Moving with a child after divorce is not always as simple as packing boxes and changing addresses. If a move affects the other parent’s legal decision making rights or parenting time, Arizona law may require notice and, in some cases, court involvement.

This issue is especially common in Pinal County. Families may move between San Tan Valley, Queen Creek, Casa Grande, Florence, Maricopa, Apache Junction, Phoenix, Tucson, or another city for work, housing, family support, or school opportunities. Even a move that feels reasonable to one parent may create major problems for the other parent’s time with the child.

Arizona Has Specific Relocation Rules

Under Arizona law, relocation rules may apply when both parents are entitled to legal decision making or parenting time and one parent wants to move the child out of state or more than 100 miles within Arizona.

In many situations, the moving parent must provide advance written notice. The other parent then has a limited time to object. If the issue goes to court, the judge will consider whether the move is in the child’s best interests.

This is not an area where parents should rely on informal assumptions. A parent who moves without following the proper process may face serious legal consequences.

The Court Looks At The Child’s Best Interests

The court does not approve or deny relocation based only on what is convenient for either parent. The focus is the child.

The court may consider why the move is being requested, whether the move would improve the child’s quality of life, how it would affect the child’s relationship with the other parent, whether a realistic long distance parenting plan is possible, and whether either parent is acting in good faith.

For example, a parent may want to move for a better job, lower housing costs, family support, or a safer environment. Those reasons may matter. But the court will also consider whether the move would damage the child’s relationship with the other parent.

Do Not Wait Until The Last Minute

Relocation cases can move quickly, and timing matters. If you are the parent who wants to move, you should get legal advice before making final plans. If you are the parent opposing a move, you should act quickly once you receive notice or learn that the other parent may be relocating.

Waiting too long can weaken your position. It can also create unnecessary stress for the child.

Talk To A Pinal County Relocation Attorney

If you want to move with your child, or if your co parent is planning a move that affects your parenting time, High Desert Family Law Group can help you understand your rights. A relocation case can affect your child’s daily life for years, so it is important to handle it carefully from the start.

Divorce is never just paperwork. In Pinal County, it impacts many people’s home, children, retirement accounts, debts, vehicles, businesses and day-to-day life. The divorce process begins by filing the proper documents with the court, whether you live in Casa Grande, Florence, Maricopa, San Tan Valley, Queen Creek, Apache Junction, Coolidge or a neighboring community.

Arizona is a no-fault divorce state. This means that generally one spouse does not have to prove wrongdoing in order to seek a divorce. The court can grant a divorce when the marriage is irretrievably broken. That may sound simple, but the actual process can quickly become complicated, especially when children, property, support or conflict are involved.

The first person to file is usually called the petitioner . The other spouse is the respondent . Once the petition is filed , the other spouse must be properly served . From there the case may involve temporary orders , financial disclosures , negotiation , mediation , and if necessary , a trial .

What Issues Can Come Up In A Pinal County Divorce?

A divorce case may involve several major issues at once. These can include division of property and debt, spousal maintenance, child support, legal decision making, parenting time, and who stays in the marital home while the case is pending.

Arizona is a community property state. In general, property and debt acquired during the marriage may need to be divided fairly. That does not always mean everything is split in the simplest possible way. A family business, real estate, retirement accounts, credit card debt, or separate property claims can make the case more detailed.

When children are involved, the court will focus on their best interests. Parents may need a parenting plan that addresses school schedules, holidays, transportation, communication, medical decisions, and how major decisions will be made.

Temporary Orders May Matter Early

Many divorce cases cannot wait until the final decree to resolve urgent questions. One spouse may need help paying bills. Parents may need a temporary parenting schedule. Someone may need temporary use of the home or vehicle.

Temporary orders can help create structure while the case is pending. They are not the final outcome, but they can strongly affect the way the case feels day to day. That is why it is important to take them seriously.

Local Guidance Can Make A Difference

Pinal County families often face practical issues that look different from cases in central Phoenix or Scottsdale. Some parents commute long distances. Some families are spread between Pinal and Maricopa counties. Others may have work, school, or extended family ties in multiple cities.

A good divorce strategy should account for the real life geography of the family. A parenting plan that looks fine on paper may not work if it ignores school drop offs, work shifts, travel time, or children’s activities.

Let’s take a complete look at the similarities and differences between divorce and dissolution below.

What Is Dissolution?

Dissolution can essentially be thought of as a no-fault divorce, which is recognized by the state of Arizona. For a dissolution, fault grounds will not be required. If the spouses can negotiate and come to agreement on all terms of their upcoming separation, they can then file for dissolution.

A dissolution of marriage can alleviate much of the dreaded divorce process. It will also save on costs because there will be no need for court involvement during these negotiations.

In a dissolution, once the spouses have reached agreements on all aspects of their separation agreement, the agreement will be filed with the court. Next, a final merits hearing will be scheduled. Dissolution undoubtedly offers a more streamlined version of a divorce process.

What Is Divorce?

Typically, there are two kinds of divorce: uncontested and contested. In some cases, the married couple agrees on the divorce, which makes it uncontested. This type of divorce occurs when both parties agree to terms on the division of possessions and fill out all the required paperwork to complete the process peacefully.

It is possible to complete the uncontested divorce process with DIY paperwork and necessary filing fees. Either an attorney or legal document preparer can also ensure your paperwork is filled out properly. A contested divorce occurs when the parties ultimately disagree on the proposed terms of said divorce. Oftentimes, couples may disagree on child support, the division of assets, and spousal maintenance, among other issues.

The typical Arizona divorce process will involve the following steps:

• Couples gather all necessary information and documentation.
• Fill out appropriate divorce forms.
• File and serve the forms.
• Pay filing fees.
• Wait for a response.
• Attend the hearing.

In addition, Arizona is a covenant marriage state. This is a specific type of marriage where the married couple only agrees to divorce under specific conditions. Spouses in a covenant marriage must meet specific criteria to dissolve their marriage (A.R.S. §25-903 and A.R.S. §25-904). Covenant marriages are quite rare even in the state of Arizona. Let’s look at the common divorce types below.

Contested Divorce

You may try to obtain a settlement in a contested divorce, but if you do not succeed, these determinations will be made by a judge including, legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

Uncontested Divorce

If terms were initially agreed and everyone is satisfied, paperwork may be filed explaining the arrangements without the need for a judge to make determinations.

Collaborative Divorce And Divorce Mediation

Collaborative divorce can lead toa divorce relatively free of stress even when there is not total agreement between the partners. A lawyer advocates for each party to come to conclusions. In mediation, a third party (strictly neutral) works with both parties to make agreements without the need for a judge.

Default Divorce

When you file for divorce and the other party does not respond within a period of twenty days following being served with papers, you may be allowed to proceed by the court on a default basis.

No-Fault Divorce

In a no-fault divorce, neither party will have to prove the other party is at fault in order to justify the divorce. Instead, one of the spouses must simply assert that he or she believes the current marriage to be irretrievably broken. Neither party will have to prove impotence, adultery, cruelty, or any other grounds for a divorce with this process. There is only one exception to this rule, however. Couples that choose to enter into a covenant marriage or convert their marriage to a covenant marriage are not eligible for a no-fault divorce.

Legal Separation

Not dissimilar to a divorce in that the court determines legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

How Are Dissolution And Divorce Different?

This is simply a broad comparison of dissolution and divorce processes in the state of Arizona. It’s always best to consult an experienced attorney prior to choosing either option when attempting to end a marriage. Contact the experienced team at High Desert Family Law Group for more information today!

Source: “How To Write A Postnuptial Agreement With Or Without A Lawyer” Hello Divorce https://hellodivorce.com/divorce-planning/how-to-write-a-postnuptial-agreement-with-or-without-a-lawyer

It can be hard to file for divorce, especially if you have never been to court before. If you reside in Pinal County, Arizona, knowing the fundamental procedures might help you feel like you can handle the process better. Under Arizona law, the divorce procedure is the same no matter where you live, whether it’s in Casa Grande, San Tan Valley, or a nearby town. Read on to learn more.

Meeting the Requirements for Living in Arizona

At least one spouse must have lived in Arizona for at least 90 days before they may file for divorce in Pinal County. You don’t have to live in Pinal County for a certain period of time, but the lawsuit must be filed in the county where one of the spouses now lives. In Arizona, you don’t have to prove blame in a divorce. This implies you don’t have to show that someone did something wrong. You just say that the marriage is damaged beyond repair.

Putting in the Divorce Petition

The first step in getting a divorce is to file a Petition for Dissolution of Marriage with the Pinal County Superior Court. The petition provides basic information including the names of both spouses, the date of marriage, any children involved, and what the filing spouse wants in terms of property, debts, child custody, and support.
The petition must be legally served on the other spouse after it has been filed. It’s very important to serve properly, because errors might slow down your case.

Answering the Divorce Papers

The spouse who receives the service has a short amount of time to write a written response. If you serve someone in Arizona, you usually have 20 days to respond. If you serve someone outside of Arizona, you usually have 30 days.
If the spouse who is answering does not file a response, the case may go on as a default divorce. This can speed things up, but you still have to be careful to avoid making mistakes that cost a lot of money.

Solving Important Divorce Problems

There are two types of divorce cases: uncontested and contentious. When both spouses agree on all the important issues, such as how to divide their property, how to spend time with their children, who makes legal decisions, how much child support to pay, and how much spousal maintenance to pay, the divorce is uncontested. If there are issues, the court may demand mediation or hearings in front of a judge. Many divorces settle before trial, even when there are disagreements, with the aid of expert legal advice.

Finishing the Divorce

There is a 60-day waiting period in Arizona that starts when the responding spouse is served. After that time, and once all problems have been fixed, the court can sign the Decree of Dissolution of Marriage, which ends the marriage for good.
Families in Casa Grande or San Tan Valley may make sure that deadlines are met and documentation is done right by consulting with a lawyer in their area.

 

The cost to file a Petition for Dissolution of Marriage Maricopa County is $349.  The responding party will be required to pay $279 when filing their Response, or if both parties have agreed to a Consent Decree, the $279 is still due and owing from the other party when they respond.

Average Divorce Filing Fees

Divorces can vary widely on costs depending on the kind of divorce you want to pursue. While there are no specific rates, averages from the past can give an indication. Undoubtedly, a contested divorce with protracted proceedings will be more costly than an uncontested divorce. While no set rates apply here, it is possible to estimate cost based on historical averages of similar divorce cases. However, you can expect to pay a filing fee of $349 in Maricopa County, AZ.

Normally people do not spend in excess of $10,00 per person. There are always additional costs people do not often think about. Those that go to trial will have additional financial burdens for child custody evaluations, depositions, maybe a business appraiser as well as forensic accountants. The parents may have to attend a Parental Information program and if a private divorce mediator is utilized there will also be additional costs.

*These are costs according to Clerkofcourt.maricopa.gov. Contact the experienced team at High Desert Family Law Group for more information!

Types Of Divorce In Maricopa County, AZ

There are a few options for Arizona couples considering a split. Let’s look at the common divorce types below.

Contested Divorce

You may try to obtain a settlement in a contested divorce, but if you do not succeed, these determinations will be made by a judge including, legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

Uncontested Divorce

If terms were initially agreed and everyone is satisfied, paperwork may be filed explaining the arrangements without the need for a judge to make determinations.

Collaborative Divorce And Divorce Mediation

Collaborative divorce can lead toa divorce relatively free of stress even when there is not total agreement between the partners. A lawyer advocates for each party to come to conclusions. In mediation, a third party (strictly neutral) works with both parties to make agreements without the need for a judge.

Default Divorce

When you file for divorce and the other party does not respond within a period of twenty days following being served with papers, you may be allowed to proceed by the court on a default basis.

No-Fault Divorce

In a no-fault divorce, neither party will have to prove the other party is at fault in order to justify the divorce. Instead, one of the spouses must simply assert that he or she believes the current marriage to be irretrievably broken. Neither party will have to prove impotence, adultery, cruelty, or any other grounds for a divorce with this process. There is only one exception to this rule, however. Couples that choose to enter into a covenant marriage or convert their marriage to a covenant marriage are not eligible for a no-fault divorce.

Legal Separation

Not dissimilar to a divorce in that the court determines legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

How To File For Divorce In Maricopa County, AZ

The Arizona divorce process starts when one spouse files a petition for dissolution of marriage. At this time, all related documents will be filed to the court and these documents are ultimately served to the other spouse. The spouse who is served now has 20 days to file a response with the court. If this spouse fails to respond to the petition within the appropriate time frame, the other spouse may apply for a default divorce.

Prior to the divorce being finalized, mediation may be required in order to help the spouses come to an agreement regarding the divorce terms. This can include child support, child custody, alimony, and property division.

Mediation provides a fair opportunity for both spouses to work together utilizing the help of a neutral, third-party mediator. The mediator is there to facilitate the necessary conversations, helping them to reach an agreement that works for everyone involved.

If the spouses can still not agree on the divorce terms, a trial will result. During this trial, each side will be given an opportunity to present evidence to support their case(s). The judge will make their decision, issue the order and finalize the divorce agreement.

Source: “Questions – Divorce & Annulment” AZ Law Help https://www.azlawhelp.org/viewquestions.cfm?mc=1&sc=3&qid=8476

Planning a divorce can at times be absolutely overwhelming. However there are things to consider and to prepare for. In this guide we look at some of those important issues. Read on to learn more.

It is not easy to decide to end a marriage. At this point in their lives, many people feel overwhelmed not only by their emotions but also by how complicated the process will be.

Whether this separation has been on your mind for years or it has suddenly become necessary, the foundation you set up today will support all that comes after it. Let’s look at the basic steps that can make a procedure that is naturally hard easier to deal with.

1. Your Money Situation

Before you file for divorce, it’s very important to fully grasp your financial condition. Many people who are getting divorced don’t know everything about their joint assets, investments, retirement funds, or property valuations. This lack of information can make talks much harder for someone and may even affect their financial stability for years to come.

Before you file, make sure you have a full picture of your finances. This entails getting your tax returns, investment statements, retirement account information, property deeds, mortgage documentation, and credit card statements. Write down both your assets and your debts—what you own and what you owe. Keep in mind that in most states, the division’s goal is fair distribution, which means fair but not always equal.

Making a sensible budget after the divorce is just as vital. Your finances will change a lot, and you may have to go from having two incomes to just one. Take into account new costs that weren’t a part of your married existence, such as separate housing, health insurance for each person, and maybe childcare bills. Think about what your life will be like six months and a year following your divorce, and then make plans based on that.

To be financially independent, you need to plan ahead. Before filing, many of our clients set up separate bank accounts and credit cards so they can get to their money during the process. Courts don’t like it when people hide their assets, but this phase is about making sure you have enough money to get through a time of change.

2. Who Is Going To Live Where?

Deciding where each individual will live is one of the most emotionally and practically important parts of divorce. The family house, which is generally the largest shared asset, is both a place to invest money and a place to feel safe. The decision of who stays and who departs is more than just a matter of preference; it also has to do with money, how close the children are to school, and sometimes safety.

When thinking about where to live, think about both your short-term demands and how long you can stay there. Can you pay the rent or mortgage with just one income? Will maintaining the house mean giving up money for retirement or school? Sometimes, emotional ties lead to financial choices that don’t work out years later.

For parents, decisions about where to live are even more important. Courts usually want children to have stable homes, which could affect decisions about where to live. The parent who stays in the family home usually has an edge in custody talks, but this is not the only thing that matters. Some customers choose “nesting” arrangements during the processes. This means that the kids stay in the family home while the parents take turns living there. This is a temporary option that gives the kids stability at a time of uncertainty.

Timing is important no matter what you do. Changes to your home without legal help can sometimes affect how property is divided or who gets custody. Talking to your lawyer before making big decisions about your residence can help you avoid problems that could affect your case in the long run.

3. Kids at the Center Of Decision Making

Divorce is much harder when kids are involved. The dissolution of a marriage does not mean the end of being a parent. When making decisions, courts always put the best interests of the kid first. They focus on what is best for the child’s physical and mental health, not what is easiest or most convenient for the parents.

Good co-parenting starts even before you file for divorce. You should think carefully about how to share important information about your children’s health, education, and emotional needs. Making it easier for people to share this knowledge without causing problems is good for everyone, especially your kids. Keep in mind that courts like parents who are eager to help their children get along with the other parent, even if they don’t get along with them personally.

Kids of different ages deal with divorce in different ways. Toddlers may fall behind in developmental milestones, and teenagers may show hostility or pull away. If you know how others will react, you can provide them the right kind of help. A lot of parents say that talking to child psychologists before telling their kids about their divorce helps them talk about it in ways that are acceptable for their age and don’t cause too much trauma.

Separating marital problems from parenting issues may be the hardest part. Kids do better when they don’t have to deal with their parents’ arguments, can love both parents without feeling bad about it, and have the same routines in both homes. More and more, courts support shared parenting agreements when they can, since they see how important it is for kids to have strong relationships with both parents.

4. Legal Help: Your Divorce Navigator Can Make The Divorce Path Easier

The laws on divorce are like a complicated ecology with its own language, rituals, and rules that aren’t written down. Without help from someone who knows what they’re doing, it’s easy to make mistakes that cost a lot of money. The lawyer you choose will have a big effect on both the procedure and the outcome of your divorce.

When choosing a lawyer, don’t just look for someone who has general family law experience; look for someone who is an expert in divorce law. During a divorce, the connection between a lawyer and a client needs more than just legal knowledge. It also needs clear communication, strategic thinking, and a good match of personalities.

The expense of hiring a good lawyer is typically much less than the benefits you get from it. Experienced lawyers find assets that could otherwise be missed, negotiate better support arrangements, and assist clients stay away from typical mistakes that can have long-lasting effects. The hourly charges may appear high, but going through complicated legal proceedings on your own is usually more expensive, both financially and emotionally.

5. Credit and Debt: How to Keep Your Money Safe in the Future

Divorce has immediate effects on your finances, but the effects on your credit can last for years after the divorce is final. To safeguard and understand your credit throughout this transition, you need to actively manage your joint accounts and set up your own credit in a smart way.

Joint credit accounts mean that both people are responsible for the debt, no matter who took it out or what your divorce decree says. Creditors know the names on accounts, but they don’t know the conditions of your divorce settlement. This means that your credit could be hurt if your ex-spouse doesn’t pay off debts that were assigned to them in the divorce. Close joint accounts before filing or change them to individual accounts whenever you can to avoid problems in the future.

Getting your own credit is especially vital if most of your accounts were joint or in your spouse’s name before. Before filing, we suggest getting your own credit cards and maybe a few small loans. Then, show that you can handle your money well to establish your credit profile. This phase is very helpful whether you need to find a place to live, go about, or buy other things that require credit.

When a couple gets divorced, they want to divide their debts fairly, but they need to think about both the law and the actual world. Sometimes it makes sense to take on a little more debt in return for a little more assets, especially if the debts have high interest rates or if making payments is hard because of your income. Your lawyer can assist you look at these trade-offs in light of your whole financial situation.

6. Being Strong Emotionally

Even the friendliest divorce is a huge loss of relationship, identity, future aspirations, and often even community. People generally pay less attention to the emotional parts of divorce than the legal or financial parts, yet they are the most important parts of the process that affect your capacity to make good decisions.

Before filing, it’s important to build a balanced support network. This will help you get through the tough times ahead. This network could include close friends who are always there for you, family members who help you with practical things, and professionals who give you unbiased advice. Many clients find it helpful to work with therapists who specialize in divorce transitions. These therapists give them strategies to deal with anxiety, sadness, and problems with co-parenting.

When things get really stressful, it’s easy to forget about self-care. But it’s still important to stay healthy physically and mentally when making big decisions. When everything else seems to be changing, simple things like getting enough sleep, working out regularly, eating healthy foods, and taking time to be attentive might help you stay stable. These aren’t extras; they’re things you need to do while you’re going through big changes in your life.

Setting emotional boundaries is just as crucial, especially when it comes to dealing with your soon-to-be-ex-spouse. Clear rules for communication, including just talking about child-related issues or having lawyers handle exchanges when things get tense, can help keep emotions from getting out of hand and affecting judgment. Keep in mind that the emotional effects of divorce remain longer than the legal ones. The choices you make during this time will affect your life beyond the divorce.

7. Paperwork: The Key to a Strong Case

In court, documents turn claims into proof. The way your records are organized and how complete they are can have a big effect on how quickly and well your divorce goes. Starting this organizational procedure before filing offers you time to gather materials without having to worry about court deadlines.

Important documents go beyond just financial records. They also include correspondence, calendars that show parenting time, records of contributions to the marriage, and proof of separate property. Using secure cloud storage to organize digital files protects them from being lost or destroyed during contentious procedures, which happens more often than most people think.

Putting in the time and effort to make complete records nearly always pays off in faster legal proceedings. When requests for information can be quickly met, there are fewer delays and fewer legal expenditures that go along with them. More significantly, good documentation makes your case stronger in negotiations, which often leads to better settlements without a long court battle.

Divorce can be hard and emotionally draining, but mediation is a less confrontational and typically faster way to settle things. Couples in Arizona who want to end their marriage peacefully often choose mediation. One of the most popular questions couples ask is, “How long does mediation for divorce take?” The answer depends on a number of things, but knowing how the process works can help you plan ahead and know when things will happen. Read on to learn more.

In divorce mediation, a neutral third person called the mediator helps spouses talk about their problems and come to an agreement on the terms of their divorce. Some of these words are how to split up assets and debts, who gets custody of the kids, and alimony. Couples use mediation to come to an arrangement that works for both of them so that a judge doesn’t have to decide these critical issues in court.

Getting Ready for Mediation: The First Steps

Before mediation starts, a few things need to happen:

Picking a mediator.

Couples need to agree on a mediator who knows a lot about family law and how to mediate. Both sides need to be okay with the mediator they choose.

Collecting paperwork.

Both sides will need to get vital papers about their money, property, and other assets. These include things like tax returns, bank statements, mortgage papers, and more.

Setting up a first meeting.

The mediator will generally have a first meeting with the couple to explain how mediation works, address any questions, and see if they are a good fit for mediation. This gathering also helps figure out what problems need to be solved. This first step can take anything from a few days to a few weeks, depending on how quickly the couple can choose a mediator and get the paperwork they need.

The Mediation Process: Dates and Sessions

Most of the time, mediations in Arizona last for one full day. But couples can always have a second all-day or half-day session if they need additional time. The number and length of sessions can change depending on how complicated the problems are and how much the participants agree or disagree with each other. This is a general overview of the steps that need to be taken:

First Session

The initial mediation session is usually about figuring out what the couple’s primary problems are with the divorce arrangements. The mediator will set the rules for how to talk to each other and explain the aims. After that, the mediator will talk about and negotiate the division of marital assets and debts, make a parenting plan, figure out child support responsibilities, and, if necessary, talk about spousal support.

Next Sessions

If needed, a second session will help couples deal with problems that weren’t dealt with in the first session or need more meditation and talking to come to an agreement. Most couples won’t require a second session, but if they do, they can have one.

Writing the Agreement

The mediator will write up a settlement agreement that spells out the conditions once everyone agrees on everything. Both sides will read this document, usually with their lawyers, to make sure it truly reflects what they agreed on and understood.

Finalization

The court then gets the completed agreement to go over and approve. If the court thinks the agreement is fair and follows the law, they will issue a divorce decree based on the provisions of the mediation agreement.

Things That Affect How Long Mediation Lasts

There are a number of things that can affect how long the mediation process takes, such as:

How complicated the problems are.

Mediation will probably take longer if the issues are more complicated, including big assets, businesses, or custody arrangements that are in dispute.

How much cooperation there is.

Couples who can talk to each other and are willing to give up something tend to finish mediation faster than those who don’t want to talk about it.

Getting ready.

Being well-prepared with all the paperwork you need and knowing exactly what you want to achieve helps speed things up.

Availability.

The timing might be affected by the availability of both the mediator and the parties involved. Conflicts in scheduling can cause sessions to be pushed back and the process to take longer.

Being emotionally ready.

Divorce may be an emotional process, and sometimes one or both people need time to go through their feelings before they can be effective in mediation.

A Typical Timeline for Mediation

Because of the things listed above, divorce mediation might take a long time or a short time. It can take anywhere from a few weeks to a few months. If the case is simple and there aren’t many difficulties that need to be worked out, it could be settled in just two or three meetings over the course of a few weeks. More complicated instances can need six to ten sessions spaced out over a few months.

Benefits of Mediation

Mediation has a number of benefits over traditional litigation, even though it takes a lot of time:

Mediation is usually cheaper than going to court since it doesn’t cost as much for lawyers to bill hours and it doesn’t cost as much for court expenses.
Court cases are open to the public, but mediation is not. This anonymity can be good for couples who want to keep things private.

In mediation, couples have more say over the outcome than in court, where a judge makes the final decisions.

Mediation helps people work together and can help them get along better after a divorce, which is especially crucial when there are young children involved.

Let’s take a complete look at the similarities and differences between divorce and dissolution below.

What Is Dissolution?

Dissolution can essentially be thought of as a no-fault divorce, which is recognized by the state of Arizona. For a dissolution, fault grounds will not be required. If the spouses can negotiate and come to agreement on all terms of their upcoming separation, they can then file for dissolution.

A dissolution of marriage can alleviate much of the dreaded divorce process. It will also save on costs because there will be no need for court involvement during these negotiations.

In a dissolution, once the spouses have reached agreements on all aspects of their separation agreement, the agreement will be filed with the court. Next, a final merits hearing will be scheduled. Dissolution undoubtedly offers a more streamlined version of a divorce process.

What Is Divorce?

Typically, there are two kinds of divorce: uncontested and contested. In some cases, the married couple agrees on the divorce, which makes it uncontested. This type of divorce occurs when both parties agree to terms on the division of possessions and fill out all the required paperwork to complete the process peacefully.

It is possible to complete the uncontested divorce process with DIY paperwork and necessary filing fees. Either an attorney or legal document preparer can also ensure your paperwork is filled out properly. A contested divorce occurs when the parties ultimately disagree on the proposed terms of said divorce. Oftentimes, couples may disagree on child support, the division of assets, and spousal maintenance, among other issues.

The typical Arizona divorce process will involve the following steps:

• Couples gather all necessary information and documentation.
• Fill out appropriate divorce forms.
• File and serve the forms.
• Pay filing fees.
• Wait for a response.
• Attend the hearing.

In addition, Arizona is a covenant marriage state. This is a specific type of marriage where the married couple only agrees to divorce under specific conditions. Spouses in a covenant marriage must meet specific criteria to dissolve their marriage (A.R.S. §25-903 and A.R.S. §25-904). Covenant marriages are quite rare even in the state of Arizona. Let’s look at the common divorce types below.

Contested Divorce

You may try to obtain a settlement in a contested divorce, but if you do not succeed, these determinations will be made by a judge including, legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

Uncontested Divorce

If terms were initially agreed and everyone is satisfied, paperwork may be filed explaining the arrangements without the need for a judge to make determinations.

Collaborative Divorce And Divorce Mediation

Collaborative divorce can lead toa divorce relatively free of stress even when there is not total agreement between the partners. A lawyer advocates for each party to come to conclusions. In mediation, a third party (strictly neutral) works with both parties to make agreements without the need for a judge.

Default Divorce

When you file for divorce and the other party does not respond within a period of twenty days following being served with papers, you may be allowed to proceed by the court on a default basis.

No-Fault Divorce

In a no-fault divorce, neither party will have to prove the other party is at fault in order to justify the divorce. Instead, one of the spouses must simply assert that he or she believes the current marriage to be irretrievably broken. Neither party will have to prove impotence, adultery, cruelty, or any other grounds for a divorce with this process. There is only one exception to this rule, however. Couples that choose to enter into a covenant marriage or convert their marriage to a covenant marriage are not eligible for a no-fault divorce.

Legal Separation

Not dissimilar to a divorce in that the court determines legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

Dissolution Vs Divorce Differences

This is simply a broad comparison of dissolution and divorce processes in the state of Arizona. It’s always best to consult an experienced attorney prior to choosing either option when attempting to end a marriage. Contact the experienced team at High Desert Family Law Group for more information today!

Source: “How To Write A Postnuptial Agreement With Or Without A Lawyer” Hello Divorce https://hellodivorce.com/divorce-planning/how-to-write-a-postnuptial-agreement-with-or-without-a-lawyer

Below is a complete guide to filing for divorce in the state of Arizona.

Types Of Divorce In Arizona

There are a few options for Arizona couples considering a split. Let’s look at the common divorce types below.

Contested Divorce

You may try to obtain a settlement in a contested divorce, but if you do not succeed, these determinations will be made by a judge including, legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

Uncontested Divorce

If terms were initially agreed and everyone is satisfied, paperwork may be filed explaining the arrangements without the need for a judge to make determinations.

Collaborative Divorce And Divorce Mediation

Collaborative divorce can lead toa divorce relatively free of stress even when there is not total agreement between the partners. A lawyer advocates for each party to come to conclusions. In mediation, a third party (strictly neutral) works with both parties to make agreements without the need for a judge.

Default Divorce

When you file for divorce and the other party does not respond within a period of twenty days following being served with papers, you may be allowed to proceed by the court on a default basis.

No-Fault Divorce

In a no-fault divorce, neither party will have to prove the other party is at fault in order to justify the divorce. Instead, one of the spouses must simply assert that he or she believes the current marriage to be irretrievably broken. Neither party will have to prove impotence, adultery, cruelty, or any other grounds for a divorce with this process. There is only one exception to this rule, however. Couples that choose to enter into a covenant marriage or convert their marriage to a covenant marriage are not eligible for a no-fault divorce.

Legal Separation

Not dissimilar to a divorce in that the court determines legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

Filing For Divorce In Arizona

The Arizona divorce process starts when one spouse files a petition for dissolution of marriage. At this time, all related documents will be filed to the court and these documents are ultimately served to the other spouse. The spouse who is served now has 20 days to file a response with the court. If this spouse fails to respond to the petition within the appropriate time frame, the other spouse may apply for a default divorce.

Prior to the divorce being finalized, mediation may be required in order to help the spouses come to an agreement regarding the divorce terms. This can include child support, child custody, alimony, and property division.

Mediation provides a fair opportunity for both spouses to work together utilizing the help of a neutral, third-party mediator. The mediator is there to facilitate the necessary conversations, helping them to reach an agreement that works for everyone involved.

If the spouses can still not agree on the divorce terms, a trial will result. During this trial, each side will be given an opportunity to present evidence to support their case(s). The judge will make their decision, issue the order and finalize the divorce agreement.

How Much Does A Divorce Cost In Arizona?

$20,000 is the average cost of a divorce in Arizona with a lawyer with costs ranging from as little as $10,000 to $100,000 per party but if you can get divorced without the use of a lawyer the total drops to just $577.

Lawyers in AZ can cost as much as $550 per hour. The cost to file a Petition for Dissolution of Marriage Maricopa County is $349.  The responding party will be required to pay $279 when filing their Response, or if both parties have agreed to a Consent Decree, the $279 is still due and owing from the other party when they respond.

Divorces can vary widely on costs depending on the kind of divorce you want to pursue. While there are no specific rates, averages from the past can give an indication. Undoubtedly, a contested divorce with protracted proceedings will be more costly than an uncontested divorce. While no set rates apply here, it is possible to estimate cost based on historical averages of similar divorce cases.

Normally people do not spend in excess of $10,00 per person. There are always additional costs people do not often think about. Those that go to trial will have additional financial burdens for child custody evaluations, depositions, maybe a business appraiser as well as forensic accountants. The parents may have to attend a Parental Information program and if a private divorce mediator is utilized there will also be additional costs.

• Lowest Cost: $10,000.
• Average Cost: $20,000.
• Highest Cost: $100,000.

Source: “Questions – Divorce & Annulment” AZ Law Help https://www.azlawhelp.org/viewquestions.cfm?mc=1&sc=3&qid=8476

Arizona, which is a no-fault state for divorce, generally does not consider infidelity when diving property and debt during a divorce process. Additionally, adultery is not usually considered when arranging child custody plans and establishing child support payments.

Is Infidelity Grounds For A Divorce?

The initial step should be to speak with an attorney experienced in these matters. You do not have to decide on a plan right away, but it will help to know of the available options. In a similar vein, obtaining legal counsel does not mean a divorce is inevitable.

An attorney can discuss aspects of a divorce such as property division and child custody and cover the difference between a contested divorce and an uncontested divorce. The former is where both parties come to an agreement as to a way forward, the latter is where they do not and it will most likely go to litigation.

As mentioned, no-fault divorce states like Arizona will not consider fault on either spouse when dividing debts and assets.

Does Infidelity Impact A Divorce?

Since no-fault divorces became legal, there is no need to prove infidelity. The judge may consider the negative financial impact these acts may have had and also review the impact of infidelity on any children involved.

However even if your wife has cheated it does not mean she cannot obtain a property settlement in Arizona. The state is a community property state and assets must be split in an even manner. Likewise, with the division of debts, some will be considered community debts and other debts will be considered as separate.

Custody Of Children

A judge will always act in the best interests of the children throughout the divorce process. Even when your wife has cheated, the courts will not always consider her to be a bad mother.

The only way this would be a factor is if her infidelity threatened the safety and wellbeing of the children.

Alimony Payments

Typically, an affair does not impact the amount of alimony payments that will be awarded during a divorce. Alimony is ultimately determined by the following factors:

• Marital standard of living.
• Marriage length.
• Employment and income.
• Physical and emotional health of the spouse receiving payments.

There are, however, some cases where extreme spending habits related to an affair may be considered.

Is Adultery Considered A Crime In Arizona?

Currently, Arizona law classifies adultery as a class 3 misdemeanor, but it’s only prosecuted if a complaint is filed by the adulterer’s spouse.

A spouse who has been cheated on can file a complaint with police, who will then investigate the matter. Before taking this step, though, it’s best to contact an experienced attorney to learn your options.

Source: “Can A Cheating Spouse Be Penalized In Divorce?” Hello Divorce, 01 May. 2023, https://hellodivorce.com/divorce-advice/cheating-adultery-penalized-in-divorce