Family Law In Phoenix
Long Experience In Family Law Cases In Phoenix
In essence, Morgan Sterling law firm combines legal acumen with a deep understanding of your needs, utilizing a mix of preparation, negotiation, and trial advocacy to win cases.
Family Law In Phoenix
We have the knowledge and experience required to get you the best compensation you deserve.
Morgan Sterling Law in Phoenix will guide their client through the divorce process. Ensuring that their legal rights are protected and helping them navigate the complexities of Arizona divorce laws.
1. Initial Consultation and Case Assessment
- Meeting with the client: Our attorney will meet with the client to discuss the details of the marriage, the reason for divorce, and the client’s goals. Key issues will be identified, such as custody of children, division of property, spousal support, and other financial matters.
- Legal Grounds for Divorce: In Arizona, the most common legal ground for divorce is irreconcilable differences (a no-fault ground), meaning that the couple cannot get along, and there is no hope for reconciliation.
- Informing our Client About Arizona Laws: Our attorney will explain the Arizona divorce process and laws that may apply to the case, including:
- Community Property: Arizona is a community property state, meaning that assets and debts acquired during the marriage are generally divided equally between the spouses.
- Child Custody and Support: If there are children involved, our attorney will discuss how child custody and support are determined in Arizona, considering the best interests of the child.
- Spousal Maintenance: Our attorney will explain how spousal support (alimony) is determined. And whether our client may be entitled to or required to pay spousal maintenance.
2. Filing for Divorce
- Petition for Dissolution: To begin the divorce process in Phoenix, the attorney will file a Petition for Dissolution of Marriage in the appropriate court (usually the Maricopa County Superior Court, as Phoenix is in Maricopa County). This petition outlines the grounds for divorce, requests for child custody (if applicable), child support, division of assets and debts. And any other relief the client seeks.
- Serving the Divorce Papers: The petition must be served on the other spouse (the respondent), notifying them of the divorce proceedings. The attorney will arrange for proper service, either through a process server, certified mail, or another legal method.
- Response: The other spouse has 20 days (if living in Arizona) or 30 days (if living out of state) to respond to the petition. If the spouse does not respond, the divorce may proceed as an uncontested divorce.
We work to ensure you receive compensation that reflects not only immediate medical expenses but also pain, suffering, and any diminished future prospects.
3. Temporary Orders
- Request for Temporary Orders: If there are urgent issues that need to be addressed before the final divorce decree is issued (such as temporary child custody, spousal support, or the use of marital property), the attorney may file a motion for temporary orders. These orders can be granted by the court to ensure that both parties are treated fairly during the divorce process.
- Temporary Custody and Support: If there are minor children involved, temporary custody arrangements and child support can be established during this phase.
4. Discovery and Investigation
- Discovery Process: During the divorce, the attorney will engage in discovery, which involves gathering information and documents from the other party. This may include:
- Financial documents (bank statements, tax returns, retirement account statements, etc.)
- Information regarding assets, debts, property ownership, and business interests.
- Information regarding child custody and any other relevant details.
- Depositions and Interrogatories: The attorney may also send interrogatories (written questions) to the other party or conduct depositions (oral testimony under oath) to further understand the case.
5. Negotiation and Settlement
- Negotiating a Settlement: Arizona encourages couples to reach a settlement outside of court to avoid lengthy and expensive litigation. The attorney will work with the other party’s attorney (or directly with the other party if they are self-represented) to negotiate terms related to:
- Property division (dividing community assets and debts)
- Child custody and visitation
- Child support
- Spousal support
- Mediation: If the parties cannot reach an agreement, the court may order mediation. This is a process where both parties meet with a neutral third-party mediator who helps facilitate an agreement. An attorney will prepare the client for mediation and may represent them during the session.
6. Child Custody and Parenting Time
- Best Interests of the Child: In Arizona, child custody decisions are made based on the best interests of the child. The attorney will help the client understand how factors like the child’s relationship with each parent, each parent’s ability to care for the child, and the child’s preferences (if they are old enough) can influence custody decisions.
- Parenting Plan: The attorney will help the client develop a parenting plan that outlines physical and legal custody arrangements. As well as visitation schedules. Legal custody refers to the right to make decisions about the child’s education, healthcare, and welfare, while physical custody refers to where the child will live.
- Child Support: The attorney will help calculate child support payments based on Arizona’s child support guidelines, which consider both parents’ income and the amount of time the child spends with each parent.
7. Spousal Support (Alimony)
- Spousal Maintenance: In Arizona, a court may award spousal maintenance (alimony) if one spouse has a financial need and the other spouse has the ability to pay. The attorney will help the client understand whether they may be entitled to or required to pay spousal support, considering factors such as:
- The length of the marriage
- The financial resources of each spouse
- The recipient spouse’s ability to support themselves
- Whether the recipient spouse contributed to the education, career, or financial status of the paying spouse.
8. Finalizing the Divorce
- Uncontested Divorce: If both parties agree on all issues, the attorney will prepare a divorce settlement agreement that outlines the terms of the divorce, which the court will review and approve. Once approved, the divorce will be finalized without a trial.
- Contested Divorce: If the parties cannot agree on one or more issues, the attorney will prepare for a trial. In court, the attorney will present evidence, question witnesses, and argue on behalf of the client to achieve the best possible outcome.
- Final Decree: Once all issues are resolved, either by settlement or trial, the court will issue a final divorce decree that legally ends the marriage and outlines the division of assets, child custody, support, and any other relevant orders.
9. Post-Divorce Modifications (if needed)
- Modifying Orders: After the divorce is finalized, circumstances may change, and either party may need to modify custody, support, or spousal maintenance. The attorney can assist in filing a petition for modification if there has been a significant change in circumstances (e.g., a change in income, a move out of state, or a change in the child’s needs).
- Enforcement of Orders: If the other party is not complying with the court’s orders (such as failing to pay child support or adhere to the custody arrangement), the attorney can assist in filing a motion for enforcement.
Arizona-Specific Legal Considerations:
- Community Property: Arizona is a community property state, meaning that most property acquired during the marriage is considered jointly owned and will be divided equally. However, property acquired before the marriage or through inheritance or gifts is considered separate property.
- Spousal Maintenance: The court has the discretion to award spousal support (alimony) based on factors like the recipient’s financial need, the length of the marriage, and each party’s ability to support themselves.
- Child Support: Arizona uses a formula to calculate child support, taking into account both parents’ income, the number of children, and the amount of parenting time each parent has.
