Making family relationships work can be challenging. At IBF Law Group, we understand, and we are prepared to take your side to help you build a strong case in support of your future. Whether you are considering divorce or need to make a modification with your ex regarding custody, our Phoenix family law attorneys have the experience and insight to protect your interests over the years to come. Call today to schedule a consultation about how to proceed with your family law issue.
Let IBF Law Group help you through your family’s legal challenges. Call (602) 833-1110 now or contact our firm online to schedule your consultation. Our family lawyers in Phoenix and ready to answer your questions.
Filing for Divorce in Arizona
No family is perfect. Sometimes, the best option for everyone is for the parents to resolve their conflicts by separating. Divorce can be either contested or uncontested depending on whether or not each spouse is willing to work with the other. Our firm can help you identify what is wrong with the marriage and make a strong case for your future. If you are considering divorce or dissolution of your marriage, do not hesitate to reach out to experienced Divorce attorneys in Phoenix at IBF Law Group.
What Are the Grounds for Divorce in Arizona?
The only grounds for divorce that are recognized in Arizona are for “irretrievably broken” or “irreconcilable differences”. It is not necessary to find a spouse “at fault” for divorce or dissolution of the marriage -- all that is needed is for one party to wish to get a divorce.
It is not necessary to go through divorce alone -- it may be a frustrating and emotionally exhausting experience. Work with a Phoenix divorce lawyer near you to help reduce the stress. Reach out to our team at (602) 833-1110 today.
Contested vs. Uncontested Divorce
In Arizona, the two types of divorce are contested and uncontested. “Uncontested divorce” means that both spouses agree to the divorce -- one spouse will file a Petition for Dissolution and the other spouse will not file a Response. This may result in a default judgment or the spouse may contact the other to enter a “Consent Decree” without going to Court.
“Contested Divorce” means that a spouse wishes to fight the Petition for Dissolution. They must file a Response to the Court. If a Marital Settlement Agreement is not reached, then there will be a trial.
Attorney's Conflict of Interest in an Arizona Divorce
In Arizona, there are conflict of interest rules when it comes to divorce. Divorce attorneys cannot accept representation against former clients where they may pass on confidential information. If an attorney accepts, they may be subject to disqualification.
How to File for Divorce in AZ
To file for divorce in Arizona, the following steps are generally involved:
- Meet Residency Requirements: Either you or your spouse must have been a resident of Arizona for at least 90 days before filing for divorce.
- Gather Necessary Documents: Ensure you have the required documents, which may include forms such as the Petition for Dissolution of Marriage, Summons, and other supporting documents.
- Complete the Forms: Fill out the necessary forms accurately and completely.
- File the Forms: Take the completed forms to the clerk's office in the appropriate county courthouse. Pay any applicable filing fees. Keep copies of all filed documents for your records.
- Serve the Other Party: Ensure that the other party (your spouse) is properly served with a copy of the filed documents, including the Summons. This can be done through personal service, certified mail, or other acceptable methods as per Arizona law.
- Await Response: The other party has a certain period of time to respond to the divorce filing. If they fail to respond within the specified timeframe, the divorce may proceed as uncontested.
- Financial Disclosures: Both parties are typically required to exchange financial information, including income, assets, debts, and expenses.
- Negotiate Settlement or Proceed to Trial: If the divorce is contested, negotiations or mediation may take place to reach a settlement. If an agreement cannot be reached, the case may go to trial, where a judge will make decisions regarding the unresolved issues.
It is important to note that divorce proceedings can be complex, and it is advisable to consult with an attorney who specializes in family law in Arizona to guide you through the process and ensure your rights are protected.
Children need a stable, constructive environment to grow. Custody agreements can be challenging and emotionally tense as courts try to determine what is in the best interests of the child. It is crucial that you prove your ability to provide the best living situation for your child. IBF Law Group can help you by identifying your strengths and the other party’s weaknesses.
Your child’s custody outcome will be determined by factors such as:
- Each parent’s relationship with the child
- Financial stability
- Availability of safe housing
- Where the child wishes to live
- Any history of violence or aggression
- Substance abuse problems
- What will disrupt the child’s life the least
Along with a safe place to live, children need financial support that helps them thrive. If you have questions about your current child support arrangements, IBF Law Group can help. We understand the calculations involved in fair payments and can help ensure that your arrangement is correct.
Other Family Law Issues
Our firm is versed in all family law matters, and we can provide you with counsel to move you forward with your family’s case.
IBF Law Group can help with issues such as:
- Spousal maintenance (alimony)
- Prenuptial and postnuptial agreements
- Property division
- Other custody arrangements
Are Postnuptial Agreements Valid in Arizona?
A postnuptial agreement is valid and enforceable in Arizona if it is created properly. A postnuptial is treated similar to a contract.
In Arizona, a valid postnuptial agreement must be:
- In writing
- Terms should be fair and equitable
- Signed by both parties
Call our firm today to schedule a consultation and learn more about how to proceed with your case. We are here to help you get the advice you need to plan for your family’s future.
Call (602) 833-1110 now to get started with a consultation. Speak with our Phoenix family law attorneys at IBF Law Group.
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