lawyer. Working with a divorce attorney allows you to ensure that your rights and interests are protected throughout the legal proceedings, improving your chances of walking away from the marriage with a fair divorce agreement in place.
You deserve to work with a divorce lawyer who will treat your case with both professionalism and compassion. That’s what you’ll find at Ellsworth Family Law, P.C. Our dedicated team includes Certified Family Law Specialists, additional attorneys, and legal paraprofessionals who can help you resolve simple matters at a lower cost. We’re intimately familiar with Tempe divorce laws and will be happy to help you understand this complex process as we go through it together.
Hire a Divorce Lawyer
Around 40% of first marriages in the United States end in divorce. In Arizona, that amounts to a divorce rate of around 2.0 divorces per 1,000 residents. According to a recent study performed by the Institute for Divorce Financial Analysts, financial problems contribute to between 20% and 40% of all divorces. Other reasons for divorce can include infidelity, substance abuse, domestic violence, general conflict, and parenting differences.
Ultimately, it doesn’t matter why you’ve decided to get divorced. Arizona is a no-fault divorce state, so most couples can dissolve their marriages without giving grounds beyond irreconcilable differences. No matter the reason you’re planning to separate from your spouse, you should hire a reliable divorce lawyer as early in the process as possible. Having a lawyer on your side gives you access to legal advice in family law matters and representation throughout a difficult time.
Requirements for Getting a Divorce in Arizona
The first thing you should know about getting a divorce in Arizona is that there are residency requirements. You and your spouse must live in the state for a minimum of 90 days before you can file your initial divorce paperwork.
The second thing you should know is that Arizona is a no-fault divorce state, which means you can simply state that your marriage is irretrievably broken and that is a sufficient ground for getting a divorce if your spouse agrees to dissolve the marriage.
Covenant Marriages in Arizona
There is an exception to the rule when it comes to no-fault divorce in Arizona. It’s known as the covenant marriage. Covenant marriages are more difficult to dissolve, as they typically have requirements in place, such as the need to attend counseling prior to separation and requiring grounds for divorce that go beyond irretrievable differences. The grounds for divorce in a covenant marriage can include:
- Adultery
- Drug or alcohol abuse
- Being convicted of a felony
- Abandonment for over a year
- Domestic violence
- Physical or sexual abuse
- Agreement to divorce
You may also be able to get a divorce from a covenant marriage if you’ve been legally separated from your spouse for one year or living separately without a legal separation order for two years.
How to Get a Divorce in Arizona
The process of getting a divorce in Arizona can be complex, which is why it’s advisable to have an expert Tempe divorce attorney available to offer guidance. That said, you’ll follow the same basic process regardless of the specifics of your divorce. It will include:
- Petition for Dissolution. The first step you’ll take toward getting divorced is to file a Petition for Dissolution. The exact form you need will vary depending on whether you have children or not. The filing of your petition may also require filling out additional forms, especially if you have children.
- Discovery. The next step in the divorce process is known as discovery. Discovery involves exchanging relevant information with your spouse and their lawyer. This information typically includes financial documents, witness lists, and relevant evidence. You should receive everything you need to begin settlement negotiations during the discovery period.
- Settlement negotiations. Ideally, you and your spouse will agree about major aspects of the divorce, such as the division of assets, child custody, and alimony payments. You may need to come to an agreement using mediation before your lawyer can draft a settlement agreement.
- Trial. If you can’t settle, even with the help of a mediator, your divorce will need to go to trial. This adds extra expenses and prolongs the time you must spend dealing with the divorce.
Issues That Frequently Come Up During Settlement Negotiations
Three primary issues cause problems during settlement negotiations:
- Property division. Arizona is a community property state, which means that all marital assets are usually split 50/50 between divorcing spouses. However, there are exceptions to the rule. If your spouse tries to hide property, for example, you may receive more of the marital assets as a result.
- Child custody. If there are minor children, you will need to come up with a custody arrangement. Many parents retain joint physical and legal custody of children, sharing parenting time and decision-making powers. However, you may have to fight for sole custody if you believe the other parent is not fit to provide care for your child.
- Child support. In divorces where sole custody is assigned, the non-custodial parent is usually required to pay child support. The amount of these child support payments will vary based on factors such as each parent’s income and the child’s financial needs.
- Spousal support. Some spouses are also ordered to make alimony payments. Alimony is designed to give spouses who are unable to support themselves financially following a divorce a safety net to fall back on while they regain financial independence. Arizona allows for the assignment of both temporary and permanent alimony.
Contested vs. Uncontested Divorces
If you and your spouse can come to an equitable agreement on the issues described above, either by yourselves or with the help of a mediator, your divorce will be uncontested. Uncontested divorces are relatively simple and tend to cost less to finalize, partially because they require less time.
If you and your spouse are unable to come to any conclusions during settlement negotiations or mediation, your divorce is considered contested. You or your spouse can contest any aspect of the divorce, ranging from the grounds for divorce to whether there should be spousal support payments made following the dissolution of your marriage.
Contested divorces must be resolved in court. This is a situation both parties generally want to avoid. It’s not just more expensive and time-consuming to go through a contested divorce with a trial. There’s no guarantee that the judge will rule in your favor on any of the major issues under consideration, which means you may wind up with a worse arrangement in place because of contesting one or more provisions of the divorce.
FAQs
Who Loses More Financially in a Divorce?
Women typically lose more financially in a divorce. There are several reasons for this trend. Compared to men, women tend to have lower pre-divorce incomes, take more breaks in their careers to raise children, and are unlikely to receive the full amount of child or spousal support they are owed. Of course, there are exceptions to the rule. In couples where the woman is the primary breadwinner, the man may stand to lose more in a divorce.
What Disqualifies You From Alimony in Arizona?
The primary thing that disqualifies you from alimony in Arizona is having sufficient income or assets to support your needs. You will also lose access to spousal support payments if you remarry or cohabitate with a new partner, and you can choose to waive the right to alimony during a divorce settlement.
Who Pays for a Divorce in Tempe, AZ?
Each spouse usually pays for their own divorce costs in Tempe, AZ. However, there are cases where a judge orders one spouse to pay the other’s attorney fees. This can come up due to financial disparity or unreasonable behavior on the part of one spouse, as might be the case with someone who was hiding assets.
What Will I Lose if I Get Divorced?
What you will lose if you get divorced depends on the circumstances of your marriage. You could stand to lose significant finances and assets if they are considered community property, or property acquired over the course of the marriage. All community property is subject to division, including savings accounts, investment funds, retirement funds, homes, cars, and other property. You may also be ordered to pay child support or spousal support.
Tempe Divorce Lawyer
It doesn’t matter whether you are anticipating a simple, uncontested divorce or facing serious challenges from your soon-to-be-ex spouse. You should always work with a seasoned Tempe divorce lawyer to finalize the dissolution of your marriage. You can trust the team here at Ellsworth Family Law, P.C. Two of our attorneys are Certified Family Law Specialists, and our firm exclusively handles divorce cases and other family law matters.
Contact us to schedule a consultation and let us put our knowledge and experience to work for you.
