A Buckeye divorce attorney can help you to understand your rights and responsibilities when entering into the divorce process in Maricopa county, Arizona. It is important to understand that Arizona is a no-fault state for divorce. This means that the court is not interested in who is responsible for the breakup of the marriage.
What is important is that Arizona is a community property state and the court is extremely interested in the process of equally dividing up any property and finances gained during the course of the marriage. The court will also be taking into account any minor children that are conceived naturally or acquired through adoption, and the best interests of any children going forward. Regardless of what path you take during the course of your divorce, the court cannot award a divorce until 60 days from the date of filing.
Four Areas Of Focus
Spousal maintenance, commonly called alimony, is assessed in the Court’s discretion. It is important to note that Spousal maintenance generally is not awarded for marriages of short duration or when the party seeking spousal maintenance is able to be self-sufficient. Spousal Maintenance is governed by Arizona Revised Statute 25-319.
Community waste is a term that is used to describe funds that were wasted on items or persons during the marriage and had no benefit to the members of the marriage, or the community. Some typical examples of community waste are prostitutes, drugs, gambling, gifts, trips, or money spent on a boyfriend or girlfriend outside of the marriage.
Property division is the equitable distribution of the couple’s marital property and assets that are both Community and Separate in nature. Community property includes all assets and property accumulated during the marriage.. Community property is divided equally between the spouses. Separate property are assets that are not a part of the marital estate and will not be subject to division in dissolution proceedings. Any property acquired before the marriage is considered Separate Property.
Custody in Arizona covers several areas, the first being legal decision making. Either parent could be awarded sole legal decision making or one parent may be giving sole legal decision making powers. It is also possible that both parents could have legal decision making but one parent has the final say. The court evaluates your situation against ARS 25-403 which focuses on the best interests of the child. Parenting time and child support payments will also be determined based upon the best interests of the child.
Working with a Buckeye Divorce Attorney
Your first interaction with an Enholm Law, PLLC Buckeye divorce attorney will be a consultation. This will help you and your attorney determine a basic plan. You will also outline the important facts and legal issues of your case. Your attorney and you will then meet to discuss the documents that have been drafted and the evidence that has been compiled. This meeting will be a time were attorney will be able to advise you on areas of risk and areas of strength.
From this point your Buckeye divorce lawyer will set your case for a temporary orders hearing or resolution management conference and your case will begin to develop fully into a trial or a full settlement.
What to expect from Enholm Law, PLLC
An Enholm Law, PLLC Buckeye divorce attorney will always keep in communication with you. We have a schedule of bi-weekly calls to our clients and any call originating from the client will be answered immediately or returned within 24 hours if your attorney is in court that day. You can expect a clear fee structure on either an hourly basis or using a flat fee model. You can expect to have a comprehensive plan that both you and your Buckeye divorce attorney have worked out that can be adjusted as needed as evidence and issues are revealed. You can also expect a high level of competency from our attorneys. Our attorneys are constantly involved in ongoing training as well as the benefit of the advice and experience of other lawyers in our office. Finally, even though our main office is in Phoenix, our attorneys meet with clients in our Buckeye satellite office several times a week so you can schedule meetings in your local area.
To arrange for your consultation, please call (602) 889-6273 and schedule a meeting with an Enholm Law, PLLC Buckeye divorce attorney today.
- The Arizona Divorce Process Timeline
- The Basic Areas Of Phoenix Family Law
- The Seven Deadly Sins Of Divorce
- Divorce – Common Issues
- Overview of Annulments
- Phoenix Divorce – What Is Discovery?
- Guidelines For Spousal Maintenance
- Legal terms used in a divorce
- Resolution Management Conference
- Temporary Orders
- Asset Protection Suggestions
- 10 Things to Avoid During a Divorce
- Divorce or Reconciliation
- Covenant Marriage
- Arizona Divorce Requirements