Flagstaff Divorce Lawyer

Flagstaff Divorce Attorney

Divorces can be significant events that can lead to physical, emotional, and mental stress for all parties involved. It is understandable that spouses want their divorce to be resolved as quickly and efficiently as possible. It is important that the divorce process is done correctly, and it often requires the help of a qualified divorce lawyer. If you are going through a divorce or are expecting to go through a divorce soon, a Flagstaff divorce lawyer could be the solution that you need.

The experienced team at Glazer, Hammond, Ruben & Smets, PLLC, can be a great resource for a divorce. Our compassionate attorneys have 46 years of combined experience, and we can help you find the right solutions for your family. A divorce in Flagstaff can quickly become a complex process, especially if there are large disagreements between spouses, and we can help guide you through it.

Contested Divorce

A contested divorce occurs when both spouses cannot agree on the terms of the divorce. There are essential issues that all divorces must consider, such as parenting and financial issues that must be worked out. If the spouses cannot agree on these elements, then a final divorce agreement cannot be drafted. This is why contested divorces typically take much longer than uncontested divorces to resolve.

Contested divorces can also be more costly with the increased timeline, which will also increase any court and attorney fees associated with the divorce proceeding. Contested divorces often require experienced legal counsel to step in and help mediate between the spouses. If you and your spouse are going through a contested divorce, it is a good idea to engage a divorce attorney. Chances are high that your spouse has legal counsel on their side, and you want to make sure you do, too.

The process of a contested divorce can conclude with a judge ruling if an agreement cannot be made between the spouses. The typical process will include a petition from the divorcing spouse to the court. The court will issue a summons to both spouses to negotiate the terms of the divorce. If the terms cannot be agreed upon, any remaining issues could proceed to trial, during which a judge would issue a final court ruling.

Uncontested Divorce

An uncontested divorce is when both spouses agree to the divorce and to the terms. A divorce agreement can then be drafted and signed. An uncontested divorce often avoids the stress, time, and expenses incurred by a contested divorce. An uncontested divorce can be processed through a summary consent decree under the state of Arizona. To qualify for the summary consent decree process, you need to qualify for three main requirements.

• Agreement on the reason for the divorce. As Arizona is a no-fault divorce state, that means that spouses can simply agree that the marriage is irretrievably broken. To qualify for the summary consent process, both spouses will have to agree that the marriage is broken and cannot be repaired and that there is no reason to go through the conciliation process.
• Agreement on divorce issues. Agreements must be reached regarding issues, such as division of property, child custody, child support, and alimony payments.
• Meet the residency requirement for Arizona. In order to successfully process a divorce in the state of Arizona, either you or your spouse must satisfy the state’s residency requirements. The residency requirement is to have lived in the state for at least 90 days before you file the divorce paperwork.

If you qualify for the summary consent divorce process, then you may be able to jointly file the divorce paperwork and skip many of the steps of a regular divorce. You can also save on costs with a summary consent divorce.

Factors to Consider in a Divorce

There are several serious factors to be considered in a divorce proceeding. Divorces can cause major disruptions in people’s lives, and they can have lasting effects. It is important to understand the different topics that could be affected by divorce so you can work towards the right resolutions for your family.

Child Custody

Child custody is a major issue that will be discussed during the divorce proceeding. Any parent can understand the difficulty in potentially giving up custody of their child. It is important to understand that if left up to the court, a judge will always rule in favor of what is in the best interest of the child. It is possible for the spouses to have joint custody or for one spouse to have sole custody of the child.

Under a joint custody agreement, both spouses have the right to make major life decisions on behalf of the child. Important things to consider when negotiating child custody are the needs of the child, the parent’s access to the child, the ability of the parents to make current and future decisions regarding the child, and the child’s well-being.

Important tips for being awarded child custody in an Arizona divorce include:

• Cooperating with your spouse. During the divorce proceeding, it is critical that you demonstrate an ability to cooperate and work with your spouse. Displaying deep animosity or resentment can look unfavorable in the eyes of a judge, and it can affect your ability to be awarded custody.
• Maintain your parenting responsibilities. It is understandable that a divorce proceeding can take over much of your life. However, it is important that you maintain your responsibilities to your child.
• Create a parenting plan. Creating a parenting plan can go a long way toward child custody. A parenting plan can be a thoughtful way of ensuring that all of the child’s needs will be met. It often requires the cooperation of both parents, and it demonstrates good parenting skills on behalf of both parents.

It should be noted that if you have been convicted of any crimes, it is important to disclose them to your attorney. This could affect your divorce settlement and your child custody agreement.

Alimony

Alimony, also known as spousal support, is another serious factor that will need to be worked out during the divorce process. Spousal support is used to help ensure that both spouses can maintain their standard of living. Spouses can draw up their own spousal support agreement or they can utilize legal counsel to help negotiate the agreement. Spousal support can be either permanent or temporary.

During a divorce proceeding, the court will generally award alimony payments to a spouse if they:

• Do not have sufficient property, even after the community property has been distributed.
• Are unable or significantly struggle to obtain employment. This could be due to either the need to take care of a child or because they were removed from the labor market for so long.
• Contributed to the earning capacity of the other spouse by financially contributing to their education or training.
• Have put aside their own career opportunities or income possibilities to the benefit of the spouse.

Calculating Arizona Spousal Support

Under Arizona state law, there are generally four main components that contribute to the calculation of spousal support.

• Annual income. Annual income can include the total combined income of both spouses.
• Size of the family. The size of the family can include the spouses and any children that one of the spouses has a legal obligation to. Stepchildren, disabled family members, and parents are typically not included.
• Monthly mortgage principal. The mortgage principal applies to the family or marital residence, and it is averaged over the most recent twelve months.
• Expenses. Spousal support will consider an approximated average of costs for a single adult and half of the family’s expenses.

Property Division

Property division is another important factor to understand in a divorce proceeding. The first step is for both spouses to take an inventory of the assets and liabilities and determine how they should be classified. Property can be classified as either community property, separate property, or commingled property under Arizona state law.

• Community property. Community property is all property that was acquired while the spouses were married and were living in a community property state. This property will be divided equitably among spouses post-divorce.
• Separate property. Separate property is property that was acquired before the marriage or property that was received during the marriage by gift or descent. Separate property is not divided during divorce proceedings.
• Commingled property. Commingled property is property that was once separate property but is now considered community property. A good example of this is a spouse’s bank account that was their own before they got married.

Once they were married, they moved their funds into a joint bank account. These assets are now considered community property and are, therefore, commingled.

FAQs

Q: How Much Does a Divorce Lawyer Cost in Arizona?

A: A divorce lawyer in Arizona can cost anywhere from $200 to $500 dollars per hour. There are several factors that can influence the cost of a divorce lawyer. One factor is the complexity of the divorce. If a divorce is complex and has multiple aspects that must be addressed, it can lead to a great number of hours worked by the attorney.

Another factor that will influence the cost of an attorney is the attorney’s fee structure. Some attorneys charge an hourly fee, and some charge a flat fee.

Q: Do I Need a Divorce Lawyer in Arizona?

A: If you are going through a divorce or are expecting to go through a divorce in the near future, you may need an Arizona divorce lawyer. A divorce lawyer can help review your situation and provide the necessary legal advice that you need. A divorce can come with many legal documents and deadlines that must be met.

An attorney can help give you peace of mind in knowing that you are prepared for the legal process of divorce. Engage a divorce attorney today to have your situation reviewed.

Q: How Much Is an Uncontested Divorce in Arizona?

A: An uncontested divorce in Arizona can cost roughly $600 to $700, not including any related attorney fees. The fees can range by county, but there is generally a $300-$400 filing fee issued by the county court. Other fees can include documentation fees and the aforementioned attorney fees.

Unlike a contested divorce, uncontested divorces are generally smoother and require less engagement from an attorney. Uncontested divorces can be resolved quicker and typically just cost the associated filing and documentation fees issued by the court.

Q: Is Arizona a 50-50 State in a Divorce?

A: Arizona is considered a 50-50 state when it comes to divorce, and is recognized as a community property state. Being a 50-50 state means that a couple’s assets will be split 50-50 or equally in most divorces. Typically, it is only community property assets that are split between spouses.

Community property includes assets and liabilities that the spouses acquired while they were married. This can include homes, cars, jewelry, and investments. It is important to understand that an equitable division of assets is not always an equal division.

Attorneys That You Can Trust

A divorce can be a life-changing process for all parties involved. Divorce can impact child custody, property distribution, alimony, and living arrangements. The divorce process can be long and painful in some situations. With the help of a qualified and experienced divorce lawyer, the divorce process can be improved. A skilled Flagstaff family lawyer can help assess your situation, negotiate on your behalf, represent your interests in court, and file paperwork.

At Glazer, Hammond, Ruben & Smets, PLLC, our legal team understands how to successfully navigate the Arizona legal system to assist divorcing spouses. We understand that divorce can be a sensitive time, and it can lead to great mental and emotional stress for all parties involved. Put our qualified experience to use and allow us to help take the legal burden off your shoulders. Contact our office today to see how our legal team can help you in your situation.