It is understandable that you’ll want a quick divorce so that you can move forward. However, it is important to take proper steps to protect your rights as you navigate the sometimes complex legal and financial questions that divorce can raise. Speak to Schneider & Onofry, P.C., Attorneys at Law today at 928-257-4887. Our qualified divorce lawyers in Yuma, Arizona offer compassionate and caring counsel to assist you during this challenging time. You are not alone.
According to Arizona law, in order to file for divorce in the Arizona, you or your partner must have been a resident of the state for at least 90 days. Under divorce law, you or your spouse will need to show that the marriage is “irretrievably broken.”
While it is possible to represent yourself during your divorce, it is important to understand the consequences of choosing to represent yourself. For example, according to Arizona law , you are required to abide by all laws and by the Arizona Rules of Family Law procedure during your divorce, whether or not you are an attorney. So, whether you have an attorney or choose to represent yourself, the courts will treat you the same.
It is important to understand your rights and benefits as you go through the divorce process. Some individuals may give up certain rights and benefits without realizing that they are doing so. For example, if your divorce ends up going to trial, you will be required to follow proper court procedure. Failing to do so could result in you losing the ability to present certain kinds of evidence or call witnesses. A divorce lawyer in Yuma, Arizona like Schneider & Onofry, P.C., Attorneys at Law can help you understand your rights and responsibilities under the law.
So, what are the steps for getting divorced in Yuma, Arizona? In order to get divorced, you’ll need to:
- File a Petition for Dissolution of Marriage
- Ensure divorce papers are served
- If no timely response is filed, file for default or
- Both parties can attempt to agree on Consent Decree of Dissolution of Marriage or have a mediation in an attempt to agree to the terms of the divorce
- If both parties don’t agree about child custody, spousal support , or division of property, the case may be taken to trial
Each of these steps is highly simplified here. For example, in the Decree for the Dissolution of Marriage, you and your ex will need to agree to end the marriage, make decisions about child custody and parenting time, determine whether spousal support will be paid, divide marital property, divide debts, and decide on how attorney’s fees will be paid. In some cases, individuals can often resolve these issues with the help of a qualified divorce lawyer in Yuma, Arizona like Schneider & Onofry, P.C., Attorneys at Law. However, in some cases, disputes arise. It helps to have a lawyer fighting on your side to help you resolve these concerns in a timely manner.
Divorce can be one of the most challenging times your family may face. Every family responds to the divorce process differently. Each case is unique. However, there are some areas that often prove to be pressure points for most divorcing couples. Here are some to consider taking to your divorce lawyers at Schneider & Onofry, P.C., Attorneys at Law:
- Parenting Plan & Child Custody:
If you have children, one of the most emotionally wrenching aspects of your divorce will involve child custody (properly known in Arizona as joint legal decision-making) and parenting time. You and your ex will be required to submit a parenting plan to the court during your divorce. The plan should cover custody, visitation, how holidays will be spent, how vacations will be split, and how decisions about the child’s schooling, medical needs, and religious and extracurricular activities will be handled. If parents disagree about key issues, having a qualified divorce lawyer on your side to help you resolve these issues outside of court is incredibly important. Sometimes families that leave these decisions to a judge find that the judge makes a decision that satisfies neither party. If you are facing challenges with your parenting plan or child custody, speak to Schneider & Onofry, P.C., Attorneys at Law.
- Spousal Maintenance (formerly called alimony).
Spousal maintenance has evolved over the years and depending on the factors unique to each marriage, a spouse may or may not be entitled to it. In some cases, one partner takes time away from work to care for the children or puts a career on hold to support the other partner. If this is the case, then one partner may be entitled to spousal maintenance for a limited time for work re-training or other support. In other cases where the parties have been married for more than 20 years and the wife has never steadily worked outside of the home, spousal maintenance is designed to help ensure that one spouse has resources and enjoys a standard of life similar to that enjoyed during the marriage.
- Division of Property and Debts.
During your divorce, you will have to make decisions about how marital property and debts are divided. Certain assets are worth more than others, and some assets are subject to taxation, so it is important to consult with a divorce lawyer who understands how to help you get an equitable resolution that is fair to both parties.
Divorce is a complex legal process and can involve two individuals’ emotions. This is why it is important to have the divorce lawyers at Schneider & Onofry, P.C., Attorneys at Law in Yuma, Arizona, on your side. Our firm will work closely with you and ask the tough questions so that no detail is missed during this process. While we will work to help you and your ex come to a resolution without having to go to court, we are prepared to fight for your rights should your divorce need to go to trial.