Divorce Lawyer in Phoenix AZ

Marital problems can be tough to deal with. When nothing works and your thoughts turn to divorce, the world as you know it slowly begins to change. Your spouse’s absence in your life becomes awkward to explain to others, including your children, family members, and colleagues. Your daily routine and work can also get disturbed if legal problems arise, and there is stress at home. 

If you live in the Phoenix area, in Arizona and are toying with the idea of divorce, or have already been served with legal papers, then you need the guidance and help of a divorce attorney. During the process, you will need to make many decisions that will affect your life going forward. The Law Offices of Cosmas Onyia specializes in family law matters and prefers to take a personalized approach. We listen to what you have to say, what you want, and your current situation. 

Our team is dedicated and knows the divorce process inside and out and only provides a solution that considers your unique circumstances. After accepting the case, we dedicate our valuable resources to your case and ensure that you and your loved ones’ needs are taken care of when this is all over. 

When you need legal representation by a divorce lawyer in Phoenix with over 25 years of trial experience in Phoenix, contact us for a free initial case review.

Couple

Divorce Process

Division of Property 

As per Arizona State Law, personal and real property acquired or purchased is considered community property. It means that it is jointly owned by both partners equally, and the rule is not just limited to property or vehicles but can also include the following assets if they happened during the marriage, including but not limited to:

  • New business
  • Acquiring ownership interests in land, real estate, business, and similar things. 
  • Financial instruments and holdings in brokerage accounts. 
  • Earnings, incomes, wages, and bonuses. 
  • Retirement accounts and pensions. 
  • IRAs
  • Dividend received
  • Valuable assets include boats, yachts, art, furniture, appliances, automobiles, and other properties. 
  • Debts accumulated 

Usually, assets are divided equally between partners. In some circumstances where it is not possible, one partner may be asked to buy the other’s interest. Equalization payments can also be used in real estate and business. There is also a possibility that an asset may solely be in the name of one partner or one partner has received an inheritance or substantial gift. In this case, it is best handled by an experienced lawyer. They can help you navigate the situation, negotiate with the other partner and represent you. 

Contact the Law Offices Of Cosmas Onyia for expert legal help in the divorce process. 

Contested vs. Uncontested Divorce

When a divorce is uncontested, it means that both the parties agree that divorce is the best way, it is in their interest to split, and they agree to the terms of the divorce. The terms include how debts and assets shall be divided, whether spousal support is needed, custody, and visitation timings. When a divorce is contested, it may mean that one of the partners is planning to fight the terms of the divorce proceedings. It can also mean that the parties cannot agree on any of the matters that need to be settled. In the case of a contested divorce, it is always best to get help from a lawyer specializing in family law matters to handle the complications from the situation and ensure that you end up in a comfortable position when the proceedings are done. 

Spousal Support, Child Support, and Child Custody

Three of the most disputable terms of a divorce are – child custody, child support and alimony. Here is more information on these issues: 

Child Custody 

The court will decide what’s best for your minor children while deciding on the child custody matter. Things are made easier if you and your soon-to-be ex-partner get along and agree on visitation and custodial terms. Considerations regarding sole custody, physical custody, joint legal, and primary physical custody while considering what both parents have to say. 

Spousal Support

Spousal support can be awarded to either of the parties if the requestor can prove that they need financial assistance to meet their obligations. 

Child Support

If you and your partner have minor children together, another matter that will come up with child support is the children’s financial needs. Many factors will be considered by a judge, even if both parents agree on an arrangement, including but not limited to:

  • Earnings of both parents
  • Number of minor children 
  • Child custody terms 
  • Medical, education, and other needs of children
  • Any special needs of the children

Legal Separation in Arizona

In Arizona, couples who don’t want to be together but don’t want to file for divorce have another option available – legal separation. It will mean that you remain legally married but separated. Usually, this is the first step taken by many couples wanting to opt for divorce later or wanting some time to try to sort out their issues. If you can get back together, it is easy to end legal separation. Our team at the Law Offices Of Cosmas Onyia can help you in advising as to what route will be better for you and how to go about pursuing it. 

Law Offices Of Cosmas Onyia 

Situations involving family law, such as divorce and child custody, can get intense as emotions run high. You need an objective opinion by an experienced lawyer who can calmly work through high-stress situations. There is always so much at stake and one misstep can make you lose it all. Hiring a family law attorney will give you a fighting chance of an outcome that is in your favor and everyone’s best interests, whether it is about child custody disputes or legal and financial rights.  

Our team at Law Offices Of Cosmas Onyia in Phoenix, AZ, has a very brilliant divorce attorney experienced in the following matters: 

Apart from adopting a personalized approach, we help you regain control of your life by collecting vital information that can make or break your case. Our affordable services can help you get through these difficult times by offering strong legal representation. We also believe in operating transparently and ensuring you understand the hows and whys of the divorce process. 

Contact us today for more information and to talk with a family law attorney.

Frequently Asked Questions 

Who pays for the divorce attorney?

People often overlook the possibility that one partner may have to foot the entire or part bill of a family law attorney who was hired to sort out the process, along with court costs. Unfortunately, this can be worrisome for many as paying for their bill is one thing, but settling another can prove costly. A considerate lawyer will keep this in mind; there are two factors a court may consider before taking a decision in this respect – 

  1. Before awarding attorney’s fees, the court will look at both partners’ financial records to determine who is making more or has more assets, and
  2. Whether either of the parties took unjustified positions. 

Our team always remains on the ethical side and will behave reasonably instead of lobbying baseless accusations, which can hurt your case even further. The judges are aware of the attorneys who take the unethical route and tend to place less credibility on their arguments. 

Is a reason needed to file for a divorce?

Arizona being a “no-fault” state, does not require you to have a reason for filing for divorce or your spouse to agree to it. The one thing you need is one partner to agree that the marriage is “irretrievably broken.” They have decided that the relationship cannot work anymore and hence need a divorce. There is no need for marital counseling either. 

One exception to this information is a covenant marriage, but not many people enter into it nowadays. 

Is it better to consult a family law attorney before filing for divorce?

Yes, if possible, you should consider consulting a lawyer before moving out of the house or filing for divorce. You can control many things early on before the legal process starts. For example, we recommend you document all your valuable possessions so that all contents can be inventoried and divided equally. It is also better to have a temporary parental agreement in place if you have children. That said, each situation is different, and it is only upon consultation that we can advise you correctly. 

Will I need to go to trial after filing for divorce?

If there is a mutual agreement between both parties regarding divorce proceedings, then we can draft settlement papers without going to trial. Our firm’s first attempt is to identify and resolve issues, and the need to go to court does not arise at all as the process can be costly, life-altering, and long drawn out. However, should the need arise to go to trial, we stand by you and prepare your case thoroughly to represent you in court, as well.

Other Practice Areas:

You might be interested in: