Surprise Divorce Attorney
A Surprise Divorce Attorney is a legal professional who will protect your rights and represent you when going through the divorce process in Maricopa County, Arizona. The state of Arizona is well known for being a no-fault state which simply means that the court will make no rulings regarding who is responsible for the couple applying for divorce. While the court has no real interest in the person who is at fault, they do care a great deal about the fair and equitable division of community property and debt that was acquired during the course of the marriage.
The court will spend a great deal of time on dividing community property, finances and debt during the course of a divorce trial in Arizona. The court is also required to make provisions for any children, natural or adopted, that are common to the couple before granting a divorce. Your Enholm Law, PLLC Surprise Divorce Attorney will also be careful to explain to you that regardless of the facts of the case, Arizona will make no ruling or grant a divorce until 60 days have passed since the date of filing.
Areas Of Focus
An Enholm Law, PLLC Surprise Divorce Attorney will focus on four specific areas when it comes to your divorce case. These areas will be the division of property, child custody, community waste and support maintenance (alimony and child support). Here is a quick overview of these areas:
Division Of Property
Arizona, as we have already mentioned, is a community property state and will focus on the fair and equitable division of marital properties, community assets and mutual debt. Separate Property is property that was acquired prior to the marriage or provided for in a prenuptial agreement. Separate Property will usually be kept out of the Division of Property proceedings. Community Property is property that was acquired while the couple was married. These can include bank accounts, real estate, cars, boats, stocks and other items of value. Community Property also includes the mutual debt accrued by the couple.
Working with a Surprise Divorce Attorney to help protect your assets and to minimize your debt will be a crucial part of the success of any divorce trial. It is important to remember that Arizona will attempt to divide things in a fair and equitable manner and this rarely involves a 50/50 split.
Child Custody in Arizona is now comprised of two separate areas, Legal Decision Making and Parenting Time. The court will use Arizona Revised Statute (ARS) 25-403 and take into account what is in the best interests of the child. Either parent could receive Sole Legal Decision Making or the couple could be tasked by the court with Joint Legal Decision Making. In some instances, the court will insist on the two parents taking equal responsibility for Legal Decision Making but provides that one parent will have the final say.
The court will always attempt to insure that a child receives equal and meaningful contact with both parents. There are reasons that one parent might be ruled as the custodial parent, especially if the child is of school age or there are issues of domestic violence or sexual abuse involved. Unless one parent, for whatever reason, is found to be unfit in the eyes of the court then parents can look forward to equal parenting time with their children. The court will always rule in favor of the best interests of the child and attempt to minimize anything that will cause further undue hardship.
Community Waste is usually awarded in a lump sum payment to one spouse for poor choices made by the other spouse. This money usually has a negative history connected to it such as drug abuse, excessive alcohol abuse, prostitutes, gambling or other risky behavior that one spouse engaged in that caused significant loss to the other. This could include any romantic relationships that occurred outside of the marriage. Openly discussing any of these subjects can be difficult for people but letting your Enholm Law, PLLC Surprise Divorce Attorney know what these issues are can help you best prepare for what is to come.
Spousal Maintenance may be awarded at the discretion of the court. Spousal Maintenance, also called alimony, is usually awarded in marriages of long duration where the spouse who is seeking the support has no ability to be self-sufficient. Arizona Revised Statute (ARS) 25-319 lays out all of the specifics for Spousal Maintenance.
Child support is strictly regulated and makes use of the Arizona Child Support Guidelines and the Arizona Child Support Calculator. Unlike Alimony, Child Support follows very specific guidelines and is awarded to see to the financial security of any children that the couple have in common. Working with a Surprise Divorce Attorney will insure that your rights, and the rights of your children, are protected.
Surprise Divorce Attorney – Free Consultation
During your initial free consultation, your Enholm Law, PLLC Surprise Divorce Attorney will review the specific circumstances that you face in relationship to your legal issues. This time is set aside for your Surprise Divorce Attorney to listen to your side and to advise you on the strengths and weaknesses in your legal argument. All of the documents that have been drafted, any evidence that might be involved and the specific legal facts of your case will be discussed. This meeting will be held in your local area to insure that you have the maximum amount of time to focus on your specific situation.
After your first consultation, your Surprise Divorce Attorney will arrange for you to receive a Temporary Orders Hearing with the court. If there is any chance of reaching an amicable solution, a Resolution Management Conference will be arranged before, during or just after your hearing. At this point in time your case can grow into either a settlement or a full blown court trial.
Enholm Law, PLLC – What To Expect
At the law firm of Enholm Law, PLLC, we take our slogan “we take sides…yours” extremely seriously. When you are facing legal issues of any kind, the additional burden of feeling alone or that you have no one on your side can be stressful on you both emotionally and physically. Knowing that you have someone who will listen, who will follow a defined course of action and who will protect your rights are critical factors in the personal and legal success of your case. Our staff, including your Surprise Divorce Attorney, are trained to work together in a cohesive unit to provide you with the personal and professional legal tools you need. We make the following promises to all of our clients:
- All meetings can be arranged in Surprise, Arizona, for your convenience.
- All of our staff undergo ongoing training in their specific fields of endeavor.
- A high level of competency and skill, to include all statutes and case law, are expected of our team.
- You will receive a comprehensive, easy to follow, plan that we only deviate from when circumstances change.
- You will receive bi-weekly status calls to update you on the progress of your case.
- All of your phone calls or emails will be returned within 24 hours or less.
- A clear Fee Structure based upon a flat fee model or hourly billing.
Call (602)889-6273 right now to receive your initial free consultation with a Surprise Divorce Attorney who is ready to take your side.
- 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