No one wants a divorce. They are invariably emotionally draining affairs. Divorces invite the courts into the most private areas of people’s lives. What was once a private, intimate moment could become a topic of conversation and contention before judges and lawyers. If you are lucky, you might be able to experience a relatively amicable split, like Chris Pratt and Anna Faris. If not, then you may be in for an emotional rollercoaster. To ensure that you achieve justice for yourself, you should seek expert counsel. Keep reading to learn more about the process of filing for a divorce in Arizona and what you can expect as your case moves through the system.
Filing for Divorce in Arizona
Arizona is a “no-fault” state. This means that it only requires one partner to claim that the marriage cannot be salvaged in order to begin proceedings. In order to begin the process, one party would need to file a Petition for Dissolution of Marriage. If both parties are interested in concluding their proceedings as quickly as possible and do not have lingering disagreements, then they can avoid a divorce trial by both signing a “consent decree.” This is a legally binding document that outlines the terms of the divorce in question. However, not every divorce ends in a consent decree. That is because these decrees require both parties to agree on highly emotional topics like:
Division of property and assets
If couples are unable to agree on any of these topics, then further court proceedings, including a trial, are likely inevitable. If you believe your divorce will require significant court intervention, then hiring an experienced lawyer is essential.
How Courts Decide Who Gets What
When divorces move through the legal system, judges will often rule on sensitive topics such as which partner will be required to pay spousal or child support. To answer these questions, judges must consider a number of topics:
Does one partner earn dramatically more money than the other?
Will the lifestyle of one partner be adversely affected in a dramatic way as a result of a divorce?
Should both parents be required to pay for the necessities of their children?
In answering these questions, judges are not interested in bankrupting either party. They are interested in ensuring that the needs of all individuals affected by the divorce will be provided for. So, if one partner is a doctor earning $200,000 each year while the other is a homemaker, then courts are likely to expect the former to provide some type of financial support to the latter. If at some point in the future, the financial conditions of either partner change dramatically, then courts are able to modify these arrangements. However, it is important to remember that these payments must be made until a court decides they are no longer necessary.
Finding the Right Law Firm
If you expect to enter into divorce proceedings, then the single best thing you can do for yourself is to hire a dedicated divorce lawyer. Whatever decisions a court makes in these cases are likely to affect you financially for years to come. Leaving those outcomes to chance is not an acceptable choice. Contact the Delgado Law Firm today to learn more about how we can help ensure that you secure justice in the legal system.