How It Works: Arizona Divorce Litigation
Every divorce is unique — because your family, situation and judge won’t be the same as your neighbors’, colleagues’ or friends’. A divorce isn’t quick or immediate, either. While these proceedings can take a few months to a year or more to finalize, some proactive preparation on your end can help speed up the process on our end.
Family Law 101
Before you dive in, here are a few legal terms you’ll likely hear often throughout the divorce process.
- Petition for Dissolution: The Petition for Dissolution marks the start of divorce litigation, A.K.A. “filing for divorce.” One party in a marriage files the petition and serves it on the other party.
- Disclosure & Discovery: Disclosure is the affirmative obligation to disclose evidence. Discovery is the obligation to respond to specific requests for information from the other side.
- Marital Community: Governed by statute, the marital community starts on the date of marriage and ends on the date of service of the Petition for Dissolution.
- Property: Any property acquired or debt incurred during the marital community is usually equally divided, as Arizona is one of nine states that follows community property rules.
- Asset Division: If you and your soon-to-be ex-spouse can’t come to an agreement on the division of assets, then the court will make the decision for you. We know how to get the orders you want and obtain agreements that would be upheld by the court.
- Legal Decision-Making Authority & Parenting Time: Formerly child custody, legal decision-making authority determines which parent controls major upbringing decisions, like religion and education. Parenting time determines the amount of time children spend with each parent. Arrangements will vary by family situation.
- Resolution Management Conference: A short, simple hearing that allows the judge to set a schedule to resolve the case.
- Motion for Temporary Orders: A request in which the judge orders where everyone will live, who will pay the bills and, if temporary support is appropriate, who will pay it to whom.
What We Do
No matter your situation, Bonnie has the right resources and legal knowledge to help you navigate the divorce process. Our team is well-versed in handling even the most nuanced, sensitive family issues, and we serve a diverse range of clients from several walks of life. We can provide guidance on:
- Divorce, with or without children
- Legal decision-making authority (custody) and parenting time
- Business valuation and other business issues related to divorce
- Residential and commercial valuation and distribution
- Retirement asset valuation and distribution
- Employer-provided benefits like stock options or other deferred compensation, valuation and distribution
- Investment asset valuation and distribution
- Spousal maintenance; support paid by one party to the other
- Legal decision-making authority and parenting time, establishment and modification
- Pre- and post-nuptial agreements
How We Do It
There are four main ways to resolve a divorce case. First, our team will help you find the right approach for your situation. Then, we’ll guide you through that approach using our legal expertise to yield the ideal outcome. Let’s walk through the several paths you can take.
Litigation
A divorce is litigated (or contested) when the spouses can’t agree on how to resolve certain issues — like child custody or asset division. One party files a petition with the court, the other party files a response, then a judge decides the case outcome for them.
Mediation
Mediation is a voluntary settlement process that gives parties the option to resolve issues on their own, while still receiving unbiased legal assistance when needed. No trial is required here, as the spouses come to agreements independently.
Direct Negotiations
The divorcing parties’ legal counsel will attempt to resolve an issue by communicating positions via oral or written communication. In some cases, the parties and their attorneys will hold a settlement conference to accomplish this.
Arbitration
In arbitration, the parties can hire a neutral attorney to serve as a private judge. Arbitration hearings can typically be accomplished more quickly than a trial through the regular court system.
Why We Do It
Simply put: Bonnie truly cares about her clients and their futures. There is no one-size-fits-all approach to divorce, so she takes the time to understand your needs, wants and circumstances to give you a fresh start sooner. Whether your case goes to court or you need assistance resolving issues independently, Bonnie has your back.
