Navigating a divorce in Maricopa County can be challenging, especially when in Arizona, community property laws significantly impact property division. With over 80 years of combined experience, the experienced team at Simon Law Group is here to guide you through the legal steps of divorce in Arizona, ensuring you’re well-prepared and informed about your rights and responsibilities during this complex process.
In this blog, we provide a guide to divorce in Arizona which will teach you everything you need to fully grasp the process. If you’re in a position where divorce may be an option, you aren’t alone, connect with Simon Law Group and get the legal consultation you deserve today.
How the Divorce Process Works in Arizona
1. Start with Preparation
Preparing for a divorce means gathering essential documents and being proactive. Before beginning the process, make copies of key financial documents, including:
Bank, credit card, mortgage, and investment account statements
Tax returns
Retirement account statements
Thorough preparation can provide a clear financial overview, which is essential when dividing assets and debts in a community property state like Arizona. Keep in mind that any debts and assets acquired during your marriage are considered community property and must be divided. However, certain exceptions apply, and our attorneys can help you determine whether specific assets or debts may qualify as separate.
2. Understanding Community Property During Divorce in Arizona
Arizona’s community property laws mean that assets and debts acquired during the marriage belong equally to both parties. This is true regardless of how long you've been married. There are exceptions, however, for situations where debts didn’t benefit the community, such as gambling losses or significant gifts to another person. Our team can help you understand what’s considered community property and what might be separate based on your situation.
3. The Legal Process
The court process can vary in length and cost depending on the issues raised. While some cases resolve quickly, others may take more time if they involve more complex issues or disagreements between parties. We will be by your side, explaining what to expect and advocating on your behalf.
4. Divorce When Children Are Involved
Divorce becomes more complex when children are involved, as the court considers both legal decision-making and parenting time. Arizona offers several arrangements:
Joint Legal Decision-Making (JLDM)
In most cases, both parents share responsibilities for decisions about education, health, religion, and extracurriculars. This does not mean equal parenting time but does involve mutual decision-making.
Sole Legal Decision-Making
Granted in cases where one parent has issues such as substance abuse or co-parenting difficulties.
Hybrid Joint Decision-Making
In some cases, one parent may have final decision-making authority, depending on the unique circumstances of the case.
Arizona law, specifically ARS §25-403, directs the court to consider 11 key factors when determining the best interests of the child, covering both physical and emotional well-being.
5. Creating a Parenting Plan
A clear parenting plan minimizes misunderstandings and reduces the need for further court visits. A well-drafted plan should detail parenting time, holidays, vacations, and other schedules. Our team can guide you in creating a plan tailored to your family’s needs, avoiding potential conflicts down the road.
6. Child Support in Arizona
Calculating child support requires careful consideration of factors like:
Adjusted gross income
Health insurance costs
Extraordinary educational expenses
Parenting time credits
Our attorneys can calculate child support obligations based on these factors and Arizona’s specific guidelines to provide you with an accurate understanding of what to expect.
7. Spousal Maintenance (Alimony)
Arizona’s spousal maintenance guidelines, revised in September 2022, are designed to ensure that the receiving spouse becomes self-sufficient. Under ARS §25-319(B), courts award spousal maintenance based on both need and duration. The guidelines provide a range, but the court may adjust the amount depending on specific factors relevant to each case. Simon Law Group’s seasoned experience in spousal maintenance cases can provide you with insight into the specifics of your situation.
8. Attorney Fees
In cases where there is a significant income disparity between spouses or if one party engages in unreasonable conduct that drives up litigation costs, Arizona courts may order one party to pay the other’s attorney fees. This can help prevent financial burdens caused by protracted legal disputes, allowing both parties to focus on equitable resolution.
9. Division of Marital Property
Arizona law requires an equitable division of marital property, which may include the family home. If you and your spouse own a home together, options might include selling the property, refinancing it, or delaying a sale. Even if only one spouse is on the title, the other may still have a community interest. Our attorneys can clarify what these interests mean for your particular case.
10. Paternity Rights for Unmarried Parents
If you are not married to your child’s other parent, legal paternity must be established for child support and parenting time rights to be enforceable. Unmarried fathers have no legal parental rights until they secure a paternity order from the court. Simon Law Group can assist in establishing paternity and securing parental rights.
Schedule Your Divorce Consultation
Starting the divorce process without knowledge of your rights can lead to complications. Speaking with a Simon Law Group attorney will provide you with a clear understanding of the divorce process, your responsibilities, and what to expect. With over 80 years of combined trial experience, our team can guide you through the complexities of Arizona family law, ensuring you’re prepared and supported throughout the entire process.
Want more information on divorce proceedings in Arizona? Craig J. Simon and his team are here to help. Schedule your free consultation online or by calling 480-745-2450 today.
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