FAQs About Divorce
Contemplating divorce can be daunting. I strive to minimize your stress and address your concerns, whenever possible.
I see a number of client questions that are commonly asked. Here are just a few divorce FAQs:
How long does the divorce process take?
The answer is that it really depends on a number of factors. However, here are some general guidelines. An uncontested divorce (everything is agreed upon) is usually the quickest. At a minimum, that will take 60 days since there is a waiting period in Arizona. If it is a contested divorce, the typical timeframe is usually six months to a year, depending on the court’s calendar.
Is Arizona a 50-50 state when it comes to custody?
In this state, most judges tend to award joint decision-making and equal parenting time if it is logistically possible to do so and makes sense under the circumstances. There are circumstances where it isn’t awarded and doesn’t make sense to award 50-50. Some of these circumstances may be domestic violence, substance abuse of one of the parents, mental health concerns, special needs of the children or location of residence of the parents.
How is the court going to divide the property?
Arizona is a community property state and the law requires that marital property be divided equitably. At Ashley Donovan Law, PLLC, I can assist clients with determining what is community property and what is separate property. I can also help clients work through what equitable division might look like.
How is child support calculated?
There is a specific formula for determining child support. Usually, the numbers used are fairly straightforward. However, sometimes a determination of income is more challenging for certain individuals, such as those who own a business or are self-employed.
How is spousal maintenance calculated?
Unlike child support, there is no formula for spousal maintenance. Spousal maintenance is largely dependent on a number of factors. Since it is so fact dependent, the amount of spousal maintenance varies largely on a case-by-case basis. Getting the input of a family law lawyer can be very helpful in understanding this issue.
Arizona is developing a spousal maintenance calculator that should be available by the end of 2023.
Do I need an attorney?
This is entirely up to you. If you are able to hire an attorney, even on a limited basis, you will benefit from understanding what your legal rights are as well as possible outcomes. An attorney can help you avoid issues that may arise in the future if something isn’t handled appropriately now. I offer free initial consultations and this may be helpful to learn about how an attorney can benefit you and your case.
Contact Me For A Free Initial Consultation
If you have a question, feel free to contact my firm so I can answer it or point you in the right direction in your family law matter. Call 480-900-5334 to reach me in my Tempe office. I represent clients throughout the Phoenix metro area.