Divorce Law in Mesa, AZ
Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.
Divorce can be a battle that few have the strength or stamina to fight. It can be taxing not only to your bank account, but to your mind, body, and soul as well. Still, if this is the avenue that you have chosen, you do not have to fight this fight alone. You can reach out to an experienced Mesa attorney to help you transition into this new phase of your life.
Issues Involved in Mesa, Arizona Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
Dividing Property
One of the most challenging issues in the divorce law process is dividing property, debts and assets. In many states, like Arizona, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition property, which may not equate to a perfect 50/50 division of your property, debt, and other assets..
Child Support
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing and other basic needs.
Mesa residents that are separating through divorce will have both their incomes examined when it comes to calculating child support. This is according to the current Arizona Child Support Guidelines. The amount of income that is generated by each parent will directly affect the percentage that each parent pays to raise the child.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Mesa, AZ divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
The State Legislature of Arizona allows for 3 types of alimony; rehabilitative, compensatory, and permanent. These are tiered, and designed to suit the needs of the recipient. Rehabilitative is limited and meant to be a stop gap until gainful employment is found, compensatory is proportionate to the amount one can earn, and permanent is awarded if one cannot earn an income.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
The State of Arizona affirms that its main focus when determining custody is the best interests of the child. This is paramount, and the deciding factors along all lines. When determining these best interests the court may consider
- Time each parent can spend with the child
- Income of both parents
- Spiritual upbringing
- Child’s preference
- History of abuse; physical, emotional, verbal, or sexual
Generally, Mesa, Arizona courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Mesa, Arizona
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
No fault divorces are accepted by the courts in Mesa.
Step 2: Request Temporary Orders
The divorce law process in Mesa can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you are the one who files a petition for divorce, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third-party who then records the proof of service.
Step 4: Try To Come to an Agreement
The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.
This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Mesa, AZ judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.
Mesa residents seeking to file divorce will most likely file their case with the Maricopa County Superior Court. If divorce is the only clear path you see forward, this is where your case will be filed.
Step 6: Receive the Judgment of Divorce
The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody and all relevant issues between the couple.
Work With an Experienced Mesa, Arizona Divorce Law Attorney
If you are going through a divorce in Arizona and are unable to reach an agreement with your partner, you should hire an experienced Mesa divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Arizona state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
