Common Questions About Divorce

Answers from a Divorce Lawyer in Phoenix

  • What is an uncontested divorce?

    This route of divorce is for parties who are in agreement with all the terms of the divorce. This means that the case will not have to go to trial and it will be settled outside the courtroom. Both parties will be given the opportunity to work through the terms of the divorce and reach a mutual agreement, rather than having the judge decide on the terms. This type of divorce is usually faster and more affordable than a contested divorce and recommended to spouses who can cooperate.

  • How long could my divorce take?

    The average divorce case can take up to six months to conclude after you have filed the divorce and the papers have been served to your spouse. Until the waiting period is over, the divorce is not final and you will not be allowed to remarry. With some contested divorce cases, the process could take as long as a year to conclude depending on the extent of litigation that is necessary to resolve any disputes.

  • Who is granted child custody in the divorce?

    When you file for divorce the court gives you and your spouse the opportunity to decide on a custody agreement for your minor children. There are several possible custody arrangements including joint custody and sole custody. If one parent is awarded sole custody, then typically the other parent is granted visitation rights. If you are unable to agree on the terms of custody, then the court will make the final ruling.

  • How much could it cost me to file for divorce?

    The typical filing fee for a divorce petition is anywhere from $100-$350 depending on which county you file in. Then it will cost you an addition $100 to $200 to file a response. These fees do not include courtroom litigation attorney fees or any other court fees.

  • How is child support determined in Arizona?

    In Arizona the amount of child support is calculated using a formula. The formula takes into account the income of each parent and how much time the children spend with each parent. Other factors are also taken into consideration including child care expenses, health care costs, any special needs of the children and other additional costs.

  • Who has to pay spousal support or (alimony) in the divorce?

    If one party will face serious financial hardship as a result of the divorce, then the court could order the other party to pay spousal support. This is so that both parties can maintain the same standard of living that was enjoyed during the marriage. Spousal support is not awarded to everyone, but it is more common in divorces where the marriage was of a long duration.

  • What if my ex-spouse stopped paying alimony or child support?

    If your spouse has failed to pay their court ordered support, then you have the right to take legal action to seek arrears. People who fail to comply with court orders could be found in contempt of the court. Ask your attorney how to enforce your support order and what the best route of collection will be.

  • How is property divided in Arizona divorce?

    In Arizona divorce, property and debt is categorized as either community property or separate property. All community assets and debts are divided up between the two parties. However, all separate property will remain to the party that owned it prior to the marriage. Separate property is anything that is received as a gift or inherited it during the divorce.

  • Do grandparents have the right to seek visitation or custody?

    Yes. In Arizona grandparents can be awarded visitation or custody rights in certain situations. It must also be in the child’s best interests.

  • Should I pursue mediation for my divorce?

    Mediation is a quicker and more affordable option that courtroom litigation. Pursuing mediation first is always encouraged so that you have the chance to negotiate and compromise before resulting to trial.

  • On what grounds can I file for divorce in Arizona?

    In state of Arizona, you are not required to prove fault in order to file for a divorce. The law only requires that the petitioner proves that the marriage is “irretrievably broken” and that there is no hope of reconciliation. A covenant marriage however does require proof of fault or some type of wrongdoing such as adultery in order for the court to grant dissolution of marriage.

  • Still have questions? Get in touch with our firm.

    If you have further questions, please do not hesitate to call our firm and ask our Phoenix divorce attorney. We offer all of our clients a complimentary case evaluation, so call today! For even more answers to frequently asked divorce questions, check out this blog post