Divorce Laws in Tucson

Each divorce is different and the steps for getting a divorce are unique to each state. Some states require certain documentation and/or criteria that one has to meet in order to qualify for a divorce and file it in their state. The law office of Elkins & Associates is knowledgeable of the requirements under the state of Arizona to file for divorce and the laws surrounding the divorce process. We have years of experience handling all manners of divorce cases including if they involve child custody, child support, spousal support, or mediation.

A divorce in Tuscon can create mental and emotional stress for both spouses and the children especially if there is fighting and constant disagreement. The last thing you would want to deal with is the frustrating amounts of divorce forms, visits to family court, and deciding on a parenting plan. Let us help you and relieve some of that stress.

Lawyer for Dissolution of Marriage in Tucson

There are many reasons for divorce but in Arizona, there is only one reason that you need - that the marriage is beyond repair. This is a “no-fault” divorce which is part of the law in Tucson. In cases of a covenant marriage, the courts would have to find grounds for a divorce which can include adultery, abandonment, or a mutual agreement between both spouses to end the marriage. Before filing a petition for divorce, at least one of the spouses must have resided in the state of Arizona for at least 90 days. After it is filed, a waiting period of 60 days is mandatory before a judgement on the divorce will be passed - as long as it is an uncontested divorce.

If property, assets, and/or children are involved, the spouses will cooperate with the courts to determine how they will be divided. Depending on how complex your case is, the divorce process can be long and drawn out or quick and simple. Regardless, our divorce attorneys can take your case and offer legal advice on how best to proceed. We will help you with the divorce papers and represent you in court regarding the more pressing matters of your divorce.

Alimony Attorney in Tucson

For some, a divorce can be financially devastating for one or both spouses especially if one was not working and stayed at home. It can cause stress and frustration in trying to find out how you will support yourself once the divorce is finalized. However, there is a chance that alimony can be awarded to one spouse if they are not able to financially support themselves during or after the divorce. In Arizona, this is called spousal maintenance. If a spouse can’t support themselves, a judge will usually require the one with the higher pay to help the other for a period of time. There are two types of spousal maintenance - temporary (rehabilitative) or permanent.

Temporary alimony can be awarded by a judge in which one spouse provides either a lump sum or a monthly installment for a period of time until the spouse can maintain themselves and find employment. Permanent alimony is rare and is usually only awarded based on age, disability or if there is an agreement that one spouse will provide this to the other. Whether or not a spouse receives alimony and how much depends on many factors including their ability to seek employment, current skills, age, length of marriage, and current financial resources. If you feel that you should receive alimony to help support you pending a divorce, consult with one of our family law attorneys and we can assist you with this step in the divorce process.

The Family Law Attorneys at Elkins & Associates serve clients in the Tucson area

The divorce process can be a lengthy process that involves many factors including children, property, and assets. While an uncontested divorce would be the best choice in divorce, there are some where the spouses can’t agree on something - resulting in a contested divorce and more paperwork and court visits. No matter the circumstance, we can help you with your divorce and help you achieve the best results possible for your case.

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Elkins & Associates PLLC
4771 East Camp Lowell Drive
Tucson, AZ 85712
(520) 219-4040

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