Divorce Lawyer in Phoenix AZ
What Should I Do Immediately After A Divorce is Finalized in Phoenix, Arizona?
Going through a divorce proceeding can be emotionally and financially draining, but there are some important steps you can take to help you get back on your feet and move forward after the divorce is finalized. Below are some things to consider doing immediately after a divorce in Phoenix. By taking these steps, you can help ensure a smoother transition to post-divorce life and start moving forward with confidence and peace of mind.
Update Your Legal Documents
After your divorce is finalized, you will want to update your legal documents, such as your will, trust, and power of attorney, to reflect your new circumstances. This will help ensure that your assets are distributed according to your wishes and that the right people are authorized to make decisions on your behalf.
Update Your Financial Accounts
You should also update your financial accounts, such as bank accounts, retirement accounts, and insurance policies, to reflect your new marital status. This will help ensure that the right people are designated as beneficiaries and that your assets are protected.
Take Care of Your Mental Health
Divorce can be a stressful and emotionally challenging experience, and it is important to take care of your mental health during this time. Consider seeing a therapist or counselor to help you process your emotions and develop coping strategies.
Develop a Post-Divorce Budget
After a divorce, your financial situation may be significantly different than it was during your marriage. Develop a post-divorce budget to help you manage your finances and live within your means.
Spend Time with Loved Ones
Spending time with loved ones can provide emotional support and help you feel less alone during this difficult time. Lean on friends and family for support and surround yourself with people who care about you.
Seek Legal Guidance
If you have any questions or concerns about your legal rights and obligations, don’t hesitate to seek the guidance of an experienced Phoenix divorce lawyer from the Law Offices of Cosmas Onyia.
Types of Divorce
Individuals who are considering divorce have several types of divorce to choose from, depending on their circumstances and goals. A family law attorney in Phoenix AZ from the Law Offices of Cosmas Onyia can help guide you through the divorce process and determine which type of divorce is best for your situation.
Here is an overview of each type:
Contested Divorce
This type of divorce occurs when the parties cannot agree on one or more issues, such as child custody, spousal support, or property division. In a contested divorce, the court will need to intervene to make decisions on these issues. This form of divorce can be more expensive and time-consuming than other types.
Uncontested Divorce
In contrast to a contested divorce, an uncontested divorce occurs when both parties agree to the terms of the divorce, such as property division, child custody, and spousal support. In many cases, an uncontested divorce can be resolved more quickly and inexpensively than a contested divorce.
No-Fault Divorce
A no-fault divorce is a type of divorce in which neither party needs to prove fault or wrongdoing. Instead, the party filing for divorce simply needs to state that the marriage is irretrievably broken. Most states, including Arizona, allow for no-fault divorce.
Fault-Based Divorce
A fault-based divorce occurs when one party alleges that the other party was at fault for the breakdown of the marriage. Common grounds for fault-based divorce include adultery, abandonment, cruelty, and substance abuse. In a fault-based divorce, the party alleging fault must prove their case in court.
Collaborative Divorce
Collaborative divorce is a type of divorce in which both parties work with a divorce attorney and other professionals, such as financial planners or mental health professionals, to negotiate a settlement that works for everyone involved. The goal of collaborative divorce is to find a mutually beneficial solution to the issues involved in the divorce without going to court to resolve disputes.
Mediated Divorce
Mediated divorce is a type of divorce in which both parties work with a neutral third-party mediator to negotiate a settlement. The mediator helps the parties communicate and find common ground, but does not make decisions for them. Mediated divorces can be less expensive and less stressful than going to court.
What Is a Military Divorce?
Military divorce is a type of divorce that involves at least one spouse who is a member of the military. Military divorces can be more complex than civilian divorces because they often involve unique legal issues, such as the division of military benefits, including retirement and disability pay, the enforcement of military regulations and laws, and the calculation of support payments based on military pay.
Additionally, military divorces may also involve issues of jurisdiction, such as which state has the authority to hear the case.
Military divorces can be emotionally and financially stressful for both spouses, especially when there are children involved. However, it is important for military spouses to know their legal rights and options. Consulting with a divorce attorney who is experienced in handling military divorce cases can help spouses navigate the complex legal system and ensure that their interests are protected.
A knowledgeable attorney can provide guidance and support through the entire process, from the initial consultation to the final resolution of the case.
What If I Need a Military Divorce Attorney?
Attorney Cosmas Onyia, P.C. is an experienced military divorce lawyer who can help guide you through the legal process. Military divorce laws vary from state to state, and legal matters can be more complex for military families. A divorce attorney can provide guidance and support in matters such as child custody, spousal support, property division, and military pensions.
With more than 25 years of experience in family law, Attorney Cosmas Onyia, P.C. is equipped to represent you and inform you of your legal rights during this difficult time. Contact a military divorce attorney in Phoenix, AZ for compassionate and knowledgeable legal representation.
What Are Some Key Issues That Arise in a Divorce?
Although many different issues will arise that are particular to your specific divorce, the following issues are common to consider in most cases of divorce and are areas of expertise for our family law attorney at the Law Office of Cosmas Onyia.
Property Division
In a divorce, assets and debts acquired during the marriage must be divided equitably between the parties. This can include everything from bank accounts and investments to real estate and personal property. The division of property can become complicated, particularly when high-value assets or businesses are involved. In a military divorce, the division of military benefits, such as retirement pay and housing allowances, can also be a significant issue.
Spousal Support
Spousal support, also known as alimony or maintenance, is financial support provided by one spouse to the other after a divorce. The purpose of spousal support is to help the lower-earning spouse maintain a similar standard of living after the divorce. In determining spousal support, courts consider factors such as the length of the marriage, the earning potential of each spouse, and the financial needs and resources of each party.
Child Custody
Child custody refers to the legal and physical custody of children after a divorce. Legal custody determines which parent has the right to make major decisions regarding the child’s education, healthcare, and religion. Physical custody refers to where the child lives on a day-to-day basis. In determining custody, courts consider the best interests of the child, taking into account factors such as the child’s age, relationship with each parent, and stability of the home environment.
Child Support
Child support is the financial support provided by the non-custodial parent to the custodial parent for the care and maintenance of the child. The amount of child support is determined based on state guidelines that take into account factors such as the income of each parent, the number of children, and any special needs of the child. Child support payments can cover a range of expenses, including food, clothing, housing, and medical care.
Is There Anything I Shouldn’t Do During a Divorce?
During a divorce, it’s important to be mindful of your actions and decisions. In general, you should approach the process of divorce with a level head and seek advice from professionals and your divorce lawyer as needed. By avoiding the following common mistakes, you can help ensure that the divorce proceedings are as smooth and stress-free as possible. Here are some things that you should never do during a divorce:
Do Not Hide Assets
Hiding assets during a divorce is illegal and can have serious consequences. All assets, including bank accounts, investments, and real estate, must be disclosed.
Do Not Involve Your Children
It’s important to shield your children from stress and conflict through the process of a divorce. Avoid using your children as messengers or putting them in the middle of disputes with your spouse.
Do Not Make Rash Decisions
Divorce can be an emotional time, but it’s important to avoid making rash decisions that can have long-term consequences. Take time to carefully consider your options and seek advice from professionals and your Phoenix divorce lawyer as needed.
Do Not Violate Court Orders
If a court has issued an order, such as a custody or support order, it’s important to follow it. Violating a court order can result in legal consequences.
Do Not Post on Social Media
It’s important to be careful about what you post on social media during a divorce. Avoid posting negative comments about your spouse or discussing the details of the divorce on social media.
Do Not Badmouth Your Spouse
Badmouthing your spouse can create unnecessary conflict and can impact the outcome of the divorce. Avoid speaking negatively about your spouse, especially in front of your children.
Is There Anything I Should Know About Divorce in Arizona in Particular?
Arizona Uses the Community Property System
Arizona is one of states in U.S. that follows the community property system for dividing marital assets and debts in a divorce. Under the community property system, all property and debts acquired during the marriage are considered jointly owned by both spouses, regardless of whose name is on the title or account. This means that all assets and debts are divided equally between the spouses in the event of a divorce.
There are a few exceptions to this rule. Property that was owned by one spouse prior to the marriage or that was received as a gift or inheritance during the marriage is considered separate property and is not subject to division in a divorce. Additionally, any income earned from separate property during the marriage may be considered community property under certain circumstances.
During a divorce, the court will divide the community property and debts equally between the spouses unless there is a compelling reason to do otherwise. The court may also consider factors such as each spouse’s income, earning capacity, and contribution to the marriage when making the division of assets and debts.
Overall, the community property system in Arizona can simplify the process of dividing marital assets and debts in a divorce, as it takes a straightforward approach to determining ownership of property and debt during the marriage. However, it’s important to consult with our experienced Phoenix divorce lawyer to ensure that your rights and interests are protected during the divorce process.
Arizona Is a “No-Fault” Divorce State
Arizona is a “no-fault” divorce state, which means that a spouse does not need to prove that the other is at fault for the breakdown of the marriage to obtain a divorce. Instead, a spouse can simply state that the marriage is “irretrievably broken” or that there are irreconcilable differences that make continuing the marriage impossible.
In a no-fault divorce, the court will not consider fault or blame when making decisions about issues such as property division, spousal support, and child custody. Instead, the court will focus on determining a fair and equitable resolution based on the facts of the case.
The no-fault divorce system in Arizona is intended to make the process less adversarial and more focused on finding a resolution that is in the best interests of both parties. By eliminating the need to prove fault or wrongdoing, it can also help reduce the emotional stress and cost associated with divorce.
However, it’s important to note that fault can still be considered in certain circumstances, such as in cases involving domestic violence, child abuse, or substance abuse. In such cases, fault can impact decisions related to child custody, visitation, and other matters.
Arizona Residency Requirement
To file for divorce in Arizona, at least one spouse must have been a resident of the state for at least 90 days prior to filing the petition for dissolution of marriage. This residency requirement is established by Arizona law and is intended to ensure that the state has jurisdiction over the divorce case.
The 90-day residency requirement means that a spouse cannot simply move to Arizona for the sole purpose of filing for divorce. They must have established residency in the state prior to filing the petition. This can be demonstrated by providing documentation such as a driver’s license, voter registration card, or utility bills in the spouse’s name at an Arizona address.
It’s important to note that the residency requirement applies only to the spouse who files for divorce, not the other. The other spouse does not need to be a resident of Arizona for the divorce to proceed, but they must be served with a copy of the petition and have the opportunity to respond.
In addition to the residency requirement, there are other legal requirements that must be met to file for divorce in Arizona, such as meeting the state’s jurisdictional requirements and following the correct procedures for serving the other spouse with the divorce papers. An experienced family law attorney can help ensure that all legal requirements are met and that your rights and interests are protected throughout the divorce process.
List of Potential Divorce Issues
Financial Issues
Property division: Divorcing couples often have to divide their property, which may include assets such as homes, cars, investments, and retirement accounts.
Spousal support: The amount and duration of spousal support can vary based on several factors, including the length of the marriage, the earning potential of each spouse, and the standard of living during the marriage.
Child support: The amount of child support is determined based on the income of each parent and the needs of the children.
Taxes: Divorce can have a significant impact on taxes. For example, the division of property and the payment of spousal and child support can affect the tax obligations of both spouses.
Emotional Issues
Loss and grief: Divorce can be a painful and traumatic experience, especially if the couple has been together for a long time. Both spouses may experience feelings of loss and grief, which can be difficult to deal with.
Co-parenting: If the divorcing couple have children, they will need to establish a co-parenting plan that works for both of them. Co-parenting can be challenging and can lead to conflicts between the parents.
Moving on: Divorce can be a time of transition and change. Both spouses will need to adjust to their new lives and may need to seek support from friends, family, or a therapist.
Legal Issues
Custody and visitation: If the divorcing couple have children, they will need to establish a custody and visitation schedule that works for both of them. Custody and visitation can be contentious issues and may require the help of a mediator or a judge.
Estate planning: After a divorce, it’s important to update estate planning documents, such as wills and trusts, to reflect the new circumstances. Failure to update these documents can lead to unintended consequences.
Legal fees: Divorce can be expensive, and both spouses may incur significant legal fees during the process. It’s important to budget for these expenses and to seek legal advice from a Phoenix divorce lawyer.
Contact Us
If you are facing a difficult family law issue, you need a compassionate and experienced family law attorney in Phoenix, AZ, who can guide you through the legal process and protect your rights and interests. At the Law Office of Cosmas Onyia, we are committed to providing our clients with the highest level of legal representation and support.
Don’t face your family law issue alone. Contact us today to schedule a consultation with our divorce attorney and learn how we can help you navigate the legal system with confidence and peace of mind.
