Scottsdale Family Law
Scottsdale Family Lawyer
No one ever plans on needing a divorce lawyer. Unfortunately, that’s the thing about life—you can’t “plan” anything. Sometimes, marital problems become too much and it becomes clear that the best answer is to separate. Couples who have realized that they’re better off apart are already in a difficult place. Telling friends, coworkers, and especially family members, that the marriage is over is no easy feat.
And then there’s the divorce itself—that can get quite messy, even when the situation might seem amicable at first. This is a big life change that can affect people in all kinds of ways, anger, shock, and grief are all common emotions and they can be difficult to handle for some. Fortunately, when you have a Scottsdale divorce lawyer on your side, the legal process won’t be a huge source of stress.
It doesn’t matter who “decided” or filed first, either. Whether you’ve agreed to this or you were blindly served with divorce papers you weren’t expecting, a divorce lawyer will be able to help. Having the representation and expertise of a dedicated lawyer that specializes in divorce and marital law issues will make the entire process smoother and ensure that the outcome is fair for both parties.
What Can a Divorce Lawyer Help With?
Your Scottsdale divorce lawyer can help with every single step of the process. From the first consultation where they can learn about your case and help you with the details to the follow-through after the divorce has been granted by the courts. They know the law and they have been involved in several different divorce and dissolution cases over the years. There’s really nothing that they can’t do.
A divorce lawyer can explain exactly what is going to happen so that you have a better idea of what to expect. They will also come up with the best strategy to get the outcome you desire, whether that includes mediation, a hearing in front of a judge, or any other process. They will represent you throughout the divorce proceedings, often speaking on your behalf to the courts to ensure that the case is settled fairly for both parties.
Is Divorce the Only Option?
Arizona has another option for couples who might want to split up, but aren’t quite ready for that “D” word: legal separation. A Scottsdale divorce lawyer can help you file for legal separation, meaning that couples remain married but they separate their lives. This can be used as a way to assist with reconciliation and problem solving or it can be a first step to divorce.
In the event that a reconciliation happens, legal separations are easy to terminate. With a dedicated divorce lawyer in Scottsdale, you’ll be comfortable knowing that you have plenty of options and understand them all so that you can make the right decision in your divorce case.
Understanding Community Property in Arizona
Your Scottsdale divorce lawyer will help you better understand how property division works in the state of Arizona. Known as a community property state, Arizona courts will typically attempt to divide assets fairly so that it’s as close to 50/50 as possible. According to the state of Arizona, it’s not just the house and car, either. Community property includes:
- Real estate or land investments
- Retirement accounts and pensions
- IRAs and other investments
- Businesses and business assets
- Any real property that has significant value (boats, cars, ATVs, furniture, art, jewelry, etc.)
- Debts created during the union
Depending on the situation, other property may be added to this list and divided evenly by the courts. It’s important to know ahead of time what you have that will be considered community property and what will be considered your individual property when you get divorced in Scottsdale. With a divorce lawyer on your side, you’ll have a better chance at getting the property division you desire, whether that’s 50/50 or not.
What About Spousal Support and Custody Issues?
Alimony and child custody issues cannot be covered by prenups or postnuptial agreements. They have to be discussed separately during the divorce process, as they have their own process in the family courts of Arizona. Spousal support, another name for alimony, can be awarded to either spouse if it can be proven that it is a necessary request. Of course, the court will weigh several factors before determining whether it is actually “necessary” for one spouse to pay alimony.
Child support guidelines have been established by the Supreme Court of Arizona and your Scottsdale divorce lawyer will be able to walk you through them so that you know what to expect. If couples can agree on a child support amount (or to no child support at all), the judge might be willing to consider it. It’s helpful to have a lawyer so that you know how to get the best outcome for yourself and more importantly, for your children.
Speaking of children, custody is another issue that’s involved with divorce. Family courts will typically consider the circumstances of the divorce and how those affect the children, as well as what will be in the best interests of the child(ren). As with everything, courts prefer if you can agree to co-parent and divide the time equally, but things like school, employment, and other logistics can make that a difficult reality.
Your lawyer will help you decide whether to file for joint legal and physical custody, sole custody, or primary physical custody with co-parent decision making. The court will then take the time to review the case and determine which arrangement will be best for the child(ren) based on the information provided. In some instances, the judge may even ask the children, if they are old enough to speak on their own behalf, who they would prefer to live with or if they have any concerns about the custody arrangement they wish to discuss.
Contact a Scottsdale Divorce Lawyer Now
The team at Modern Law is ready to help you through any kind of divorce case. We know the laws in Arizona and we have plenty of experience working with the courts, so give us a call or come down to our office to discuss your divorce case:
8707 Vista Bonita, Suite 155
8707 E Vista Bonita Drive, Suite 155 Scottsdale, AZ 85255