Compassionately Guiding Clients Through Divorce And Estate Planning

Helping You Navigate Through A Divorce

The divorce process is complex, so our family law lawyers will work with you to help you understand what is going on. With our experience, you can trust us to help you understand your rights throughout the process.

Two things that separate ELKINS & MUIR, P.L.L.C from other law firms are that we work hard to provide reliable answers for hard questions, and we offer an experienced support system for you during this difficult time. With our convenient online information regarding divorce procedures and divorce law you can get quick answers to your questions about the divorce process anytime day or night.

The Process Of Divorce In Arizona

Divorce is almost always a stressful process. The changes come quickly and allow you little control. There’s no shame in asking for all the help you can get. Whatever the source, please make use of it!

Arizona divorce cases generally begin with the filing of a Petition for Dissolution of Marriage. This requires service of the Petition and supporting documentation upon the other party, who then has 20 days to file a Response to the Petition. In a divorce petition, a party identifies the issues and sets out what the Petitioner feels is the best solution, including:

  • Asset Division
  • Dividing of Debt
  • Spousal Maintenance
  • Child Support
  • Parenting Time
  • Decision Making
  • Attorney Fees

Sometimes, and especially in cases involving children, your lawyer will file a Motion to Appear Re: Temporary Orders. This document tells the court that it is necessary for the parties to come to court for orders that will stay in place during the pendency of the divorce process. This is common when parties are unable to agree on issues of parenting time and child support. The court will set a hearing date, and the parties will appear for a proceeding that is sometimes similar to a mini-trial, where witnesses take the stand and explain the issues to the judge.

If the parties have children, each party will be required to take a court-ordered parent education course. This is offered through the Court of Conciliation. It is offered at different times and locations and is extremely informative. It helps parents understand what children go through during and after the divorce process, and how to best help them through it.

After the Petition and the Response are both filed, a Motion to Set is prepared and filed. This document tells the court that it is time to put the case onto the court calendar for final resolution. More documents are required for filing, and dates are set for a Family Law Settlement Conference, and for trial. During this process, there are many opportunities to discuss and settle your case, and many, if not most cases are settled during this time period. Our attorneys, Joy and Christina, work closely with you and opposing counsel and they will offer you realistic solutions to the issues that are unique to your family. Successful negotiation avoids the anxiety and high cost of the trial.

Arizona has a 60-day waiting period following service of the Petition before a family law court may grant a divorce. When your case has been settled and the proper paperwork is submitted to the court, the judge will sign a Divorce Decree and the marriage will be over. If the case does not settle, a trial will take place, the court will make its decisions, and issue a Decree. Typically, a divorce takes between 61 days and about nine months to be concluded. It can take even more time, depending on the parties’ attitudes and actions, and the complexity of the issues to be decided.

Most people want to know that life will go on after divorce. They want to know that they’ll be able to raise their kids, enjoy retirement and have a roof over their heads. So much change occurs during a divorce, and at such a fundamental level, that it’s absolutely reasonable to fear the future and what it may bring. Life does move past divorce. Whether it moves in positive and exciting new directions or spirals into conflict is, to a large extent, your choice. You can control the coping mechanisms – health and fitness, or you could choose to engage in self-destructive behaviors. You control many aspects of the conflict and even in the worst of situations, positive choices designed to move forward can only help.

Division Of Assets And Debts

Arizona is a community property state. So, what are “community” assets and debts, as opposed to the sole and separate assets and debts? Absent a Prenuptial or Postnuptial agreement to the contrary, essentially any asset or debt that you and your spouse obtained or incurred during the marriage, is a community asset or debt unless it was a gift or an inheritance. If an asset was purchased with money earned during the marriage, it is jointly owned. If a bank or investment account contains money earned during the marriage, it belongs to both of you regardless of whose name is on the account. If a debt was incurred during the marriage, whether both spouses knew of it or not, it’s a community debt unless if was incurred for a non-community purpose. This can be a complex area of the law, especially when sole and separate assets are mixed with community assets.

The statutes say that assets and debts are to be divided “equitably.” Equitably does not necessarily mean equally, and there are times when the court takes factors such as unequal incomes, or unequal contribution into account when dividing assets and debts. This entire topic is complex, and the divisions are decided on an individual, case-by-case basis. It is usually best to engage a lawyer to help you, especially where retirement accounts, 401k accounts, and IRA’s are concerned.

Spousal Maintenance

Spousal maintenance sometimes referred to as alimony in other states, is a slippery topic. There are multiple, statutory factors involved in determining whether a spouse qualifies for an award of spousal maintenance, and still other factors to decide how much should be awarded, and for what period of time. Because there are no statewide guidelines for an award of spousal maintenance, this area of the law is heavily dependent on the skill of the lawyers representing the parties. The lawyers at ELKINS & MUIR, P.L.L.C, are very experienced in this area, and we encourage you to arrange a consultation to discuss your individual circumstances.

Crimes And Divorce

It’s not too uncommon for a divorce case to involve some potential, or actual, criminal activity. While criminal cases are prosecuted by the State of Arizona and take place in different courtrooms from divorce cases, these cases may have a huge impact on a divorce case. “Criminal” activity comes into a divorce case in one of two basic ways. First, one of the spouses is involved in criminal activity, while the other is not. For example, if one spouse is using or dealing drugs, or gets charged with fraud, a divorce court might step in and prevent that parent from exercising any parenting time, or might order supervised parenting time. In the case of one spouse committing fraud, we could have an issue with liability for restitution. The second way ”criminal” activity might come into a divorce case is when a spouse is the victim of criminal activity by the other. The obvious example is domestic violence-related crimes, but there are certainly other types. When it comes to domestic violence, courts take this issue very seriously. Our statutes prevent an abusing parent from having decision-making responsibility, and evidence of domestic violence is strongly considered in determining appropriate parenting time. Likewise, allegations of violence that cannot be proven to work strongly against the accusing parent.

Domestic Violence

There’s never an excusable reason to abuse your spouse. You should be aware that there are many acts that are considered by the court to constitute an act of domestic violence, not just actual physical contact.

A quarter of women will face domestic violence during their lives. Unfortunately, it is often by someone they know responsible for the assault. Those women between the ages of 20-24 years of age are at the most risk of such violence. And the majority of incidents are never reported to law enforcement authorities.

There are resources for victims. There are things you can do to protect yourself and your loved ones. Step one is to ask for help. Step two is to act. If you are a victim of domestic violence, please get to a safe place. If you need information about where and how to obtain an Order of Protection, go to the Pima County Courts website, or simply call one of the paralegals in our office. We don’t charge for this service, and you can get an Order of Protection without a lawyer. Protection Orders can help victims gain some independence and space from the abuser, and while not perfect, these Orders often provide the best protection possible. Be aware that the accused may request a hearing regarding the allegations, and whether you are the accuser or the accused, you may want to have a lawyer present at the hearing. These hearings are important; Orders of Protection can affect your employment or security clearance. Orders of Protection stay in effect for one year and may be renewed for another year.

Whatever your family law needs, our attorneys can help. Call us at 520-219-4040 or send a email using the form below.