Arizona Divorce Guidance & Representation
Navigating Arizona Divorce with Empathy
Experienced Legal Representation for Divorce in Arizona
Divorce is never easy, and unfortunately, some divorces are more difficult than others. The legal process of divorce involves the division of assets and liabilities, determination of child custody and support, and in some cases, spousal support (alimony). These are complex and emotional subjects and often, tensions run high. You need an experienced, compassionate advocate who can not only provide legal guidance and representation, but also minimize the stress and disruption to your life at this difficult time.
Benjamin Legal can assist with the filing of divorce paperwork, assessing property and asset values, and resolving disputes related to custody, support, and property division. We can negotiate a settlement with your spouse or litigate a fair outcome in court, depending on the specific circumstances of your case. Throughout the entire process, our commitment is to advocate for you and help you move forward with confidence and peace of mind.
ARIZONA DIVORCE FAQS
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"How long does it take to get a divorce in Arizona?"
In Arizona, the length of time required to get a divorce can vary depending on the complexity of the case. If the divorce is uncontested, which means both parties agree on all issues related to the divorce, it can take as little as 60 days from the date the Petition for Dissolution is served onto the other party. However, if the divorce is contested, which means the parties disagree on one or more issues, the process can take longer.
Other factors that may extend the timeline for divorce are cases involving significant assets or child custody disputes.
"What are the residency requirements for filing for divorce in Arizona?"
To file for a divorce in Arizona, at least one of the spouses must have been a resident of the state for at least 90 days prior to filing. This means that either the Petitioner (the spouse who initiates the divorce) or the Respondent (the other spouse) must have lived in the state continuously for at least 90 days prior to filing the Petition for Dissolution of Marriage with the court. Additionally, the person filing for divorce must file in the county where they or their spouse reside.
"Is Arizona a community property state for divorce?"
Arizona is a community property state, meaning that any property acquired during the marriage is generally considered to be owned equally by both spouses. This includes income earned during the marriage, as well as any assets purchased with that income, such as real estate, stocks, and retirement accounts.
"How is property divided during a divorce in Arizona?"
When a couple divorces in Arizona, community property is divided equitably between the spouses. This means that each spouse is typically entitled to 50% of the value of community property, unless there is evidence to support an unequal distribution.
In addition to community property, the spouses may also have separate property, which is property that was owned by one spouse prior to the marriage or acquired by gift or inheritance. Separate property generally remains with the owner after a divorce, unless it has been commingled with community property or there is evidence that the other spouse has a lien or other legitimate claim to a part of it. In these instances, the sole and separate portions are able to be calculated and divided out from the community part of the estate.
"What is the process for child custody and support in an Arizona divorce?"
When it comes to child custody and support in an Arizona divorce, the court’s primary focus is on the best interests of the child.
- The process for child custody and support in Arizona typically begins by asking the divorcing couple to develop a parenting plan that outlines how they will share custody and parenting time.
- The court will also determine the amount of child support that will be paid by one parent to the other. This determination is based on the Arizona Child Support Guidelines, which take into account the income of each parent, the number of children, and other child related expenses.
- If the divorcing couple is unable to agree on child custody and support issues, the court will issue orders based on evidence presented by both parties. These orders are legally binding and must be followed by both parents.
- Child custody and support orders can be modified in the future if circumstances change. For example, if one parent experiences a significant change in income or the child’s needs change, the court may modify the custody or support arrangement.