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Cervone Law P.C.

Dedicated To Finding Clear Solutions To Complex Divorce Matters

Making Sense Of Divorce: Your Questions Answered

Divorce is rarely a simple process. It involves complex legal issues, emotional turmoil and significant life changes. Understanding your rights and options is crucial whether you are contemplating divorce or have already begun the process.

At Cervone Law P.C., our lawyer has over 12 years of experience guiding individuals in Phoenix through divorce and other family law challenges. We provide compassionate and knowledgeable legal counsel, helping you navigate the legal system and make informed decisions about your future. We understand that this is a difficult time, and we are committed to providing support and advocacy every step of the way.

Grounds For Divorce In Arizona

Arizona is a “no-fault” divorce state, meaning you do not need to prove fault or wrongdoing to obtain a divorce. The most common ground for divorce is an irretrievable breakdown of the marriage, where the relationship is no longer viable, and there is no reasonable expectation of reconciliation.

Types Of Divorce

There are several types of divorce in Arizona:

  • Contested divorce: This occurs when spouses cannot agree on one or more issues, such as property division, spousal support or child custody. Contested divorces often require court intervention to resolve disputes.
  • Uncontested divorce: This occurs when spouses agree on all terms of the divorce, including property division, support and custody arrangements. Uncontested divorces are generally faster and less expensive than contested divorces.
  • Default divorce: This occurs when one spouse fails to respond to the divorce petition. In these cases, the court may grant the divorce based on the terms requested by the filing spouse.
  • Military divorce: Military divorces involve specific considerations, such as residency requirements, division of military benefits and child custody arrangements when one spouse is on active duty.

Our experienced attorney can help you understand the different types of divorce and determine which option is best suited for your circumstances.

Common Divorce Questions

We understand that you likely have many questions about the divorce process. Here are answers to some common inquiries:

Do I need a divorce lawyer in Arizona?

While Arizona law doesn’t require you to have a lawyer for a divorce, it’s highly recommended, especially if your divorce involves complex issues like:

  • Significant assets or debts: A lawyer can ensure your assets are properly valued and divided fairly, and that you are not unfairly burdened with marital debt.
  • Child custody disputes: A lawyer can advocate for your parental rights and help you create a parenting plan that is in your child’s best interests.
  • Spousal support disagreements: A lawyer can help you determine whether you are eligible for spousal support and negotiate a fair amount and duration.
  • High-conflict situations: If your divorce involves a high level of conflict or an uncooperative spouse, a lawyer can protect your rights and help you navigate the legal process effectively.

Even in seemingly simple divorces, a lawyer can provide valuable guidance, ensure your paperwork is filed correctly and help you avoid costly mistakes. They can also offer emotional support and objective advice during this challenging time.

How long does a divorce take in Arizona?

The timeline for a divorce in Arizona depends on several factors, including whether the divorce is contested or uncontested. Uncontested divorces, where spouses agree on all terms, can be finalized relatively quickly, often within 2-4 months. Contested divorces, where disagreements require court intervention, can take significantly longer, potentially a year or more.

  • Court backlog: The court’s caseload and scheduling can impact how long it takes to process your divorce.
  • Complexity of the issues: If your divorce involves complex financial matters or contentious custody disputes, it may take longer to resolve.

The minimum waiting period in Arizona is 60 days from the date your spouse is served with divorce papers. However, this is just the minimum, and most divorces take longer to finalize due to the factors mentioned above.

What will I lose in a divorce?

Arizona is a community property state. This means that, in general, any assets and debts acquired during the marriage are considered community property and are owned equally by both spouses. In a divorce, community property is typically divided equally between the spouses.

However, there are some exceptions:

  • Separate property: Assets acquired before the marriage or through inheritance or gifts during the marriage are generally considered separate property and are not subject to division.
  • Debts incurred before the marriage: Debts incurred by one spouse before the marriage usually remain that spouse’s responsibility.
  • Factors that may affect property division: In some cases, the court may consider each spouse’s contribution to the marriage, earning capacity, and health when dividing property to ensure a fair and equitable outcome.

Understanding how community property laws apply to your situation is essential. Consulting with an experienced attorney can help protect your financial interests and ensure a fair division of assets and debts in your divorce.

Navigating Your Divorce With Confidence

If you are considering divorce or need assistance with a divorce case in Phoenix, we are here to help. Our established family law attorney provides knowledgeable and compassionate representation to clients throughout Arizona. Contact us at 602-858-6329 or complete our online form to schedule an appointment and discuss your case with our skilled attorney.