FAQs
Frequently Asked Questions
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 a legal separation so they can stay on their spouse’s health insurance; however, the firm cannot advise whether or not this will work. You must check with your insurance company.Another difference is that both people must agree to be legally separated, but a divorce can be done if only one of the parties wants a divorce.
You do not “need” a lawyer to file for divorce. Hiring a lawyer will ensure that you are receiving the assets to which you are entitled. Divorce is a very uncertain time and having a professional guide you through that is certainly helpful.This is especially true in cases involving children who are in need of protection from the other parent, or if the other parent is wrongfully withholding the children.
The shortest period of time for a divorce under Arizona law is two (2) months from the date of service of the Petition for Dissolution. After that, the length of any divorce case can vary greatly. The length of time is determined by how much is at issue and the actions of the parties in the litigation.If everyone is able to agree, a divorce can be relatively short. If the parties cannot agree on any issue, the divorce will take longer.
Child support is determined by a formula developed by the state. The formula takes things into account such as, the incomes of the parties, cost of health insurance, cost of childcare, and other extraordinary costs relating to the children. There are some rare cases, the court may deviate child support to a higher or lower amount. It is very rare for the court to do that on its own, but it is common for the parties to agree to a deviation of child support and then the court approves that agreement.
If you miss any hearing, the court could proceed in your absence and decide the case against you. the court could make a determination as to what child support should be without you present. If the other party was the party to file a child support establishment or modification case, then the court would enter the order for the amount the party asked for in their Petition. If it was your Petition, the case would most likely be dismissed. If the hearing was one to enforce child support orders that were already entered against you, an arrest warrant could be issued for your failure to appear.
The only things that can be changed are the things relating to children (legal decision-making, parenting time, and child support), and spousal maintenance (unless it is non-modifiable in the Decree). Other than those things, the terms of a Consent Decree cannot be changed without reopening the entire case. If the Court entered the Decree, there are some actions that can be taken immediately after it is entered, including an appeal. Additionally, you could file a Petition to divide assets or debts that were left out of the Decree.
Arizona does not recognize common law marriage regardless of how long the parties have resided together. The one exception to this rule is that Arizona will recognize a common law marriage that was established in a state that recognizes common law marriage prior to the parties moving to Arizona.
There is no set amount that a person must be behind before a child support arrest warrant is issued. The warrant will be issued if the other party files to enforce the child support arrears, you are served with the order to appear, and you fail to appear for the hearing. Once you are arrested, there will be an amount you have to pay to be released (purge payment).
Yes. Child support is always modifiable so long as there has been a change in circumstances that changes the amount of child support that would be owed. Common changes of circumstances include, changes in Parenting Time, changes in income, changes in costs of health insurance for the child, changes in which parent pays health insurance for the child, and changes in the cost of childcare.
An attorney will guide you through the process and represent you in court. If you do not have an attorney, you will be responsible for filing all pleadings, discovery and disclosure, meeting all deadlines, and representing yourself in court as if you are an attorney. The court will treat you as if you are an attorney, and will not give you any breaks on deadlines, admitting exhibits, or questioning witnesses. Many unrepresented parties struggle simply because they do not know the process or the procedures in court.
The initial cost and the overall cost both depend on the complexity of the case. You will be provided the initial retainer amount in the consultation; however, the extent of the litigation will determine the overall cost and that cannot be known prior to the litigation taking place.
