Question 1

What is the difference between divorce and legal separation?

Accepted Answer

As a practical matter, not much. The main difference is that people who are legally separated are still legally married, while a divorce completely terminates the marriage. Some people pursue legal separation to stay on a spouse's health insurance — check with your insurance company. Another difference: both spouses must agree to a legal separation, but a divorce can proceed even if only one party wants it.

Question 2

Do I need a lawyer to file for divorce in Arizona?

Accepted Answer

You do not 'need' a lawyer to file for divorce, but hiring one ensures you receive the assets to which you are entitled. Divorce is uncertain, and having a professional guide you is helpful — especially in cases involving children who need protection or where the other parent is wrongfully withholding them.

Question 3

How long will it take for my divorce to be finalized?

Accepted Answer

The shortest period is two months from the date of service of the Petition for Dissolution. After that, length varies greatly based on how much is at issue and the actions of the parties. Agreement makes things short; disagreement makes things longer.

Question 4

How does a court determine child support?

Accepted Answer

Child support is determined by a state formula that considers both parties' incomes, the cost of health insurance, the cost of childcare, and other extraordinary costs relating to the children. In rare cases, the court may deviate; more commonly, the parties agree to a deviation that the court approves.

Question 5

What happens if you miss a child support hearing?

Accepted Answer

The court may proceed in your absence. If the other party filed, the court could enter the order they requested. If you filed, the case will likely be dismissed. If the hearing was to enforce existing orders, an arrest warrant could be issued for your failure to appear.

Question 6

Once divorce papers are signed, can they be changed?

Accepted Answer

Only items relating to children (legal decision-making, parenting time, child support) and spousal maintenance (unless non-modifiable) can be changed. Other Consent Decree terms cannot be changed without reopening the entire case. Recently entered Decrees may also be subject to appeal or motions to address omitted assets.

Question 7

What are the laws for common law marriage in Arizona?

Accepted Answer

Arizona does not recognize common law marriage regardless of how long the parties have resided together. The one exception: Arizona will recognize a common law marriage that was lawfully established in another state that recognizes common law marriage prior to the parties moving here.

Question 8

How far behind in child support can someone be before going to jail?

Accepted Answer

There is no set amount. A warrant is issued when the other party files to enforce arrears, you're served with an order to appear, and you fail to appear. Once arrested, there will be a purge payment required to be released.

Question 9

If a child support case is closed, can it be reopened?

Accepted Answer

Yes. Child support is always modifiable when there has been a change in circumstances — including changes in parenting time, income, health insurance costs, who pays health insurance, or childcare costs.

Question 10

Why do I need an attorney?

Accepted Answer

An attorney guides you through the process and represents you in court. Without one, you're responsible for all pleadings, discovery, deadlines, and courtroom procedure as if you were an attorney — and the court will treat you that way. Many self-represented parties struggle simply because they don't know the procedures.

Question 11

How much will it cost to get started?

Accepted Answer

Initial and overall cost depend on the complexity of the case. You'll be provided the initial retainer amount at your consultation; the overall cost depends on how much litigation is needed.

Answers to Common Family Law Matters

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