Divorce Lawyer in Phoenix
The latest statistics indicate 40% to 50% of marriages end in divorce in the United States. Further, 75% of people are more likely to end their marriage if their friend’s marriage has ended in divorce. Although recent statistics state that the divorce rate is the lowest it has ever been, there are still people going through a troubled time in their marriage. In Phoenix, AZ, the rate per one thousand women married and ended in divorce was around 12% in 2019. There are many steps to take when filing for divorce. One critical one is hiring a family law or divorce attorney. Hiring a family law attorney like Cosmas Onyia could be the breaking decision of walking away unscathed or dealing with a complicated never-ending nightmare situation.
How does divorce work, though? There are many steps to the divorce process.
File a Divorce Petition
To make your divorce legal in the eyes of the justice system, you must file a divorce petition with the courts. If you are unsure how to do this, you can hire a family law attorney to help you. There are requirements you must meet in order to file for the divorce petition.
A statement – you must give the courts a statement that states that at least one of the people in the marriage meets the state requirement for divorce. This may include residency. In Arizona, you must be a resident for 90 days before you can file for divorce.
Grounds for Divorce – you must have a legal reason or grounds for a divorce. Arizona is a no-fault divorce state so, you do not need to state grounds for the divorce.
Other information – You must comply with any additional information your state requires.
Ask for Temporary Orders
When filing for divorce, you can ask for temporary court orders. Filing for temporary orders makes it possible, so you do not have to wait upwards of six months before processing everything. Some temporary orders may include child custody, child support, or spousal support. When you ask for temporary orders, the court will hear from both parties before deciding on the final judgment. Based on information gathered, the court will either grant you temporary orders or not. Every situation and circumstance is different. It will remain valid unless the court decides otherwise or until the judge finalizes your divorce if given temporary orders. If you need help on which temporary orders to file for, be sure to reach out to a family law attorney in the Phoenix, Arizona area.
Serve Your Spouse Papers and Wait To Hear Back
You must serve your spouse the divorce papers and make sure to get proof of service. For some, this is easy because both parties agree on the divorce. Therefore, the receiving spouse will sign the papers. For others, both parties do not agree; therefore, it is more complicated. You must obtain proof of service for the judge to process your divorce case. If your spouse has hired a divorce attorney, you may be able to have the papers served on his or her lawyer’s office.
Your spouse must respond within a specific frame of time. Not doing so can result in a default judgment from the courts. After your spouse is served with divorce papers, your spouse also has the right to dispute other things like support, custody, or any other issues relating to the divorce.
Agreeing on a Settlement, Mediation, and Divorce Trial
After both parties have signed paperwork, now you both must agree on a settlement. Topics in the settlement agreement may include child support, custody, and property division. Some state court systems require both parties to go through mediation in hopes of a peaceful settlement. Other states do not, but depending on your situation, you may want to try mediation anyways because it can save time and money for both parties. Consult a family law attorney for your best options. If you have a particularly challenging case, hiring an experienced family law attorney like Cosmas Onyia is recommended.
If you cannot settle on an agreement, you will have to go through a divorce trial. Divorce trials are time-consuming and costly. If you can, try your best not to go to trial. Having a professional and experienced family law attorney at your side will help, but ultimately the courts decided the case’s outcome.
Finalizing the Divorce
Finalizing your divorce is the last step in the process. Whether you were able to agree on a settlement or if you had to go through a divorce trial depends on who signs the final papers for your divorce. If you settled, then the filing spouse’s divorce attorney will sign the papers, but the judge will if you had to go to trial. The papers will consist of any property distributed, spousal support, custody, and child support included in the agreement or verdict.
Call A Professional Family Law Attorney in Phoenix AZ
Depending on your situation, a divorce can be complicated or easier to combat. If you and your spouse had kids, this would make the process more complex. Either way, you want to make sure that you do not go through the process alone and contact the right legal help to aid you and have things go smoothly. You are entitled to your share of assets, and hiring a professional family law attorney may be the deciding factor in custody battles or property distributions.
So, be sure to contact a family law attorney at the start of the process to ensure you get what you are entitled to and that your family is safe. The process can be grueling and lonely, and most people go through it alone, but you should know that you do not have to and have the best option of hiring a lawyer.
Other Practice Areas:
- Legal Separation
- Child Custody
- Grandparents Rights
- Spousal Support
- Order of Protection
- Child Support
- Debt Division
- Property Division
- Child Visitation
You might be interested in: