Divorce

Divorce is often a tedious and draining procedure, as it involves many emotional and mental engagements. Typically, couples who decide to split and file for divorce will deal with numerous challenges and take legal actions before finalizing. Moreover, the entire process may be expensive and time-consuming, meaning you may spend significant resources before reaching a final decision. On the other hand, the court grants parties some autonomy to give them enough room for negotiations and out-of-court settlements. In case of this possibility, you want to ensure that the other party considers your needs and concerns for a satisfactory outcome.

Working with a family lawyer is advisable when filing for divorce. With his/her help, you will have an easier time meeting the legal requirements and tabling your requests adequately. Moreover, your attorney will provide support when your case causes increased hostility with the other party, as he/she can communicate with them on your behalf. At the Phoenix Family Law Attorney, you will receive reliable family law services to help you through your divorce process. Our legal team is skilled and is ready to help if you are filing for a divorce in Phoenix, Arizona.

Understanding the Concept of Divorce

Divorce is a legal process and determination that officially separates formally married parties. After obtaining the divorce decree from the court, you are free to remarry because your former marriage is dissolved legally. Therefore, couples seeking divorce will obtain it as the final step in separation and begin new lives as independent persons.

Divorce differs from separation in various ways. For example, a separated party is still legally married to his/her spouse, despite the decision to live apart. Subsequently, the parties cannot remarry until the court issues the final divorce orders.

Despite the differences, these two processes aim at separating couples and issuing marital property division in preparation for the new lives they intend to live separately. Thus, separations are often a process towards divorce in a later stage.

 Reasons for Divorce

Married couples have multiple grounds for divorce, depending on the nature of the other party’s actions. However, Arizona is a no-fault state, meaning that the party filing a divorce petition does not need to prove the spouse's actions leading to divorce.

Nonetheless, learning of the prevalent reasons for divorce may help you determine whether seeking marriage dissolution is the best option. Additionally, you will have more confidence in your decision to terminate the marriage based on the justifications. The common reasons for divorce are:

Infidelity

When one spouse cheats on the other, emotional distress and cruelty may ensure in the marital home. These events will arise from the feelings of betrayal experienced, on top of additional unresolved issues.

Owing to the negative relations in the home, the family unit will suffer significantly, primarily if the children witness the parents arguing over the infidelity. Therefore, most spouses choose to dissolve the marriage and begin a separate life through the divorce process.

Deterioration in Communication

Secondly, when couples struggle in maintaining consistent communication, divorce may be an option to end the continuing arguments and dissatisfaction. For some, the lack of communication may affect them emotionally, meaning that they tend to feel abandoned or as a less priority to their spouses.

However, adverse cases may include additional arguments brought by miscommunication or complete lack of it. For example, if one spouse constantly fails to complete his/her duties as expected due to inadequate communication, the parties may decide to seek a divorce.

Domestic Violence Cases

Moreover, domestic violence prompts numerous divorce applications for the victim's safety. Typically, domestic violence instances are recurrent at home, especially because the victim may be unsure of whether to seek help. Thus, when he/she finally obtains a protective order, filing for divorce becomes a viable option because contact between the offender and the victim is prohibited.

As a result, consulting an attorney is advisable to help you plan on the best approach when filing for divorce. If you are willing to meet with the offender and negotiate several terms before divorce, your lawyer can plan and inform the other party of your intentions.

Drug Abuse

Living with a spouse addicted to drugs and controlled substances may become difficult. Moreover, he/she becomes unreliable when planning on domestic expenditures and child care.

Consequently, you may suffer from the burden of attending to all duties at home as your partner continues to abuse the drugs. Divorce, therefore, becomes one of the multiple options to pursue, to emancipate yourself from the circumstances.

Irresponsible Financial Behavior

Similarly, maintaining a relationship and a home with a partner who mishandles the family finances may be quite tasking. He/she may also take advantage of your prudence and continue to live off your hard-earned money. Due to this, you want to think of divorce to end the unfair dynamics of your relationship. 

Factors to Consider Before Filing for Divorce

Since the entire divorce process can be quite tasking, it is important to assess your options and make several considerations thoroughly. We recommend taking your time to assess your situation and determine whether the legal dissolution of marriage is the best option for you and your spouse.

After deciding on proceeding with the divorce, you want to consider the following:

Consulting a Family Lawyer

Naturally, you will have numerous questions about the correct procedures to undertake after choosing to file for divorce. As a result, consulting a family lawyer is an excellent foundation to start the proceedings. During your initial meeting, you can elaborate on the various occurrences in your marriage pushing you to file for divorce.

Additionally, your family lawyer will brief you on the procedures you can expect to undertake, along with the legal requirements. For example, he/she will discuss the importance of providing accurate evidence to prove various factors before the judge issues a final decision. 

On top of this, working with a lawyer gives you a chance to make adequate preparations concerning the claims you intend to raise against your spouse. For example, if you would like to retain the marital home or child custody, your lawyer can provide preliminary guidelines to follow.

Establish a Clear Strategy on Property Division

Although the division of property acquired during the marriage will only occur after the divorce proceedings ensue, you can always start preparing yourself for the impending negotiations and court proceedings. One of the best ways to secure your separate property is by identifying it and accessing sources of proof of ownership.

The documents may include tile certificates, logbooks for purchased vehicles, and any receipts you retained for other valuables bought during the marriage. Additionally, you can seek authorization to start moving your identified property to a different location after agreeing with the other spouse on the decision. This way, finalizing the logistics after the judge issues a divorce decree will be easier.

If you are dealing with a stubborn spouse who aims to acquire your property unfairly, you can also file for an injunction. The court order will stop the party from attempting to change ownership or possession of the property in question. Ultimately, he/she is unable to benefit unfairly from your possessions.

The move may also include freezing assets in joint bank accounts, including accumulated credit. However, since married couples may be used to sharing the joint accounts, determining the separate property from that acquired jointly is challenging. Nevertheless, taking your time to secure these interests and working with a professional will help you access a smoother process.

Determine Whether Moving out of the Matrimonial Home is an Option

After divorce, securing housing or accommodation is a priority issue to handle, especially if children are involved in the process. Ultimately, the children's best interests must prevail, so the spouse retaining child custody is likely to retain the marital home.

Thus, if you are hopeful about retaining custody of your children, your goal will be to retain possession of the marital home where they were born and raised. On the other hand, a spouse who is less likely to retain the home should begin searching for alternative options.

Making these considerations early enough will save you from the rush of searching for a new house after divorce orders are issued in court. Subsequently, the transition will be smoother for you and your partner.

If the marital home was purchased using both spouses’ contributions, your family lawyer could help you select options for an equitable split. This way, both parties' contributions are considered when the judge determines who will keep the home.

Trying Conflict Resolution Mechanisms

If you strongly believe that you and your spouse can reach an amicable agreement after further negotiations, you want to consider dispute resolution mechanisms. For example, you may engage a mediator who gives you an avenue to raise your grievances and seek resolutions for your problems.

Additionally, you will have a chance to hear what the other party's complaints and approach to the divorce is. Through these discussions, you can both decide to try salvaging the union or give in to the subsequent legal dissolution of marriage.

Overall, undergoing the dispute resolution mechanism will give you peace of mind before continuing with the process. As a result, you will be more confident in your decision and have an easier time pursuing your interests.

The Process of Filing for Divorce

The divorce process is technical and requires applicants to follow several processes for a successful outcome. If you intend to take the shortest time possible to conclude the proceedings, you need to organize your documents, file them on time and reach

The other party within the stipulated period. Doubtless, accessing additional support from your lawyer will be beneficial throughout the process. The steps to undertake include:

1. Filing your Application in Court

When you are ready to proceed with the divorce process, you must apply to the court to officially initiate the proceedings. Some of the required documents include written submission stating the official request for marriage dissolution and other necessary details like the wedding date, duration of the marriage, and the type of wedding ceremony you undertook.

Since your family law attorney will have gathered the background information from your initial meetings, he/she will have sufficient information to prepare presentable submissions. Afterward, the lawyer will present the documents in court for the judge to assess and approve.

Simultaneously, the judge orders you to serve these submissions to the party you intend to divorce. The service process is a formal way of notifying the party you intend to divorce of the pending proceedings to prepare for the subsequent events. Upon receiving your submissions, the other party should sign a copy of the documents as proof of knowledge of the ongoing process.

The court will then give the party twenty days to respond to your submissions through written documents. The responses may be in the party’s defense, or they may decide to file their counterclaims against your initial presentation.

Additionally, you should note that some parties choose not to respond to your submissions. The move may be out of acceptance of the divorce or out of spite. In either case, the judge may interpret the move as acquiescence for divorce and proceed to issue a decree after the set time lapses.

2. Hearing of Preliminary Matters

Before you can receive an official decree on marriage dissolution, you need to figure out how to handle various important elements in your lives. The various elements to discuss and determine depend on whether you have children together, joint property, and the requirement of spousal maintenance.

Usually, the court grants parties enough time to discuss and negotiate the various issues outside court for the best chance of reaching an amicable decision. For example, parties can agree on the spousal maintenance amount paid by one spouse to the other as alimony.

Additionally, the parties have the autonomy to decide on how to divide matrimonial property, including the marital home. This will be highly influenced by the parties’ joint contributions towards the property acquisition, among other factors.

Thirdly, settlements concerning child custody can also be resolved without the judge’s intervention if there is a mutual understanding between you and your spouse. For example, if the father is determined to be the best parent to uphold the children’s best interests, the court cannot interfere with the decision arbitrarily.

Once you and your spouse agree on the preliminaries and reach compromises where necessary, you will have to represent the settlement agreements to the judge in writing. He/she will go through the content and approve it, provided you have met all requirements.

Appending your signature to the written agreement is crucial, as it indicates your consent to be bound by the terms included. Without these signatures, the judge may decline to approve your agreement until he/she is satisfied that no party was coerced into the terms.

Conversely, parties may fail to agree on the various factors related to divorce. For example, one spouse may feel exploited by the other if he/she has to pay alimony. The case is prevalent where both spouses are working and have a sustainable source of income. Alternatively, one parent may strongly believe he/she is the best parent to hold child custody over the other.

In the interest of reaching fair decisions, the court will preside over matters where parties cannot find common ground. Subsequently, your attorney should apply for a temporary order hearing.

By receiving the orders, the judge will go through the contentious matters and agree on a suitable outcome. In adverse cases, however, the judge exercises complete discretion to decide on the parties’ behalf, primarily if one spouse is subdued by the other’s demands. Upon settling the preliminary issues, parties can then continue preparing for the divorce proceedings.

3. The Discovery and Disclosure Process

Before the main trial can occur, parties need to undergo the discovery and disclosure process to access the other spouse’s accurate details. The proceedings are beneficial because they will reveal previously inaccessible information, giving you a chance to raise valid claims and concerns against the other spouse.

Statutory law in Arizona mandates parties to participate in the disclosure, promoting a fair hearing process. Despite this, some presented documents are inaccurate due to errors or improperly recorded details.

Other times, the other party may deliberately try to change crucial details concerning the documents. Consequently, the proceedings may not be as successful as intended, creating an unfair advantage for one of the parties.

Some of the important information to provide during the discovery process includes oral responses to the other party’s claims. The court clerk assigned to the discovery proceedings will note all the mentioned details for the judge’s reference when making a final determination.

Secondly, you may also have to provide details about third parties during the discovery stage, including your children and other beneficiaries linked to marital property. This way, the judge can determine the final orders from an informed position.

On top of this, you may also decide to request the presentation of details or case facts from the other spouse. You may also seek clarifications for matters clearly stated in the initial stages of drafting and serving submissions and replies.

On the other hand, the disclosure process requires parties to submit documents revealing the following:

• Any business owned by any party
• Sources of income and the exact amount of income by both parties
• Assets and investments conducted during the marriage
• Details on all the property owned by the parties
• Pending credit and mortgage payments

Using the presented information, the judge can verify the validity of each person’s claim, especially concerning financial matters. Additionally, the documentation will serve as records for future reference in case of dissatisfaction after the court’s final orders are issued.

4. The Divorce Hearing

Once the court has all the required information and documents, the full trial can proceed. During this stage, parties are actively involved in the suit, as they will have to present their grievances against each other. Overall, this may be the most tasking stage throughout the procedure, as you may have to play multiple roles at once.

For example, you will be a key witness throughout the trial as the aggrieved party or the respondent to the divorce application. Subsequently, you need to prepare adequately before taking the stand, as the other party’s attorney may ask invasive questions.

You should also remember that the court trial will inevitably reveal a lot of personal details regarding your marriage. Therefore, it helps to prepare for the uncomfortable questions to seek a final court determination.

Towards the end of trial proceedings, your family law attorney will present his/her arguments on your behalf and offer a closing statement. The respondent’s lawyer will also follow the same steps and leave it to the judge to issue the final court decree.

Upon concluding the trial, the judge will issue several orders, including the official marriage dissolution and a decree to the parties. This marks the end of the divorce process.  

Contact a Family Law Attorney Near Me

The divorce process often demands many resources, time, and mental turmoil as parties try to argue and agree. However, you do not have to face significant challenges when legally dissolving your marriage, especially if both parties agree on important aspects. Finding solutions that work for both parties is ideal and encouraged. However, you may find it difficult to negotiate with your spouse alone, especially if he/she presents rigid views.

As a result, working with a family law attorney eases the burden of a divorce through legal assistance. Your appointed lawyer can handle a significant workload, primarily the technical documentation and applications made to the court. On top of this, he/she will help you discuss several issues with your spouse to settle, if possible. At Phoenix Family Law Attorney, we aim to provide excellent legal services for anyone seeking to file for divorce in Phoenix, Arizona. Our goal is to provide accurate and top-quality assistance before, during, and after the divorce proceedings for a satisfactory outcome. For more information, contact us today at 888-888-8888.