Types of Divorce
Whenever you and your spouse agree that divorce is the right step for the both of you, the legal process can be very complicated to understand. Phoenix divorce attorney Cosmas Onyia can help answer your questions and simplify the divorce proceedings. Many clients seek a divorce attorney because they have no idea where to begin, especially if their case is complicated and involves children. Our law firm has extensive knowledge and experience with Arizona family law. Allow us to help you settle your dissolution of marriage.
As you know, not every divorce case ends the same way. As this is true, there is no single type of divorce case for every couple. Many differences of divorce can be in the law or in the approach that is established by you and your spouse. No matter how your divorce is settled, it can be cumbersome to deal with. Allow us to help you understand the different types of divorce in Arizona.
A contested divorce involves you and your spouse settling your differences in the courtroom in front of a judge with regards to property, liability, assets and child custody. If you are the couple who argues constantly over any of these issues that are not getting resolved out of court, then we suggest speaking with a divorce attorney to start building your case.
This may be the best solution for couples who are not “at each other’s throats.” We can help you and your spouse agree to terms of your divorce without the need of a formal trial. There will be filed court documents to cooperatively sign, but chances are you will not have to appear in court.
This particular divorce type involves working with lawyers in a manner that is similar to uncontested divorce. A collaborative divorce is generally a binding agreement that is done legally out of court. Both you and your spouse agree to disclose all the information needed to disclose for fair negotiations and prepare to settle. If however, your divorce does not settle collaboratively then you and your spouse will hire new attorneys to settle through a trial.
If in the event your spouse has been presented with the petition for dissolution of marriage, and they fail to respond within 20 days of receiving it, then you may be granted the divorce by default. The judge may order 10 additional days for the respondent to file a consent decree, but if your spouse does not participate to the legal proceedings at all then a default divorce can be granted to you.
A mediated divorce is a settlement out of court that involves a neutral third party. You and your spouse will meet with a mediator to help resolve your differences in your divorce and to help the both of you communicate until an agreement is reached. The decisions made however, are entitled for you and your spouse to follow, which is not legally binding.
Cosmas Oniya, P.C. is a family law firm that has been helping clients settle legal issues for more than 15 years. If you are facing a divorce then it is imperative that you have an experienced Phoenix attorney by your side to answer all your questions before divorce proceedings get underway. Please contact our Phoenix law firm online or call us at (602) 265-5200.