Nobody in Gilbert AZ gets married with the intent to divorce, but even with the best of intentions divorce can happen. When the unfortunate prospect of divorce arises, it is important to know your rights and understand the law and the marriage dissolution process in Gilbert Arizona. At Jensen Family Law in Gilbert’ AZ our divorce lawyers in Gilbert AZ, we help make this process as quick and painless as possible. Our goal is to not create a war between both parties, but we understand that at times an opposing party may be confrontational, hiding assets, abusive, and otherwise unwilling to accommodate an amicable divorce. We are not afraid of a fight and have been providing the best results for our clients for over two decades. We have an expert team of divorce lawyers in Gilbert Arizona. We also have a great team of female divorce attorneys in AZ.
There are three major issues that need to be resolved in a typical Arizona divorce matter;
Perhaps the easiest of these issues to resolve is the dissolution of the marriage itself. Unlike many states, Arizona does not require a specific reason for divorce. Arizona judges do not need to make a finding as to why one or both parties want to be divorced. It’s enough for one party to indicate their desire to be divorced and that the marriage is irretrievably broken. Under Arizona law, the reason for divorce is irrelevant.
Even though a specific reason for divorce is not mandatory, there are some specific requirements that must be met before a judge can grant a divorce. See A.R.S 25-312.
These requirements include the following:
If the court does not find that each of these requirements has been met, the court cannot take jurisdiction over the matter and the divorce cannot be granted.
Gilbert AZ Divorce proceedings are understandably emotional and painful for both parties and their children. If you find yourself facing a divorce, it’s important that you understand your legal rights and the divorce process. As divorce attorneys in Gilbert AZ, we have more than a decade of experience handling divorce matters in Arizona. We will protect your rights and give you the peace of mind you need. Call us today and schedule your Divorce consultation.
Arizona is a “no-fault” divorce state so all divorces that proceed from Gilbert are considered no-fault. This simply means that the person initiating the divorce does not have to give a reason or prove the other party is at fault. However, don’t assume that no-fault divorce is a simple divorce. There will still be assets and debts to divide, and if you have children you will need to negotiate child custody and child support. One way to simplify the process is to hire a divorce lawyer who works with a mediator. They can help negotiate a settlement that will save you both time, stress, and money.
The shortest amount of time a divorce in Arizona can take is 60 days, but some divorces can take years to settle. There are different factors that can affect how long your divorce will take. If you and your spouse have children together, own substantial assets together, or have a contested divorce, the process can take longer. Working with an experienced divorce attorney in Gilbert Arizona will ensure the divorce process is as quick and efficient as possible.
In Gilbert Arizona, every divorce begins with one spouse filing a petition for the dissolution of marriage in the family court. The petition must then be served on the opposing party, along with a summons and other accompanying documents. The petition may be served to the opposing party in one of the following ways:
The opposing party then has 20 days to file a response, if they reside in the State of Arizona. If they reside outside of Gilbert Arizona, they have 30 days to respond.
Once the petition for dissolution of marriage has been filed and the other party has responded, either party has the option of requesting a temporary order hearing. In this hearing, the court will issue temporary orders regarding child support, custody of minor children, spousal support, a division of debts, who will reside in the primary residence, etc. These orders are called temporary orders because they will only be in place until the divorce and permanent orders are finalized.
When a divorcing couple is unable or unwilling to agree on important decisions such as child custody, child support, or spousal support, this is considered a contested divorce. Contested divorces are those that most individuals wish to avoid. Why? Contested divorces tend to cause more conflict between the divorcing spouses, take more time to resolve, and are therefore more expensive. Contested divorces can take many shapes. Extreme examples can include dealing with a narcissistic spouse, high conflict divorce, complex divorce, and in some cases, order of protections.
Choosing the right divorce lawyer in Arizona, or if you feel more comfortable with a female divorce attorney in Gilbert AZ, will make a significant impact on the results of your case. No matter what stage of the divorce process you are in, we can assist you in navigating your divorce and protecting your rights. We have experience and skills that can be used on your behalf to protect you. Contact your divorce attorney today to speak with one of our experienced attorneys.
Not all divorces end in long court battles. In fact, most divorces in Gilbert Arizona are uncontested. An uncontested divorce is one that is resolved outside of the courtroom, such as through mediation or another out-of-court agreement. The result is no less binding than a contested divorce in court, but the process is more constructive overall. Your approach with your divorce lawyer in Scottsdale will have a big impact on this.
In an uncontested divorce, the spouses have a greater opportunity to negotiate decisions together, rather than abiding by a court-ordered judgment that may not be the most advantageous for everyone involved.
Discussing your case with an experienced divorce attorney in Gilbert Arizona is one of the most important decisions you can make when considering divorce. Even if you and your spouse agree on all or almost all of the terms of your divorce, it will be helpful to have the insight of a legal professional to ensure that your rights and interests are protected.
When both spouses agree on all the terms of their divorce, they can choose to file a Consent Decree of Dissolution of Marriage. The Consent Decree will set out everything the spouses have agreed upon, either together or through mediation. If the couple has children, each spouse must attend a parent education class before the decree can be entered. It will cover child custody, child support, visitation, spousal maintenance, a division of debts and assets, etc. All terms listed therein must be agreed upon and both spouses must sign and file the decree at the clerk’s office. The judge will then sign the Consent Decree and it will become an order of the court. This process usually takes between 60 and 90 days.
A difficult aspect of going through a divorce is deciding how to split up the assets, debts, and property you and your spouse have acquired during your marriage. This can be especially strenuous if one or both of you are the owner of a business and facing a divorce.
Since Arizona is a community property state, all assets, property, or debts that you and your spouse acquire during your marriage are considered community property. Each spouse has a one-half interest in any assets or property acquired during the marriage. This includes an interest in any real property, personal property (home furnishings, tools, etc.), money, bank accounts, stock, retirement accounts, pensions, etc. Likewise, each spouse has a one-half responsibility for any debt accumulated during the marriage.
Exceptions to this would be any property that one spouse owned prior to the marriage or any property given as a gift or inherited by one spouse during the marriage. In these situations, the other spouse is not entitled to a one-half interest in that property. A party claiming that some specific property is his or her separate property must provide proof that the property was something he or she owned prior to the marriage, was acquired by gift or was the property that was received through inheritance.
Several issues can arise when dividing property during a divorce. These issues can include the co-mingling of separate property with community property, hiding assets, or even disagreements over the value of the property. Property and debts should be divided in such a way that each party receives an equitable distribution of the property. These issues often require a trial judge to review evidence relating to property and to divide the property in the most equitable way possible. Sometimes this means that both parties will not receive exactly 50% of the community property.
The legal team at Jensen Family Law in AZ is experienced with the complex issues related to the division of assets and debts at the time of divorce. It is always preferable for the parties to try to come to an agreement as to how their property and debts should be divided. However, sometimes it is necessary to litigate, especially when one spouse may be hiding assets. At Jensen Family Law, we will protect your property division rights through knowledgeable and compassionate legal expertise.
Divorce and annulment are both means of ending a marriage. A divorce is a dissolution of marriage that recognizes the legality of the marriage, splits assets and debts accumulated during the marriage, and assigns custody, visitation, and child support of the couple’s children. An annulment is different in that once it is granted, the marriage never legally existed. In Arizona, a petition for divorce can be filed without fault from either spouse, since it is a no-fault state. An annulment, however, will only be granted if certain criteria are met that refute the legality of the marriage in the first place, such as intoxication at the time of the marriage, a prior marriage where divorce has not been finalized, fraud, or other grounds.
In order to file for dissolution of marriage (divorce) in Arizona, either spouse must reside in Arizona for at least 90 continuous days or be stationed there as a member of the armed services for 90 days.
It is an unfortunate reality that domestic violence and abuse abound in our society today. It can be difficult to recognize signs of abuse and even more difficult for victims to speak out about what is happening to them. At Jensen Family Law, we believe it is important for victims of abuse to understand their legal options for protection so that they can better protect themselves and their families. As such we can help our clients file for an Order of Protection in Gilbert AZ.
Although an order of protection does not directly affect your divorce, its purpose is to protect you and/or your children from harassment, coercion, or abuse. You may apply for an order of protection if you meet the following criteria: the defendant is your spouse or former spouse, the father or mother of your child(ren) or unborn child, or a person with whom you are currently or were previously romantically or sexually involved with AND the defendant has committed or is about to commit any dangerous crime such as:
To obtain an order of protection in your divorce case, you must file one with the Superior Court. This can be done with your initial pleadings when you file your divorce or at another time. If the Judge is satisfied that you have sufficient evidence to support the issuance of an order of protection, he/she will sign it. It will then be filed with the court and registered with law enforcement. You will receive a copy of the order; it is important that you always keep it with you for your protection. The protective order is not valid until it is served against the other person.
An important thing to consider and plan for is how divorce will affect your taxes. Here are a few things to keep in mind if you are contemplating divorce or are already in the divorce process.
The division of assets and property will affect your taxes. Oftentimes, the only way divorcing spouses can both receive an equitable amount of the marital assets is if they sell their primary residence and/or other properties. This will affect the taxes each spouse may have to pay, so consult your tax professional.
In previous years, spousal maintenance (sometimes called alimony or spousal support) was tax-deductible by the payer and taxable to the recipient. Beginning in 2019, this is no longer the case. The Tax Cuts and Jobs Act eliminates tax deductions on spousal maintenance payments. Recipients of spousal maintenance no longer claim the amount in their taxable income.
Another way divorce will have an impact on your taxes is in deductions. Exemptions for dependent children will most likely go to the spouse with primary custody of the children, but this is an area that can be negotiated in your parenting plan.
There are other ways that divorce can have an impact on your taxes, so consult your family law attorney and your tax professional for strategies and information for your individual circumstances.
At Jensen Family Law, we have experience with all family law cases including military divorce. If you or your spouse are active duty service members, the divorce process can be even more complicated. The Servicemembers Civil Relief Act protects the rights of active duty service members who are unable to participate completely in divorce proceedings because of their assignments. The act will also protect service members from receiving a default judgment and allows the service members up to 90 days after leaving active service to respond and defend themselves in divorce proceedings.
For an Arizona court to have jurisdiction over an active military member, the member or spouse must have lived in Arizona for 90 days prior to filing for divorce and the member must be personally served with a summons and a copy of the divorce action (unless the divorce is uncontested, and he/she waives this right by signing a waiver affidavit)
On average, a divorce in Arizona costs about $20,000 with the help of a divorce lawyer. A divorce lawyer in Arizona can cost an hourly rate of anywhere from $250 to $550 meaning that if you are filing for a contested divorce, the cost of a divorce is going to go up. If you are filing for an uncontested divorce, the cost may remain minimal.
In Maricopa County, the Petitioner’s filing fee is $349. This fee is required at the beginning of the process to complete any legal separation or divorce. A family law attorney in Arizona can help you file and begin the divorce process.
You or your spouse must have been a resident of Arizona for at least 90 days before the courts will allow you to file for divorce. An Arizona family law attorney can help you file and begin the divorce process.
We’re open: Monday – Friday 9 am – 5 pm
Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.
Jensen Family Law in Gilbert AZ is located at 4365 E. Pecos Rd Suite 138, Gilbert, AZ 85295. We are located on the south side of Pecos Road in the Power Ranch community just East of Higley High School.
We are open from 9 AM to 5 PM Monday – Friday for in-person appointments.