Divorce Lawyer Phoenix
Arizona family law issues go far beyond handling divorce papers. While many Arizona family lawyers represent clients undergoing divorce, there is a much broader array of legal issues that may come up in your divorce case.
It is imperative that you have an Arizona family law attorney who can help with child custody, support for children and spouses, grandparents’ rights, and more. The process of going through a divorce can be difficult, even if you both agree that you need to part ways. The complexities of Phoenix family law can present numerous challenges, which is why you will want a Phoenix divorce lawyer who understands the intricacies involved.
Filing for divorce can be painful and when you need to make sure your children are safe and cared for, it can be excruciating. Family conflicts that require legal action to resolve also require an experienced Phoenix divorce lawyer to help you throughout the entire legal process.
It is vital that you choose Phoenix divorce lawyers who can provide you with the compassion and experience you deserve. The Law Office of Cosmas Onyia is fully committed to understanding your needs and advocating for you during this challenging point in your life. Our divorce attorneys are ready to represent you through all family law matters, including legal separation, divorce, orders of protection, child custody, child support, and more.
Contact our Phoenix family law firm today to discuss your case with the utmost confidentiality in a free consultation.
Overview of Divorce Law in Phoenix
Divorce in Arizona is also referred to as a dissolution of marriage. The divorce process requires a mandatory 60-day waiting period from the date of the divorce proceedings. Uncontested divorce is generally quicker as it has fewer complications.
However, in a contested divorce, there may be factors involved that complicate matters. Regardless, you will need an Arizona divorce attorney who can provide you with the unwavering support and legal guidance you need during this difficult time.
The Law Office of Cosmas Onyia offers the following services to assist you with family law:
Divorce Consultation and Case Evaluation
When you say, “I do,” you never imagine your marriage ending in divorce or separation. Uncontested divorces may be amicable, but they still require legal representation to ensure your rights are upheld and that all family law matters are taken care of.
If your divorce is filled with tension and difficulty, the key is having a family law attorney who can help resolve your marital issues or defend your rights in court. Suppose you have many assets and debts, children, own businesses, or deserve financial support from your spouse to help you begin the next chapter of your life. In that case, you should not delay seeking the representation of a family law attorney from our firm to help you through the divorce process.
Representation in divorce negotiations will ensure that you are always informed of your options and have someone guiding you through difficult decisions.
Division of Assets and Property
Since Arizona is a community property state, you may need to contend with both community property and separate property when dealing with marital property. Community property will usually result in the equal division of property that was acquired during the course of your marriage.
Naturally, this often means that most properties are divided based on equity and fairness rather than simply divided in half. It can create further strain on an already rough process, especially when debts are involved. With a divorce decree, debts incurred during the marriage must also be split. Problems arise when the income is different between spouses in regards to splitting property and debts. Make sure you have someone protecting your legal rights in the divorce process by choosing the experienced attorneys from our legal team.
Child Custody and Child Support
The hardest part of an Arizona divorce is when child custody and child support are involved. If you have minor children, their health and well-being must always be a top consideration. Prior to the child custody process and giving or receiving child support, you should create a parenting plan and submit it to a judge.
According to Arizona law, there are distinctions between physical custody and legal custody. Physical custody involves where the child resides. Legal custody involves the decision-making authority a parent has over minor children. Parents can share joint custody or have joint legal decision-making authority, but to ensure the best interests of the children are upheld, it is wise to work with an Arizona divorce attorney throughout the process.
Child support is another area that deserves ample consideration when minor children are involved. The court will generally consider how much each parent earns and whether a parent is paying spousal maintenance. You may believe that you’re being made to pay child support above and beyond your means, or you may think that you are not receiving enough child support to properly care for your child’s health, education, and other needs. The Law Office of Cosmas Onyia will be there for you to provide legal advice and guidance to help stand up for what is best for you and your kids.
Alimony or support for a spouse is a major issue in many divorce cases. The length of your marriage, income, property, future earning capacity, and even the need for continuing education so a spouse can earn a living can make this aspect of the divorce process incredibly complex. The divorce lawyers at the Law Office of Cosmas Onyia can help you find the best solution to make sure everything is fair.
In addition to these family law services, our law office also helps with legal documentation, paperwork, mediation, collaborative divorce options, and appeals and modifications throughout these circumstances. We also offer post-divorce support as our family law team tailors our approach to meet your specific needs.
We know your life is changing in ways you never imagined on your wedding day or the day you welcomed your children into this world. It can feel like the end of the world in family law cases, which is why we commit ourselves to supporting you with the utmost compassion.
What Should I Do Immediately After A Divorce is Finalized in Phoenix, Arizona?
Going through a divorce can be emotionally and financially draining, but taking crucial steps after can help you get back on your feet and move forward. By taking these steps, you can ensure a smoother transition to post-divorce life and start moving forward with confidence and peace of mind.
Update Your Legal Documents
After the finalization of your divorce, you should update your legal documents, such as your will, trust, and power of attorney. This will 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. This will reflect your new marital status and ensure your assets are protected.
Take Care of Your Mental Health
Divorce can be a stressful and emotionally challenging experience, and it is crucial to take care of your mental health during this time. Consider seeing a therapist or counselor to 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 divorce lawyer. Attorney Cosmas Onyia is an experienced divorce lawyer based in Phoenix, AZ who can answer all your questions.
Types of Divorce
Individuals considering divorce can choose several types of divorce, depending on their circumstances and goals. A family law attorney in Phoenix AZ from the Law Offices of Cosmas Onyia can guide you through the divorce process and determine which type of divorce is best for your situation.
Here is an overview of each type:
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 intervenes to decide these issues. This form of divorce can be more expensive and time-consuming than other types.
In contrast to a contested divorce, an uncontested divorce occurs when both parties agree with each other on the terms of the divorce, such as property division, child custody, and spousal maintenance. In many cases, an uncontested divorce can be resolved more quickly and inexpensively than a contested 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.
A fault-based divorce occurs when one party alleges the other party was at fault for the marriage breakdown. 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.
In a collaborative divorce, 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.
In a mediated divorce, both spouses work with a neutral third party 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 involve jurisdictional issues, 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. However, military spouses need to know their legal rights and options. Consulting with a divorce attorney who has experience 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 filing your divorce petition to finalizing it.
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 Phoenix AZ Divorce Lawyer for compassionate and knowledgeable legal representation.
What Are Some Key Issues That Arise in a Divorce?
Although many different issues arise in each case, the following are common in most divorce cases:
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, also known as alimony or maintenance, is financial support provided by one spouse to the other after a divorce. The purpose of this support is to help the lower-earning spouse maintain a similar standard of living after the divorce. In determining support for a spouse, 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 refers to legal and physical custody of children after a divorce. Legal custody determines which parent has the right to make crucial decisions for them, including education, healthcare, and religion.
Physical custody refers to where the child lives.
In determining custody, courts aim to protect the best interests of a child.
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 divorce process with a level head and seek advice from an experienced divorce lawyer. By avoiding the following common mistakes, you can ensure that the divorce proceedings are as smooth and stress-free as possible. According to our Phoenix family law attorney, 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 must be disclosed, including bank accounts, investments, and real estate.
Do Not Involve Your Children
It’s necessary to shield your children from stress and conflict through the process of a divorce. Do not use them as messengers or put them in the middle of your disputes.
Do Not Make Rash Decisions
Divorce can be emotional, but 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, you should follow it. Violating a court order can result in legal consequences.
Do Not Post on Social Media
Be careful about what you post on social media during a divorce. Avoid posting negative comments about your spouse or discussing the details of your 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 the states in the 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 owned by one spouse before the marriage or received as a gift or inheritance during the marriage is considered separate property and not subject to division in a divorce. Additionally, any income earned from separate property during the marriage may be considered community under certain circumstances.
During a divorce, the court will divide the shared 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 dividing 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.
You can consult our experienced Phoenix divorce attorney to learn more about dividing your assets.
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 state that the marriage is irretrievably broken.
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 makes the process less adversarial and more focused on finding a resolution that is in the best interests of both parties. Eliminating the need to prove fault or wrongdoing also reduces the emotional stress and cost of 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, one spouse must have been a resident of the state for at least 90 days before filing the petition.
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 before 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.An experienced family law attorney can ensure that all legal requirements are met throughout the process.
List of Potential Divorce 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 maintenance 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.
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 has children, they will need to create 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.
Custody and visitation: If the divorcing couple has 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.
If you are facing a difficult family law issue, you need a compassionate and experienced Phoenix AZ Divorce Lawyer, 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 experienced Arizona divorce lawyer and learn how we can help you navigate the legal system with confidence and peace of mind.
Why Choose the Law Office of Cosmas Onyia for Divorce Cases?
Arizona divorce cases require the Arizona divorce experts at the Law Office of Cosmas Onyia. Whether you need to file for legal separation and require assistance trying to work things out or you must part ways, there are many issues that can arise when family law matters are uncontested.
You may not have fully considered all these details, but we can assure you that our Arizona family lawyers will be ready to handle them all. An experienced divorce attorney will keep you informed and help you understand all of your legal options to choose the right course of action. When you have an Arizona divorce lawyer who cares about you and how this family matter will change every aspect of your life, you will find the best solution to fit your needs. Contact us today for a free consultation to discuss your circumstances with our Phoenix divorce attorneys.