Navigate Divorce or Legal Separation
with an Experienced Arizona Divorce Attorney
Making the decision to end your marriage or enter a period of separation can be tense and overwhelming, especially if you have children. At Gary B. Kraft, Family Law, we offer support and guidance as you navigate a divorce or legal separation.
We will stand up for your rights, negotiate on your behalf, and act as your advocate each step of the way. Our goal is to meet you where you are and offer accessible, efficient, and affordable legal services that will help you secure the best possible outcome in your case.
Understanding Dissolution of Marriage
The divorce process in Arizona, legally called dissolution of marriage, is governed by state statutes and case law. Arizona has long been a “no-fault” divorce state, meaning that neither spouse is required to prove wrongdoing by the other to obtain a divorce. Instead, they only need to state that the marriage is “irretrievably broken.”
During the divorce process, either by agreement between spouses or by order from the Court after a trial, issues related to children and the division of property will be resolved. If minor children are involved, custody issues will be resolved. Child custody in Arizona, referred to as “legal decision making” and “parenting time,” is determined based on the best interests of the child. If the parents cannot reach agreement, the Court evaluates various factors to decide how decision-making responsibilities and time with the child will be shared between the parents.
Child Support & Spousal Maintenance
Child support will also be calculated based on the Arizona Child Support Guidelines, factoring in both parents’ incomes, certain expenses (usually day care and insurance), the number of children, and the parenting time exercised by each parent.
Alimony, known in Arizona as “spousal maintenance,” can also be awarded. The Court will make a threshold determination of the requesting spouse’s eligibility to receive an award of spousal maintenance and, if eligible, will look at several factors to determine entitlement to such an award. If found to be entitled, the Court will then determine the amount and duration of the spousal maintenance award.
Dividing Property & Assets
Property issues can also be resolved by agreement or by the Court. Arizona is a community property state, meaning assets and debts acquired during the marriage are typically divided equally between the spouses.
Arizona requires a 60-day waiting period from the date the responding spouse is served before the Court will finalize the divorce. After the waiting period has elapsed and when all issues are resolved by agreement or by the Court, the Court will issue a “Decree of Dissolution of Marriage,” finalizing the divorce.
FAQs About Divorce or Separation in Arizona
Read through the answers to some of the most frequently asked questions we get about divorce and legal separation in Arizona. If you have a question that isn’t answered here, reach out to us or schedule a consultation today.
What is the difference between divorce and legal separation?
The result of divorce and legal separation is essentially the same, with one notable exception: If you have undergone a legal separation, you cannot marry another person because you are still married to your spouse. Both divorce and legal separation involve a division of property, assets, and finances and typically results in one or both parties moving out of the marital home. Both arrangements require custody and parenting time negotiations if minor children are involved. However, after legal separation is concluded, you are both still married to each other in the eyes of the law, whereas after a divorce, you are free to marry other people.
My spouse and I are friendly with each other. Do I really need a divorce attorney?
What happens after I file for divorce?
How will our property be divided?
How are child custody issues and parenting time arranged?
Schedule a Consultation with Our Arizona Divorce Attorney
We offer accessible, compassionate, and flexible family legal services and want to make it as easy as possible for you to meet with us. Call us now or fill out our online contact form to schedule a consultation in person, over the phone, or on Zoom.
We can help you through this period of transition and find effective solutions and results that work for you.
