A divorce can be a very stressful and emotional. If you are attempting to manage your divorce case on your own, this process can be exhausting. Choosing to hirea qualified attorney can make this process much more manageable. Here are some fundamental roles that a family law attorney will assist their clients with.
Explaining the Arizona Revised Statutes, Title 25
Each state has their own statutory requirements that a party must meet before filing for a divorce. Arizona is a no-fault state, which basically means that whatever reason you may have for getting a divorce is not relevant to the Judge for granting the divorce or dividing property.
The Statutes in Title 25 sets forth the law and how it pertains to an Arizona dissolution, legal separation or annulment. The law also governs property obtained prior to, during and after proper service of the Petition.
The law does not stop with Title 25. The Arizona Rules of Family Law Procedure sets forth issues such as deadlines, discovery, temporary orders and much more. If you have minor children then the Arizona Child Support Guidelines will also apply to your case.
As I stated, divorce is extremely stressful and can be emotionally draining. When these things play a role in your decisions, it is easy to lose your way or make decisions based on your emotions rather than what is right for you. Divorce attorneys know that it can be difficult to differentiate between smart decisions and emotional decisions during this process. This is an important role for a divorce attorney as it is their job to explain to you what fights are worth fighting for on a legal point of view and what fights are better left alone. This can be extremely beneficial to save you money in litigation fees and possible save you from paying the other spouses attorney’s fees and/or costs for unreasonableness.
Getting an Accurate Accounting of Community Assets
In addition to legal advice comes the experience of maneuvering through the court system and financial documents.There are several issues regarding financial documents such as stock options, retirement plans, etc.
Attorneys can also explain how property is divided during a divorce. Some believe that everything should be 50/50, however, it is not that simple. For example, what happens to vehicles? Does it matter whose name it is register to; or the loan; or if the vehicle is paid off? The answer is: maybe. The better question is: how?Many things can play into how property is divided. This is also governed by the Arizona Revised Statutes as well as case law.
An attorney can decipher what is community property and what is sole and separate property and if a community lien is necessary. There is nothing worse than giving your spouse something they are not entitled to.
Child Custody and Parenting Plans
In many divorce proceedings, the most important decisions are regarding the minor child(ren). A divorce attorney can help a party negotiate custody, now referred to as legal decision-making as well as parenting time. Families are not the same and do not share identical schedules. Each family is unique and have unique needs that should be addressed in the custody and parenting plan arrangements. An attorney can help you negotiate a custody and parenting time schedule that works for you and your child(ren), one that you have a part in drafting. This is extremely important in building a successful custody and parenting plan that is going to work for your family and your child(ren).
Determining Spousal Maintenance (alimony) and Child Support
A divorce attorney can help determine if a spouse is entitled to spousal maintenance and/or child support. Again, statutes, case law, guidelines all provide guidance to determine family support.
These are only a few of the roles a divorce attorney plays in a divorce proceeding. A divorce attorney has many roles during this process and without their help, a party is responsible for knowing and adequately defending their positions and case.
Call Enholm Law at 602-889-6273 for an initial consultation and see how we can help you during your family law matter.