Divorce Law in Chandler, AZ

The cost of a divorce in Arizona can vary widely depending on several factors. But some sources suggest the average flat rate is around $10,000.

This cost can be a significant financial burden. Furthermore, disputes over child custody, alimony, or property division can stall things significantly.

The best chance to get through unscathed is with the help of a divorce lawyer from Chandler. You may discover some surprising options and value in the sections that follow.

Issues Involved in Chandler, Arizona Divorce Law

The divorce process involves various complex issues that need resolving. Many of these issues can trigger strong emotions from one or both parties, often leading to volatility.

Dividing Property 

Dividing property, debts, and assets during divorce is a rough issue to resolve. States such as Arizona often make all items acquired during the marriage eligible for division. These concerns include properties, vehicles, or financial accounts.

In certain states, marital property splits equally. Meanwhile, others use an equitable distribution approach. In this scenario, the judge evaluates each spouse’s contribution to determine the property division. However, this process may not always result in an exact 50/50 split of property, debt, and other assets.

Child Support 

Both parents share the responsibility of helping their children. Accordingly, each state sets child support guidelines to determine their financial obligations. These regulations take income and time spent with adolescents into account. Then, it establishes a set amount to provide for essential needs like healthcare, food, or clothing.

The amount parents from Chandler pay gets calculated using the Arizona Child Support Guidelines. These regulations review several aspects, including:

  • The income of both parents
  • The number of children
  • Healthcare expenses
  • Education costs, such as tuition
  • Any extraordinary expenses incurred in raising the child

Generally, the formula uses the Income Shares Model. Furthermore, the court order can be subject to adjustment in certain circumstances, such as if the child’s needs change.

Alimony 

In regards to alimony, the amount and duration can vary greatly. The Chandler, AZ court considers various factors when determining the appropriate sum, including:

  • Parental responsibilities
  • The distribution of property
  • How long the marriage lasted
  • Age and health of each spouse
  • Earning ability and level of schooling
  • Investments and other assets for either spouse
  • The needs of one spouse and the capacity to pay

Arizona Revised Statutes allow four types of alimony for divorce cases in Chandler. The current options are:

  • Temporary alimony orders a spouse to make payments through the final divorce decree.
  • Short-term or rehabilitative alimony lasts for a specific duration to help with education or finding employment.
  • Long-term or indefinite alimony remains until a specific event occurs, such as remarriage or death.
  • Reimbursement alimony involves a spouse that aided the other in education, training, or career development. The paying spouse receives reimbursement for that support.

Child Custody and Visitation

During a divorce that involves children, child custody can be the most emotionally charged issue. It is crucial to remember that the court’s decisions regarding custody center on the best interest of the child. Keeping this goal in mind can help guide parents through this challenging process.

Arizona law determines what a judge can examine to determine the best interests of a child. The factors considered regarding parents from Chandler include the following criteria:

  • Physical and mental health of the parents
  • The quality of the relationship between the child and each parent
  • Capacity of each parent to cater to the child’s physical, emotional, and educational needs
  • The current adjustment of the child to their home, school, and community
  • Evaluating the presence of any history of domestic violence or substance abuse by either parent
  • The child’s wishes, if they are of appropriate maturity to express them
  • Either parent’s ability to collaborate and communicate in matters relating to the child.

In Chandler, Arizona, it is customary for courts to grant joint legal custody. This order gives both parents the legal authority to make crucial decisions for their children.

It is important to note that legal custody is separate from physical custody or visitation rights. Joint custody does not necessarily mean that both parents will spend equal time with the child. Similarly, sole legal custody does not necessarily prevent the non-custodial parent from seeing their son or daughter.

The Process of Going Through Divorce Law in Chandler, Arizona

If you are considering filing for divorce, you need an essential understanding of the steps involved. This section will demonstrate how divorce legal proceedings typically happen.

Step 1: File the Divorce Law Petition

A spouse must submit a legal petition to end the marriage. This petition should contain the following information:

  • A grounds for divorce
  • A declaration that establishes that at least one spouse satisfies the residency criteria
  • Any other legal information mandated by the state

Most states provide for a no-fault divorce where you do not have to justify the filing. Under state law, couples from Arizona have this option available to them as well.

Step 2: Request Temporary Orders

Divorce in Chandler can take several months. But temporary orders can receive approval for various reasons. Child custody, spousal support, and other concerns can take effect quickly. As a result, requesting temporary orders as soon as possible can ensure you have access to what you need.

Step 3: Serve Your Spouse and Wait for Their Response

When filing for divorce, the petitioner is responsible for serving their spouse with the divorce papers. Subsequently, they must submit proof of service to the court. If the spouse acknowledges it, they must provide an affidavit confirming their acceptance.

However, in many cases, the petitioner must engage a process server or sheriff to serve the petition on their spouse. The third-party service provider is then responsible for recording the proof of service.

Step 4: Try To Come to an Agreement

Ideally, an uncontested divorce is the most desirable outcome for both parties. This agreement can happen through direct communication between the partners or with a mediator. It can save both parties money and reduce the harsh feelings associated with divorce proceedings.

Step 5: Go To Court

If both parties are unable to agree, the case will proceed before a judge in Chandler, AZ. While there may be advantages, this court of action can also limit control over the agreement.

The Maricopa County Superior Court is responsible for hearing divorce cases in Chandler, Arizona. This court has several branches located across the county, including in Phoenix.

Step 6: Receive the Judgment of Divorce

The divorce trial will culminate in the official divorce judgment, which ends the marriage. This final dissolution delineates the specific details like the division of property or child custody.

Work With an Experienced Chandler, Arizona Divorce Law Attorney

If you cannot come to a mutual understanding, seek the services of a top-notch lawyer in Chandler. An attorney will advocate for your rights and ensure you receive what you deserve.

We can even assist you in locating an attorney across Arizona lines. Contact us today at (866) 345-6784 or submit an online request for a consultation.

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