Fortuna Foothills Arizona divorce attorneys are instrumental in smooth life transitions after failed marriages.
Divorce actions are stressful and time consuming, causing emotional and financial turmoil that may require professional support from divorce lawyers. In most states, a person can file for divorce if they meet the basic state requirements after a marriage is deemed permanently broken. Fortuna Foothills Arizona divorce lawyers can guide parties through the distribution of assets, child support and custody, and provide straightforward document preparation and court filings that minimize attorneys’ fees, and address instances where costs of a divorce can be a hurdle to moving forward for both parties.
Divorce actions are based on individual circumstances and require Fortuna Foothills family lawyers versed in state laws relevant to each important facet of the divorce process for a positive outcome addressing finances, real property, and children.
Arizona state requirements.
Fortuna Foothills AZ Divorce attorneys can explain Arizona laws regarding residency requirements, grounds for filing, parties, property distribution, child custody, child support, and mediation requirements.
Residency. In Arizona, one of the parties must have lived in the state at the time the court action began, and if a party to the divorce is a member of the military they must have maintained military presence for ninety days domiciled in state prior to the petition for dissolution of the marriage.
Grounds for Filing. There are Fault and No-Fault grounds for filing for a divorce in Fortuna Foothills AZ, and both parties must agree to them. The marriage must be irretrievably broken. If a Covenant marriage, the respondent party must have:
- committed adultery;
- committed a felony and has been sentenced to death or life imprisonment in a federal, state, county or municipal correctional facility;
- abandoned the marital home for at least one year;
- sexually or physically abused the spouse, a child, or a relative living in the marital home;
- been living separately and apart for two years;
- been living separately and apart for one year following the legal separation agreement;
- habitually abused drugs and/or alcohol; and
- both parties are in agreement with the divorce.
Parties. The Petitioner is the person filing the divorce action, and the Respondent is the other spouse.
Property Distribution. Arizona is a community property state which means that property is divided equally between the two parties, unless there is an agreement between the two that states otherwise. Community property includes homes, cars, furniture, wedding gifts, wages of one, or both parties, depending on who is working, and any interest, or ownership from business ventures/investments. The debts associated with the items owned by the couple is also divided equally. The court may assign certain debt responsibility to one, or the other spouse. Fortuna Foothills Arizona Custody attorneys can guide divorcing parties on the importance of property distribution that will maintain housing stability for children.
Child Custody in Fortuna Foothills AZ. When minor children are involved in the divorce process, action is required to establish who the child will live with, or if the child’s time will be shared among both parents. Schedules and rules will be outlined and agreed upon regarding the custody of the minor children to the marriage. Fortuna Foothills AZ Family attorneys are experienced with various scenarios that must be considered to maintain stability for children, during and after divorce.
- Child custody attorneys in Fortuna Foothills AZ can assist with child custody and support filing distinctions when children are involved, including child support information sheets; support income affidavits; child support forms; and a child support guideline notice of compliance. There may be instances where a family law judge will require divorcing parents to take parenting classes. Legal battles involving custody are best addressed with experienced Fortuna Foothills child custody lawyers, as the outcomes can be devastating to both parents and children.
- Physical custody. Custody that is in the best interests of the child, considering a multitude of factors such as age, parental preference, mental and physical health of parents, child’s community, school, and home environment; parental history of violence; relationship with child and moral standing. Fortuna Foothills Custody lawyers’ expertise is a vital element of successful custody outcomes for divorcing parties.
Family lawyers in Fortuna Foothills work with parents to complete Arizona child support guidelines documents, based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. All income is typically verified by examining past W-2’s. The amount of funding that is required to maintain a healthy standard of living for the minor children to the divorce action is the hopeful outcome to cover expenses incurred for raising a minor child to the age of majority.
Special circumstances. In special circumstances support will continue, such as disability that was present before the divorce action. If the minor child will not graduate from high school during their 18th year of life, support will continue until they have completed high school and only until the child reaches their 19th birthday. Child support past the age of majority could continue per a separate agreement between parents, but is not required by the state law.
Mediation Requirements. Counseling and mediation are remedies when one of the two parties deny that the marriage is irretrievably broken, or the courts find reason to believe that the marriage is not broken, and the reasons need to be reviewed.
Hire a lawyer in Fortuna Foothills Arizona.
Divorce is one of the most stressful life events according to the Holmes and Rahe stress inventory scale. A Fortuna Foothills family law lawyer can provide legal solutions that may anchor divorcing individuals as they adjust to changes that divorce and child separations may cause, including harmful impacts to finances that may involve losing a family home, and emotional matters involving children. Divorcing parties should contact the law office of Schneider & Onofry, P.C. for an initial consultation to navigate their way through the divorce process.
Schneider & Onofry, P.C.
Attorneys at Law
365 E Coronado Road
Phoenix, Arizona 85004
207 W. 2nd Street
Yuma, Arizona 85364
Arizona Statutes – Title 12 – Chapters: 401 and Title 25 – Chapters: 312, 329