Phoenix Divorce Lawyer
At The Law Office of Kristen Kaffer, PLLC in Phoenix, I help people who are facing divorce make decisions that are right for them. I am attorney Kristen Kaffer, and I have 13 years of experience in Arizona divorce matters.
If you are considering divorce or have already been served with a petition for dissolution, I can help you move forward. With my Arizona family law experience, I can protect your interests and guide you through this challenging time in your life. I know that divorce can be tough, and that’s why I’m here.
Divorce Basics In Arizona
Divorce allows you to end your marriage permanently and divides a couple’s property and debts. If a divorcing couple has children, the divorce will also determine legal decision-making (custody), parenting time and child support. If one spouse requires financial assistance from the other spouse, the court may also award spousal maintenance (alimony). The length of time it takes to obtain a divorce in Arizona varies and may depend on a variety of factors such as:
- What areas of disagreement exist
- The complexity of the issues
- The court’s calendar
- The reasonableness of the parties
After a party is served with a Petition for Dissolution, the divorce will take at least 60 days to finalize. Thus, even if you and your spouse are in agreement on all issues, the court will not finalize the divorce until 60 days after service of the petition.
Uncontested Versus Contested Divorce
If you and your spouse agree on all of the terms of the divorce, it is said to be “uncontested.” Even in uncontested cases, however, it is best to work with a divorce lawyer. Do-it-yourself divorce may sound quick and easy, but many people make critical mistakes when they do this. I can ensure that the divorce paperwork is correct and that you fully understand the terms you are agreeing to.
I also represent people in contested divorce, which is when the couple cannot agree on the terms. This is quite common, and there are ways to come to an agreement without going to court. I can represent you in negotiation or mediation. Both of these methods allow you to work out a settlement without going to trial. Be assured that if negotiation and mediation do not work in your case, I will be ready to go to trial to protect your rights and interests.
Frequently Asked Questions About Divorce In Arizona
When beginning the divorce process in Arizona, facing questions or concerns is understandable. Below, I speak to some of the most common questions to help you understand what may lie ahead.
Can I get a “no-fault” divorce in Arizona?
Arizona allows no-fault divorce, which means you do not need to prove wrongdoing or specific “grounds” to end your marriage. A spouse only needs to state that the marriage is irretrievably broken, which simplifies the initial filing for many people and helps them avoid unnecessary conflict.
How long does an Arizona divorce typically take to finalize?
Arizona has a mandatory 60-day waiting period after the petition is served before a divorce can be finalized. While this is the minimum, the overall timeline depends on factors such as whether spouses agree on property division, parenting time, child support or spousal maintenance. Cases involving disputes, complex assets or contested parenting issues often take longer due to additional hearings, disclosures and negotiations.
What steps are involved in the Arizona divorce process?
The process begins when one spouse files a Petition for Dissolution and serves it on the other spouse. After service, both parties exchange required financial disclosures, address temporary needs and begin working toward agreements on all issues.
If spouses reach full agreement, they can submit a Consent Decree for court approval. If they do not agree, the case proceeds through conferences, potential mediation and ultimately a trial where a judge makes the final decisions. Skilled legal guidance can help ensure these steps flow as smoothly as possible.
What if my spouse will not sign the divorce papers?
A divorce can still move forward even if one spouse refuses to participate. When a spouse does not respond within the required timeframe, the filing spouse may request a Default Divorce. If the court grants default, the judge can finalize the divorce based on the filing spouse’s proposed terms as long as they comply with state law and are supported by the evidence provided.
What basic requirements are necessary to file for divorce in Arizona?
To file for divorce in Arizona, at least one spouse must have lived in the state for a minimum of 90 days before filing. The petition must be filed in the county where the filing spouse resides, and the other spouse must be formally served with the documents. These requirements help ensure that the Arizona court has the authority to handle the case and issue final orders.
Contact Me To Get Started On The Divorce Process
To set up a consultation to discuss your divorce concerns, please call my Phoenix office at 602-922-1022 or send me an email today.