Are you considering or going through a divorce in Scottsdale, Arizona, and wondering how it could affect your family, finances, and future? You deserve clear answers and strong support as you move forward with this new chapter in your life.
At Mushkatel, Gobbato & Kile, P.L.L.C., we have more than 50 years of combined legal experience helping clients throughout Arizona with divorce and other family law matters. Whether you need assistance negotiating a fair property division, creating a workable parenting plan, or understanding your rights regarding spousal maintenance, our team is here for you.
Don’t let uncertainty shape your decisions. Contact Mushkatel, Gobbato & Kile, P.L.L.C., today to arrange your initial consultation and take the first step toward resolving your divorce with clarity and confidence.
What Is a Divorce?
Divorce is a legal process that ends a marriage. In Arizona, the process involves filing a petition with the court, resolving issues such as property division, child custody, and support, and obtaining a final divorce decree. If the marriage is a covenant marriage, stricter requirements apply, and the petitioning spouse must meet specific legal grounds to file for divorce. Divorce legally ends the marital relationship and allows both individuals to move forward separately and remarry.
Are There Certain Requirements for Filing for Divorce in Scottsdale?
Yes. At least one spouse must have lived in the state for a minimum of 90 days to file for divorce in Scottsdale, Arizona. The purpose of this residency requirement is to ensure the Arizona court system has jurisdiction over the case. If children are involved, Arizona must also be the children’s primary residence for at least six months before filing, unless certain exceptions apply.
In Scottsdale, the spouse filing for divorce, known as the petitioner, must submit a Petition for Dissolution of Marriage to the Superior Court in Maricopa County. The petitioner must also serve the other spouse, known as the respondent, with the divorce papers.
If the marriage is a traditional one, the petitioner needs only to state that the marriage is “irretrievably broken” with no chance of reconciliation. However, if it is a covenant marriage, the petitioner must demonstrate specific legal grounds to file for divorce. These grounds include adultery, abandonment, substance abuse, domestic violence, or a lengthy separation.
Arizona law requires a 60-day waiting period after the respondent is served before the court can finalize the divorce. This period gives both spouses time to consider their options. The petitioner must also pay a filing fee unless they qualify for a fee waiver. The court will not move forward with the case until the petitioner meets all filing, service, and waiting period requirements.
Is Arizona a Fault or No-Fault Divorce State?
Arizona is a no-fault divorce state. The petitioning spouse does not need to prove the other spouse did anything wrong to file for divorce. Instead, they need to state only that the marriage is irretrievably broken and has no prospect of reconciliation. The court does not consider blame or fault when deciding whether to grant a divorce.
However, in a covenant marriage, the spouse must prove specific legal grounds, such as adultery, abandonment, abuse, or incarceration, to file for divorce. The type of marriage determines the requirements for ending it.
What Is the Process for Filing for Divorce in Scottsdale?
In Scottsdale, the divorce process starts with one spouse, known as the petitioner, filing a Petition for Dissolution of Marriage with the Superior Court in Maricopa County. The petitioner must also pay a filing fee unless they qualify for a fee waiver. Next, the petitioner must serve the divorce papers on the other spouse, known as the respondent, through a legal method such as personal service or certified mail.
After service, Arizona law requires a 60-day waiting period before the court can finalize the divorce. During this time, the respondent can file a response. Both spouses must address key issues, such as property division, child custody, child support, and spousal maintenance, before the court finalizes the divorce. If the spouses reach an agreement, they can submit it to the court for approval. If not, the court will schedule hearings so a judge can make decisions to resolve any disputes.
What Is the Difference Between a Contested and an Uncontested Divorce?
In an uncontested divorce, both spouses agree on all key issues, including property division, child custody, child support, and spousal maintenance. This type of divorce often proceeds more quickly and is less expensive because it doesn’t require lengthy court hearings.
In a contested divorce, the spouses disagree on one or more issues and might need to attend court hearings or a trial, where a judge will decide the disputed matters. Contested divorces often take longer and involve higher legal costs. Whether a divorce is contested or uncontested depends on the spouses’ ability to reach agreements on essential matters.
What Legal Matters Can a Divorce Lawyer Help Me With?
Divorce involves more than ending a marriage. Depending on the circumstances, it can also include resolving matters like who will care for any children the spouses have in common and how the couple will divide their property. At Mushkatel, Gobbato & Kile, P.L.L.C., we can guide you through the divorce process and address issues that arise during your case, such as:
- Alimony — A lawyer can help you understand whether either spouse could be entitled to spousal maintenance (alimony). They can also assist in negotiating fair payment terms and represent you in court if you and your spouse cannot agree.
- Child custody — A divorce attorney can help you work toward a custody arrangement that supports your child’s best interests. They can assist with creating parenting plans and addressing legal and physical custody concerns as they arise.
- Child support — Your lawyer can explain how Arizona calculates child support and help you seek a fair payment schedule for your situation. An attorney can also assist with modifications if your financial circumstances change.
- Property distribution — Arizona is a community property state, meaning that most assets and debts acquired during marriage are divided equally in divorce. A lawyer can help you identify marital property, protect your interests, and negotiate a fair division of assets and debts.
Contact a Scottsdale Divorce Lawyer
If you are going through a divorce in Scottsdale, remember you don’t have to handle the legal process alone. Mushkatel, Gobbato & Kile, P.L.L.C., can help you understand your options and work toward fair, practical solutions. Contact us now for your initial consultation to learn more about how we can help.
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