Unfortunately, divorce is a reality for many Arizonans. Most people never enter a marriage anticipating a divorce and yet half of marriages end in divorce. We have all heard the horror stories, divorces that lasted two years and cost over $100,000. These stories are not fiction. You are wise to be consulting resources to learn more about your options.
The truth is that you do have control over portions of the divorce process and even the outcome of your divorce case. The more you learn now, the better prepared you will be while entering this very difficult phase in your life. Many emerge from divorce in a healthier and happier emotional state, stronger and more empowered than ever before.
At Modern Law, we handle exclusively family law including all types of divorce. Divorce can be relatively short and painless or very long and drawn out. Most fall somewhere in between. We believe our job is to navigate and guide you through the process, preparing your case for all potential outcomes.
One of the first choices that you have is whether or not to try mediation prior to filing for divorce. Modern Law is a huge fan of mediation. It does not work for everyone, but the process is usually successful in moving the parties toward settlement. For more on Mediation, click here.
Generally, Arizona Divorce can be broken down in the following phases:
Initial document filings. In Arizona, there is no way for a couple to co-petition for an uncontested divorce. Someone must file as the Petitioner and the other is by default the Respondent. The initial document filings include filing a Petition, a Response, Temporary Orders Motions, supplemental documentation such as the summons and preliminary injunction, etc.
If the couple agrees on how to resolve all the issues, you can proceed either by consent or default. For more information about that, click here.
The second phase is all about discovery. Here, we use various tools and processes to gain a better understanding of the issues After these initial filings, either a resolution management conference, an early resolution conference or a temporary orders hearing will be scheduled. All of these take place at the courthouse and will result in either temporary orders, a case plan for moving forward, or partial settlements.
Additionally, both parties will file an affidavit of financial information and engage in what we call “Rule 49 Disclosures”. Rule 49 of the Arizona Rules for Family Law Procedure sets out required disclosures of information in all family law cases. If additional discovery of information is needed, tools such as uniform or non-uniform interrogatories, requests for admissions, or requests for production of documents may be served upon the opposing party. In some cases, depositions can be used as a discovery tool.
The third phase, ADR, happens much of the time but not always. Alternative dispute resolution takes many forms and is not always appropriate, however many clients find it to be very beneficial. For more information on ADR, click here. Throughout phases two and three, you and your attorney are likely attempting to negotiate a settlement. If we can come to agreements, both parties are likely to come out ahead both financially and emotionally.
Finally, we have trial and trial preparation. This means taking all of the information that we have gathered and the facts of your particular case and applying it to Arizona Divorce law. Arizona Divorce is governed by statute, which means that all of our arguments or positions must be supported by statute and/or case law. Here, we identify and subpoena witnesses and prepare testimony and exhibits in order to present your case. A detailed and complete pre-trial statement is essential for a favorable outcome to your case. It serves as an outline for the Judge and the attorney regarding the facts, the law and it’s application to your case.
After a trial, a Judge in Maricopa County family court is very unlikely to “rule from the bench”. Almost always, we are sent from the courtroom while the Judge takes the matter “under advisement”. We can usually expect a ruling within 60 days.
In an Arizona Divorce, possible issues include custody, which is now called legal decision making and parenting time, child support, property division, spousal maintenance or alimony, and sometimes paternity. Other issues that sometimes arise include domestic violence or community waste of assets.
As Modern Law, we handle divorce cases in Mesa, Chandler, Phoenix, Scottsdale, and all areas in the greater Phoenix area including Maricopa and Pinal county. We have handled divorces with more than $10 million at stake, and divorces where parties had no children, no debt and no assets. Modern Law is committed to meeting each client’s needs and budgets. Modern law is not your average law firm and neither are our clients.