How the Divorce Process Works in Arizona

In Arizona, a divorce is called a “dissolution of marriage.” Regardless of the term used to denote the fact that a marriage has ended, the legal processes involved in attaining that goal are similar to those of other states. The major differences usually arise only when it is a “covenant” marriage that is to be dissolved.

Arizona recognizes two types of marriage, the “covenant” marriage and the much more common “non-covenant” or “civil” marriage. Since the dissolution of covenant marriages account for only a small percentage of cases in the Arizona courts, our main focus will be on the legal processes involved when a civil marriage is ending.

Residency
Under Arizona law, the spouse who files the Petition for Dissolution (the “petitioner”) must have resided in Arizona for a minimum of 90 continuous days prior to the date the petition is filed with the Superior Court of the county where the petitioner resides.

Grounds for requesting a dissolution
Arizona is a “no fault” state, meaning that a spouse can petition for dissolution without citing a specific act or acts as a basis for their petition. If a covenant marriage is to be dissolved, there must be a specific reason given and that reason must be one of several (such as adultery, abandonment, or addiction) that are recognized by law.

Filing and serving notice to a spouse
In Arizona, the Superior Courts are given some leeway is setting the time limits that it applies to dissolution cases.

Once a petition has been filed, the other spouse (the “respondent”) must be served (given a copy) of the Petition and any supporting documents within 120 days of the filing date.

Responses and hearings
Once served, the respondent has the right to file a response with the court. Depending on circumstances such as spousal and/or child support, a response must usually be filed within 20 or 30 days of service. In cases where the respondent cannot be located, or was served and did not respond within the time limits, the petitioner may ask the court for a default hearing and a dissolution on the terms set forth in the original petition. Should the respondent contest the original petition, he or she will be scheduled for a hearing in court.

Community property, custody, and support
Arizona is a community property state, meaning that all property (and debts) accumulated during a marriage is divided as close to “50 – 50” as possible. There are several exceptions to the community property rule, and these exceptions should be discussed with a family law attorney.

Custody of children is decided by the court. Child and/or spousal support, is based on maintaining the quality of life that the spouse and children enjoyed during marriage and the contribution that each former spouse can be fairly expected to make to the child’s or children’s well-being. The amount of support is determined by the court and can be enforced by the state’s child and spousal support laws.

Your need for legal representation
From this review, you can understand how complicated the Arizona dissolution laws can become. For this reason alone, anyone involved in a Dissolution proceeding should have legal counsel. In the Phoenix area, the attorneys at Ronald Saper Law can provide both petitioners and respondents with legal counsel that protects their legal rights during and after a dissolution case.

If you are considering a marriage dissolution, or are currently involved in such a case, you should contact the law offices of Ronald Saper Law to discuss your present situation and the options that may be available to you during this emotional time of your life.

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Don’t Make the Mistake of Hiring a Divorce Lawyer That is Unfamiliar With Local Regulations

With lawyers being able to advertise themselves online now, there is a new pool of divorce lawyers. While there is nothing wrong with using the internet to find a divorce lawyer, you must also be very careful, keeping in mind that the online community consists of lawyers from all over the world. If you are not careful you can make the mistake of choosing a divorce lawyer that knows nothing about the requirements and regulations in the state where you are filing. Making such a mistake can cost you thousands of dollars and may even result in the divorce not being approved by your state.

You need to remember the judge has the final word when it comes to granting a divorce in a particular state, county and even municipality. This happens only after careful review and the determination that the paperwork is in order and the lawyer followed all of the proper procedures. One error that is possible when you choose a lawyer that does not have expertise in the local requirements might occur if you live in a state or region that still abides by old regulations rather than the more common “no fault divorce” laws.

If the lawyer you choose is not aware of the divorce laws where you live, you could spend a lot of money attempting to end a marriage without a solid basis. While not common, there are still a few states, regions and countries that still limit divorce to extenuating circumstances including but not limited to the following:

• Adultery

• Desertion

• Physical or emotional abuse

• Refusal to financially provide for the family

• Mental illness

• Incarceration

• Fraud

In most places the law is “no fault divorce, ” a spin off the age old California “incompatibility” divorce. Since the latter half of the 20th century, most states have followed this formula, but there is not a guarantee it is true throughout the world. You must remember that online divorce lawyers may not be licensed where you live, and as such, they may not be legally able to represent you in court.

While there is no reason not to choose online divorce lawyers, you may want to limit yourself to just legal advice. If you are actually looking for a divorce lawyer to represent you in your divorce and you have ancillaries (child support, custody, visitation, etc. )#), you may want to limit yourself to local divorce lawyers that have an online presence. In that case you know you have someone who knows the local requirements and regulations and will also be able to represent you in court. While it may cost you more money to use local divorce lawyers than online ones you can be guaranteed that the lawyer you choose is well-versed in the laws that govern the state where you live and the governing entity under which you will be filing your divorce petition. Saving money is of little importance if you choose a divorce lawyer that is not licensed to practice law in the state where you live.

The best Ways to avoid Conflict of Interest With Divorce Lawyers

Conflict of interest is a huge problem when you attempt to research divorce lawyers. While you may want to save money, there are factors you must consider that could actually translate into a conflict of interest on the part of the lawyer. A reputable divorce lawyer will recognize these red flags and recommend someone else to handle your case, but in case that doesn’t happen you need to be aware of some instances that actually constitute conflict of interest. In these cases you need to find someone else to represent you:

• The lawyer has represented you and your soon-to-be ex-spouse at any point during your marriage.

• The lawyer is a family friend of you and/or your spouse.

• The lawyer is a member of the ex-spouse’s family.

• The lawyer works for someone in your spouse’s family or represents your spouse’s employer.

• The lawyer is representing your spouse either in the divorce or another matter that might be related to the divorce.

One place some couples try to save money when hiring divorce lawyers is attempting to use the same one. Even if the divorce is amicable, and you have your agreement worked out, the lawyer should not ethically represent both of you, and any reputable divorce lawyer will refuse to do so. This is also true of a lawyer who has represented you in any capacity throughout your marriage other than perhaps the closing on your home. Conflicts of interest are one of the easiest ways to overturn a decision of the court, and you may end up with a settlement that is not in line with what you were seeking in the end.

Another possible conflict of interest is the divorce lawyer who is also a friend of you and your spouse. In this case you are asking the lawyer to choose sides, and while there are some people who are able to separate personal from business, divorce lawyers do not like to do this nor should they be asked to do so. If you have a friend who is a divorce lawyer you should ask him or her to refer you to someone who is able to handle your divorce. In fact, you should actually avoid family members as well since it is likely this may create an uncomfortable situation after the divorce-an unhealthy situation if there are children involved.

The easiest way to avoid conflicts of interest when choosing divorce lawyers is to choose someone to whom neither you nor your ex-spouse has any connections. In other words, do not choose family friends or relatives on either side of the family, any lawyer you have used in the past as a couple and no lawyer that is connected to the ex-spouse’s employer. The more precautions you take to avoid conflict of interest the more likely it is that both of your divorce lawyers can work together to come up with an agreement that is satisfactory for both parties in the divorce.

Choosing the best Low Cost Divorce Lawyer

When you are looking for a low cost divorce lawyer, one of things you do not want to do is make a decision based solely on the fee structure of any individual lawyer. While it is certainly important to save money, especially if you have a strict budget, you do not want to take a chance by choosing a lawyer that may not have enough expertise in family law to provide you with good representation. The only way to make sure you choose an experienced divorce lawyer that has the lowest fee structure is to conduct some research before you make a decision.

While you can certainly look for a low cost lawyer first, you also want to choose one that has the skills to represent you. In order to locate those lawyers most likely to have a lower fee structure, you want to look at the following:

• Location of the office

If the office is located in a high-rent district you can be certain any lawyers located within that area will have a higher fee structure than those in lower rent districts.

• Look at the office staff.

The more staff members a lawyer has, the higher his/her fee will be. For instance, a lawyer with a receptionist, secretary and paralegal will have a higher fee structure than one who has only a receptionist/secretary and paralegal.

• Look at the number of lawyers and the way they operate.

Many of the high-end law firms offer many options for the lawyers that work there such as Associate, Junior Partner and Senior Partner. Law firms that offer these types of titles for their lawyers usually have a higher fee structure that small offices that only have one or two lawyers on staff.

After you have a list of low cost divorce lawyers you can begin researching their credentials and experience. You don’t want to choose any divorce lawyer based solely on how much they charge or even how quickly they can have your divorce petition ready for the court. It is essential to take the time to carefully choose a divorce lawyer so that you can feel confident your case will move along smoothly. Even if you and your spouse have an amicable parting of the ways, once it goes to court and there are discussions about dividing the property you own, he or she will in all likelihood begin singing a different song completely. The divorce can go quite smoothly until it comes time to come to an agreement on the ancillaries, and this is where the divorce begins to really cost money because it can take hours if your spouse is disagreeable.

When you research a divorce lawyer you want to verify credentials as well as obtain information about the number of divorce cases he has handled and how much work he or she had to do in order to settle the case. If at all possible talk to other divorced couples that have used the same divorce lawyer in order to assess the lawyer’s record of satisfied clients.

Good Divorce Lawyer – How to find Them

Divorce is a big issue that is not an easy or impulsive decision. It involves emotional and financial draining and in some cases, becomes inevitable. It is the means of ending a relationship and leads to a series of stressful things. This difficult issue causes a lot of pain as people when opting for marriage; do not imagine this kind of situation.

The need for a lawyer

A good lawyer is essential in divorce cases so that the procedure runs smoothly and fast. The divorce lawyer provides information that is needed by the couples during the procedure and you must opt for a good one to prevent the case from becoming more complicated.

The responsibility of a good lawyer is to fight for and legally claim those things that are lawfully yours. A divorce lawyer will advise and perhaps make you aware of the rights that you did not know existed. A lawyer is an important aspect because in most of the cases, out-of-settlement does not work for the couple and the court has to intervene to look into both sides of the matter.

A good divorce lawyer is able to take the client out of the complicated decisions involved in a divorce. The lawyer should also be able to win your case without you having to compromise anything. An efficient lawyer would be able to achieve the right thing for you. Family or friends, especially those who have gone through the ordeal of divorce are able to suggest the name of a reputed lawyer.

A capable divorce lawyer would be aware of your wants and needs from the end of the relationship or partnership. Couples should also be aware of what kind of divorce lawyer they want to seek, one who will ensure that the material possessions are retained or who would want to fairly divide the property so that couples can part ways.

How to find good lawyers

The best way to find a good lawyer is to look for the records of the attorney, that is, his victories in the courtroom and out-of-court settlements. Another way to find a reputable lawyer is to seek the advice of the local Bar Association. The lawyer specializing in divorce cases should be able to represent your wishes properly and ensure that their client receives the fairest settlement. The most complicated of all is the issue of child custody. A good lawyer is responsible enough to decide child custody issues in an unbiased and fair way. He also tries to help the child deal with the divorce issue of the parents.

It is true that good lawyers are expensive but it does not mean that all expensive lawyers need to be good for your case. As most of the lawyers belong to the category of savvy talkers, you should not make an impulsive decision. It is very important for the lawyer to feel how his client is feeling about the divorce so that he understands his or her perspective completely.

Individuals should make a written agreement with the lawyers in case of Circumvention. The lawyer must be well-qualified, certified and experienced in divorce law. He also must be considerate, understanding and patient by nature. Another feature that must be taken into consideration is compatibility of the individual with the lawyer.

Signs You’ve got the Best Divorce Lawyer

Your best weapon to a rather messy, contested divorce is a brilliant divorce lawyer. There maybe hundreds to thousands of them in the country but brilliant ones are few and far in between. So choose your divorce lawyer. He / she might be the only chance you have of wining your divorce case.

Needless to say, hiring a brilliant one is quite expensive. Talent and education after all does not come cheap. However, a brilliant divorce lawyer will give you the custody of your children, more than enough financial settlement, alimony, a quick divorce, and your fair share of divorce property. Also, if your divorce comes to court – a brilliant lawyer can bring you victory. Indeed, a brilliant lawyer is a must.

So what are the marks of a brilliant divorce lawyer?

Stellar resume

Educational background of your lawyer matters. His track record on winning cases and his overall experience as a lawyer are very important. He should have years of experience as a divorce lawyer and family law expert.

Personal traits – aggressive (to a degree) and creative

You would want to hire a go getter. Someone who is not afraid of taking bold actions but these bold actions must be preceded by much thinking and planning. So what you want is a lawyer that as a healthy mix of aggressiveness, fearlessness, and logic.

You also want a creative lawyer. Being creative means thinking outside the box and going beyond the norms to produce amazing, unexpected results. A creative lawyer is full of ideas (conventional or not). You will never reach a dead end with a creative lawyer. At least you’ll know that your lawyer will be able to defend your case whatever the circumstance.

If facing a divorce, we all want a successful resolution to it. The first step to achieve just that is hiring a brilliant lawyer. It would one decision you will never regret. If you are concerned with the payment, before hiring the lawyer, ask about his hourly rate. Also, be honest with your financial situation and evaluate whether you can afford the lawyer or not.

If you have your brilliant lawyer at hand, you know that the expensive payment is money well spent. It will pave the way for a successful divorce for you – by successful, think alimony, custody, child support, and ownership of your family home.

Despite divorce being a highly sensitive and sometimes controversial issue, G. Gibbons finds that solid and correct information can be the most important thing to receive when suffering through a divorce.

7 Reasons Why you should Hire a Divorce Lawyer

If you are going through a divorce, there is virtually no chance that you can receive a fair outcome in a divorce court if you do not have professional legal representation.

When should you hire a divorce lawyer? Many people might think the best time would be when a couple is separated. Others might choose a lawyer after their spouse tells them they want a divorce.

Also, many people are afraid to hire a professional legal assistance, because of the fees that these attorneys charge. They feel that lawyers are only there to get rich off of others misfortunes.

The fact is The United states continues to rank number one in divorce rates out of all countries in the world. With the divorce rate always hovering around 50%, it’s always wise to keep an attorney in mind, and you should get a divorce lawyer the minute you sense trouble in your marriage.

7 Reasons You should Hire a Divorce Lawyer

You might have read a book on brain surgery. It could have been very detailed, including many photos and illustrations. However, if one of your children, or someone else in your family needed brain surgery, you wouldn’t attempt to do the surgery yourself. Would you?

As silly as that analogy might sound, the same thing should be true with handling a divorce case. There are things that happen in a divorce trial that could change your life, both mentally and financially. You want a divorce lawyer who is experienced to take your case. You do not want to be your own legal representative, unless you studied and practiced divorce law.

Here are 7 reasons why you should hire a divorce lawyer:

The most important thing for you to know is that a divorce lawyer can help you either save money, or help you get your fair share from your spouse. Without a good divorce lawyer, that would be next to impossible.
Attorneys have years of experience with divorce cases. Divorce attorneys handle these cases on a daily basis, and know the most effective ways to deal with your specific case in a divorce court. On the other hand, you will probably only get divorced once or twice in your lifetime. Even if you were divorced before, if you end up in divorce court again, it’s probably under completely different circumstances.
Many people who are filing for divorce assume that most assets are divided equally. However, this is not always the case, and a good divorce lawyer will use other factors to decide if you should be getting more.
It’s possible to save money by preparing some state forms yourself. Your attorney will let you know what you can do to keep your legal costs down.
If stock options, or pension and retirement plans are involved, these assets are not paid out today, but in the future. These need to be recorded, and presented in your divorce case.
When children are involved, your case could get ugly. Raw emotions run wild with both parents, because even though they are trying to end their marriage, they usually still love their children equally. In the majority of child custody cases, the courts side with the mother. However, there are times when the father can also be entitled to custody.
Alimony is often provided in divorce cases. However, if you are a recipient, a divorce lawyer will help you receive a fair settlement.
Conclusion

As you can see, using the services of a licensed divorce lawyer is not just about winning, or losing a case. It’s about receiving the amount you are entitled to by law.

Remember, you are the one hiring an attorney, but you should still be in charge. Let your divorce lawyer know that in advance. Tell your lawyer that you always want to be kept informed about anything new concerning your case.

Divorce Lawyers Aren’t A Dime a dozen

Respectable divorce lawyers will know every infinitesimal detail about the divorce laws in your state. It is extremely important to find an attorney who possesses this knowledge because it will ultimately determine the outcome of your case.

Divorces involve a slew of issues, ranging from who will get the house to who gains custody of any children from the marriage. In a world where finding a suitable lawyer can consist of looking in the yellow pages or reading a billboard, it is no wonder why case after case is drawn out over months at a time.

The first thing to consider with divorce lawyers is where to find a good one for you. There are several reputable places to find divorce lawyers, and many come from professional or personal recommendations. If you and your spouse sought counseling before deciding to proceed with a divorce, the marriage counselor can give you solid recommendations on who to use.

Suggestions for attorneys can also come from a lawyer you already employ for other services, such as taxes or wills. They will have the inside knowledge to inform you which divorce lawyers have a good reputation in court.

Another source of divorce lawyers could be from friends who recently went through a divorce. They will be able to honestly tell you how their experience was and if you should even consult a specific attorney.

It is required to go through an interview process before finding a job, so why not do the same when looking for divorce lawyers? Interviewing several attorneys before making a choice is important because it will allow you to get an overall analysis of who is out there to help your case. Interviews can help you learn the persona an attorney employs when in front of a judge, and it can help you feel at ease when you meet with them alone.

A number of divorces turn out unfavorably because the client did not do the necessary research to see how their attorney fit their needs. Divorce lawyers will also keep you abreast of the new litigation that governs your state, making it easier to appear competent in front of a judge. Finally, interviewing an attorney will allow you to gain the necessary trust you need for your divorce, especially if you are seeking custody and visitation rights for any children involved.

There are other things to consider when choosing divorce lawyers, and that is the issue of fees. Fees are going to vary from one attorney to the next, and you need to be sure it will accommodate your wallet. Choosing a divorce lawyer means deciding if you want someone who works for a large firm or who runs their own office.

You also need to see how they bill you for their service. Some lawyers like to have their fees paid in advance and then will deduct cost when the services are not used. Other attorneys may employ a pay-as-you-go policy.

Lawyers who use the services of paralegals and office aids may cost more than other lawyers who do all the work by themselves. Finding out how long an attorney has practiced can determine how much he or she will charge. Once you have decided upon a fee, be sure that all the requisite papers are signed and witnessed so you won’t be held accountable for extra charges.

When the unfortunate situation arises and you have to search for divorce lawyers, be sure to proceed with caution before making a final choice. Divorce lawyers can specialize in a variety of areas, so you need to know what your own situation requires before signing a contract.

It is also important to trust the lawyer you will use because he or she will have to delve into personal information. If you don’t trust the lawyer, you will not feel comfortable with the outcome of your divorce settlement. Choosing the right attorney can determine if you gain a fair property division settlement or obtain joint legal custody for a child.

Best Divorce Lawyers In United states

Divorce is an extremely traumatic process involving a lot of mental strain and extended financial burden. It is a major decision that individuals should take in their life after weighing all the pros and cons. It also involves other critical issues pertaining to the splitting of the marital relationship such as child custody, child visitation rights, child support payments and the distribution of property between the couple.

Law is an academic and theoretical discipline and the success of a lawyer depends on the practical application of legal theory and knowledge to solve real problems. Good lawyers are those who can do this effectively and protect the interests of their client. The best divorce lawyers are invariably those who have earned a reputation by consistently securing their client’s legal rights in various divorce cases.

In the united states, there are many reputed divorce lawyers in various towns and cities who are specialists in handling divorce cases in the jurisdiction of their respective states. The best way to decide which divorce lawyer to use is by finding out from former clients. Some divorce lawyers have more success at satisfying their clients than others. The best lawyers strive to help their clients through difficult emotional and legal challenges that often accompany family law issues.

For best long-term results, the best attorneys advise patience, negotiation, and working within the system. A few well-known law firms that have earned a reputation in handling divorce cases are mentioned below. Rager and Noiroux, LLP, located in Irvine, California, are a firm of lawyers who are known to provide assertive, experienced legal representation to clients throughout Orange County and all of Southern California in a range of practice areas. They have special expertise in family law. The law Offices of Patricia A. Hendrickson, located in Huntington Beach, California, focuses exclusively on Family Law in Orange County. The law firm of Magnuson Lowell, P. S. has been serving its clients throughout Washington, including Seattle, Puget Sound, Bellevue, and Redmond. The above names are a few, of the many renowned legal practitioners in the united states.

Choosing Divorce Lawyers Based on Reputation

Divorce is a difficult enough process without having to worry about the reputation of the divorce lawyers, too. There is a definite need for anyone planning a divorce to check the reputation of lawyers rather than just looking in the telephone book and choosing one for the wrong reasons. What are the wrong reasons for choosing a divorce lawyer? Some of the most common reasons people choose a lawyer without researching include any number of the following:

• Locality

• Gender (yes, some people actually choose a lawyer because of the gender, especially when there are children involved)

• Fee structure

• Availability

• Other information included in advertisements

Instead of attempting to choose them based on general information you should seek them out based on their reputation. It is easy enough to research their reputation, but you should try to talk to people who have used any of the divorce lawyers you are considering. The information you obtain from present or former clients will certainly be more accurate that what you might obtain by conducting an online search or contacting the Bar Association of the state in which they practice.

When you are researching about them, there are several things you want to learn. Some of the important things you need to know about them you are considering include the following:

• Fee structure compared to other lawyers in the general area

• Satisfaction of other clients the lawyer has represented

• How ethical the lawyer is-while you want someone who can obtain the highest (or lowest depending on which side of the fence you’re on) settlement, you don’t want someone who does it illegally or unethically
• Has the lawyer ever come before the Bar Association for charges of fraud or unethical behavior? How was the case resolved?

• Has the one you’re considering represented anyone in your soon-to-be ex-spouse’s family or one of his/her friends? This may open the possibility of conflict of interest or favoritism; choose a lawyer that can represent you without bias.

The reputation of any divorce lawyer you choose should be uppermost in your mind. You don’t want to have to worry later whether the settlement you receive will be overturned because your divorce lawyer failed to conduct a proper valuation of marital property or business assets. When you leave the courtroom after your divorce has been granted, you want to feel confident that nothing can go wrong.

There is always the potential your ex-spouse will be unhappy and attempt to contest the terms of the divorce, but you don’t want him or her to win the argument because your divorce lawyer failed to properly do the job you hired him or her to do. Even if it takes extra time to research about them, you owe it to yourself to choose someone who will fight for your best interests when you go to court and on whom you can depend for proper legal advice if it should be necessary at some time in the future.