Tucson Family Law
Divorce is challenging at best. Even the most amicable situations are stressful and there’s always a certain amount of grief that comes from ending a relationship. There are a lot of charged emotions in a divorce case, from anger to sadness and even shock. Both parties will have to grieve the loss of the marriage, figure out how to start over, and do what’s in their best interest in terms of the legal process that ensues.
Many of the issues involved in divorce can be settled out of court if the parties involved can be agreeable about the split and the division of property. However, it’s still important for everyone to understand the legal process and all of the potential outcomes, including divorce, when a marriage is no longer working.
Do I Need a Tucson Divorce Lawyer?
If you are ready to file for divorce or you have been served with divorce papers, you need to contact an experienced Tucson divorce lawyer to help you get the best outcome in your case. This will ensure that you’re treated fairly and that you get through the legal process without confusion and uncertainty. Having an attorney on your side can give you more confidence and make the process simpler to deal with. It also ensures that there’s someone to handle the legal issues while you deal with figuring out how to start your life over from here.
How Arizona Handles Divorce Cases
Arizona recognizes two types of divorces: contested and uncontested. The latter is when both parties agree that divorce is the answer. Contested divorces are when one spouse plans to fight the divorce or they don’t agree on the various matters that need to be settled. This usually ends up in a long court battle or mediation process and having a Tucson divorce lawyer on your side will ensure that you get the best outcome possible.
In Arizona, marital property is considered community property. That means anything acquired during the marriage, including assets and debts, belongs equally to both spouses and should be divided equally in the divorce, as well. There are some instances where assets are in the name of only one spouse. That’s even more of a reason to hire a dedicated divorce lawyer who can help you protect your assets and make sure that nothing is unfairly given away.
Legal Separation
There is one alternative to divorce that many couples consider: legal separation. This is a legally binding agreement that is made between the couple to separate either temporarily or permanently. This will give them time to attempt to work out their issues and figure out where to go from here. Legal separations generally end up in divorce eventually, but some get resolved and can be restored to a normal relationship.
Even more people leave the legal separation in place and make few changes until or unless they have to, and that’s fine, too. As is the case with divorce, both spouses and their lawyers will be able to have input about the separation agreement, including things like the division of assets and how to ensure that the legal separation is working in everyone’s best interests.
For those who work things out in their separation, the legal process is easily terminated by an experienced attorney. And when they don’t, that same attorney can help you file for divorce and go through the next steps to protect yourself and get a fair outcome.
If Divorce Is the Best Option…
There are some instances where the only answer will be divorce. It may or may not be amicable, and it can be hard to accept. However, if you are in that position, you are not alone. Understand that you’re doing what’s best for yourself and your spouse, as well as any children that you have. If the relationship no longer works and you can’t find another way, divorce might be the answer.
There’s nothing wrong with getting divorced. In fact, it’s recommended for couples who are no longer happy together or who can’t get along. Today, divorce is far more common than it used to be and there are a lot more attorneys to help people through the cases and get the outcome that they deserve.
Aside from physical property, three of the most argued issues in divorce cases include child support, spousal support (alimony), and child custody. Fortunately, the family courts in Arizona will get involved in these elements and ensure that the support obligations are fulfilled based on income and other factors. They will also determine legal decision-making and parenting time based on the best interests of the child(ren) in question. The options will include:
- Sole custody
- Joint legal and physical custody
- Primary physical custody to one parent with both parents having legal decision-making power
In the event that a parent has proven to be wholly unfit or has committed any type of abuse or neglect against the child(ren), custody will be awarded to the other parent, and it will be difficult to get the order changed. Otherwise, courts will consider several factors to help them determine a custody plan that is reasonable for everyone involved. Although each parent can argue the court’s decision, it rarely gets changed once it has been determined. That’s why having a dedicated lawyer on your side can make such a big difference.
Contact the Modern Law Team Now
Whether you’re ready for divorce or you’re just starting to check things out and test the waters, the team at Modern Law has all the support and solutions that you need. We have two incredible family law attorneys Tracy A. Wood and Lauren McAlpin practicing exclusively in this area. We also understand that no two divorces (or marriages) are the same. That’s why we’ll take the time to help you come up with a solution that works for you. Call us today at 520-614-5106 and schedule a consultation so you get the outcome you deserve in your Tucson divorce case.
