Divorce & Separation

Are you getting married or considering getting a divorce?
Worried about your children?
Hiring a family law attorney helps you protect your children, assets, and property.

Basic Considerations in Divorce

Divorce, also known as a dissolution of marriage, is the restoring of husband and wife to single person. Divorces involves the division of property, assets, and liabilities, as well as a possible award of spousal maintenance.

Residency: To file for a divorce in Arizona, you must meet the necessary residency requirements. This includes that you or your spouse have maintained residence in Arizona for ninety days prior to filing for petition for dissolution of marriage.

Annulment: An annulment is rare; however, some situations warrant the need to void the marriage. This legal issue is complex. Most people will not qualify. It is best to contact an attorney if you feel your marriage is void for fraud, duress, or any other reason.

Property division: As a community property state, the State of Arizona requires that all property acquired during a marriage be divided equitably, which often means equally (50/50).

Divorce with Children

Child custody, now known as legal decision-making and parenting time, is the most pressing concern on a parent’s mind during divorce and paternity proceedings. The different facets of custody can be granted to either parent or to both.

Legal decision-making involves decisions about the child’s welfare (including educational, religious and medical decisions) whereas parenting time involves the child’s living arrangements.

If you decide to have joint decision-making, you must sign a parenting plan, in accordance with Arizona law. A parenting plan must include:

Provisions for how the parent will be involved in the caring for the child
How the major decisions will be made together.
Information regarding a residential plan.
Method of resolving disputes.
Provision for periodic review of the parenting plan.
Statement that says both parties understand that “joint” does not necessarily mean equal parenting time.

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