Scottsdale Divorce Process
The divorce process is undoubtedly one of the most stressful times during a person’s life. While explanations of the process are available online, the information can be almost overwhelming, and most people need the help of a professional to navigate the system and to be fully protected.
The Scottsdale divorce process entails going through disclosures and discovery to openly discuss both parties’ assets and financial circumstances. You can also request a parenting conference with an officer of the court to get agreements on certain custody issues. However, it can be difficult to handle a divorce case and present your positions without the assistance of a dedicated attorney.
Length of a Marriage Dissolution
Usually, the first court appearance is a resolution management conference where an RMC statements must be filed by both parties. The resolution management conference is “non-evidentiary,” which means the judge won’t be making any rulings. Instead, they are looking to find agreement and set a path forward for resolution. If you need a decision to be made on temporary issues like child support, payment of community expenses, or spousal maintenance, you can also file a motion for temporary orders after a petition has been filed.
Regardless of whether your divorce is contested or completely amicable, there is a 60-day mandatory waiting period starting from when the divorce was first served on the responding party. The minimum period of time for your divorce will be 60 days, the maximum could be more than a year and how quickly the Scottsdale divorce courts work to finish a case depends on the attorneys, the judge, and how prepared the case is to move forward.
The Scottsdale divorce process can take more than a year, depending on the complexity of a given case, the court schedules, and the contested issues. Eventually, you will have to attend a final hearing, which will resolve the remaining issues. Then, the court will enter a divorce decree.
Factors That Can Complicate a Divorce
There are many factors that can extend the dissolution process in Scottsdale or make a divorce more complicated than usual. If a person does not have access to the information they need in terms of financial information or other types of information and the discovery/disclosure process isn’t properly followed, the divorce can be delayed. Depending on the complexity of the issues and the amount of money at stake, a spouse may choose to issue subpoenas or take a deposition. These are valuable tools that may well be worthwhile in your case.
The more contested issues a divorcing couple has, the more difficult it is to dissolve their marriage. For example, if there is a question about whether one party will be awarded spousal maintenance, state law mandates the courts to make certain findings regarding the eligibility of a spouse under the statute. If the judge finds someone is eligible, then additional findings must be made based on a variety of factors for how much and how long spousal maintenance should be and should last.
Additionally, certain financial, custodial, or occupational circumstances may require testimony from an expert. If there is an allegation that a spouse is underemployed or should be employed, you may need to have an expert witness offer their evaluation of their economic status and earning ability. Collecting affidavits and written testimonies from experts can be made easier with the help of our well-versed and experienced legal team.
The role of meditation in the Scottsdale divorce process is to give both parties an opportunity to participate in alternative dispute resolution, reduce costs, and maintain control over outcomes by reaching an agreement. You can request free mediation through the court or hire a private mediator for more control and flexibility.
A mediator can help divorcing spouses resolve their marital issues outside of court. Very few divorce cases actually go to a full trial in front of a judge because most couples are able to reach an agreement through mediation.
Arbitration is when an individual agrees to let a third-party act as a private judge to resolve their contested issues. For instance, you could have a family practitioner serve as an arbitrator to resolve your marital disputes.
This option is generally quicker than waiting for trial with an assigned judge. Arbitrators are typically very experienced and available to resolve disputes and provide thorough rulings. They also usually try to reach agreements and only decide issues which cannot be agreed upon. The process is less formal than court, faster, and generally preferable. The cost benefit analysis should be done with you and your attorney before you decide whether to arbitrate a case.
You have many options in representation and should choose the option that best meets your needs and budget. We offer certified legal document preparers, limited scope assistance and complete representation. We would be happy to give you more information about the Scottsdale divorce process, so call our firm today.