fbpx
logo
Call Us : 623.551.5457
Menu ▼▲
  • Home
  • Firm Overview
    • Testimonials
  • Attorneys
    • Sam Crump
    • Nichole Oblinger
  • Practice Areas
    • Bankruptcy
      • Chapter 7
      • Chapter 13
      • Short Sales
      • Foreclosures
    • Business & Corporate Law
      • Disputes
      • Corporate Counseling
      • Business Formation
      • Contract Law
      • E-Commerce Law
      • Franchises
    • Civil Litigation
    • Family Law
      • Divorce
      • Child Support
      • Child Custody
      • Marriage
    • Real Estate Law
    • Probate & Estate
    • Personal Injury
    • Construction Law
    • Insurance Defense
  • Resources
    • Articles
    • Blog
    • FAQs
      • Family Law
      • Search and Seizure
      • Foreclosure
      • Drunk Driving, DUI & DWI
      • Divorce Meditation
      • Arrests and Interrogations
      • Alimony
  • Contact

What You Need to Know About Divorce

What is Dissolution?

When one or both married persons want to end their marriage they need to begin the process of dissolution. This involves filing documents with the court to address details of their finances, children, and other obligations.  In Arizona, there is only one kind of dissolution/divorce – a no-fault divorce.  In a no-fault divorce, the person filing for divorce does not need to allege fault or wrongdoing on the part of the other spouse in order to obtain a divorce.

How Does the Process Start?

To begin the process of dissolution in Arizona, one of the parties must have been a resident of this state for at least 90 days. One of the parties may initiate the process by filing a “Petition” with the court and serving the documents on the other party. The other party has 20 days to file a response. If he/she fails to do so, the relief requested by the petitioner may be granted by the court.

What Happens Next?

If the responding party fails to respond, you must wait at least 60 days before seeking a default from the court. If a response is filed, the court encourages the parties to work together to resolve issues. If this happens, then the process will proceed to a Consent Decree of Dissolution, which is the court order with which each party must comply. If the parties do not work together and are unable to agree on various matters, there will be hearings and possibly a trial where the court will have to make decisions for you. Obviously, that process will take longer and be more expensive.

Key Issues to Be Decided.

There are essentially five major issues to be decided:

1. Division of the assets and debts of the marriage.

2. Parenting time arrangements when minor children are involved.

3. Child support, if minor children are involved.

4. Spousal maintenance (aka “alimony”), if any.

5. Decision-making authority (regarding religion, education, etc.)

What About Immediate Issues?

After the initial petition is filed the court will issue a preliminary injunction that prohibits either party from harassing the other; prohibits any community property from being sold; requires insurance coverage be maintained; and prohibits children from being removed from out of state. Beyond that either party may ask the court for “temporary orders” for matters such as child support, spousal maintenance, parenting time, attorney fees, and other matters while the dissolution is proceeding. Again, the more the parties can voluntarily reach agreement on these matters, the faster and less expensive the process will be.

Domestic Violence.

A party who has been threatened with, or suffered, domestic violence may seek an “order of protection” for themselves or their children.

 

 

 

Please call our family law attorney, Nichole Oblinger, if you have additional questions or would like to discuss moving forward with a dissolution.  Nichole can be reached at 623-551-5457 or by email at Nichole@anthemlaw.com

  • Recent Articles

    • Buying a Business: What You need to know?

    • Probate & Estate Administration

    • Most Recent Child Support Calculator (2018-2019)

    • RESPA

    • Bankruptcy Basics

    • Copyright 101

    • Tips for Co-Parenting During the Holidays

    • New Year’s Resolutions for your Small Business

    • Divorce Mediation FAQ

    • The Death Tax – What Effect Will the Election Have?

  • Testimonials

    • Testimonial #1: "We have been using Anthem Law's services for many years. They have helped us purchase a company, create a living trust and create legal documents. Anthem Law has been a great resource for our legal needs and we will continue to use them in the future."

      Steve Cahow, Netech Global, LLC
    • Testimonial #2: "I highly recommend Anthem Law."

      Brack J
    • Testimonial #3: "Anthem Law has excellent attorneys. They're trustworthy, always reliable, and provide very enlightened and informative advice."

      Josh Dolin, Tempo Creative
    • Testimonial #4: "Anthem Law helped me through a difficult contract negotiation for my business. Their attention to detail was extremely important. It allowed me to make the correct decisions throughout the entire process. I have used them for various legal needs and found them to be thorough and professional."

      Tim Maki, Insurance Agent
    • Testimonial #5: "I am sincerely thankful, and grateful, for the guidance and support I received from Anthem Law as I went through the emotional stress and pain that comes with going through a divorce. They were so genuine and kind; their advice was both realistic and reassuring- a comfort when I thought I couldn't make it through this situation."

      Tammy H.
    • Testimonial #6: "I engaged the services of Anthem Law when my wife and I separated and filed for divorce. The firm handled the case with true professionalism and empathy for my situation. My wife and I reconciled; a result the attorneys were pleased to hear. Two years later my wife and I have again filed for divorce. I again engaged Anthem Law and have again experienced the professionalism and empathy of the firm. I would highly recommend Anthem Law for your legal needs."

      Donald H.
    • Testimonial #7: "Sam Crump is more than just our family's attorney, he is a trusted business advisor and friend. I could not recommend someone more than I do Sam."

      Mike O’Shaughnessy, Pres. – Guardian Pro
  • Contact Us

    Anthem Law

    42104 N. Venture Drive, Suite D126
    Anthem, Arizona 85086

    Phone: 623-551-5457
    Facsimile: 623-551-5458

Get Social
  • Home
  • Firm Overview
  • Attorneys
  • Practice Areas
  • Articles
  • Contact Us
Copyright © 2019 Anthem Law