How Long Does a Divorce Take in AZ?

Going through a divorce is a very stressful ordeal. As a result, most people want to find a way to get through the process as quickly as possible. We are commonly asked how long it will take for a divorce to be completed in the state of Arizona. This, of course, depends on several factors. In addition to the state-mandated “cooling off” period, a divorce timeline can vary based upon how quickly you and your spouse can come to an agreement and how you decide to file and respond to a petition for divorce. Read on for more details.

Arizona “Cooling Off” Period

Many states have a designated “cooling off” period that goes into effect after a divorce has been filed. In Arizona, this period lasts for 60 days following the serving of divorce paperwork by the Petitioner to the person’s spouse. This timeframe allows the Petitioner (the spouse who originally filed for divorce) to think about the action of divorce and determine that this is the right course of action for the relationship, and it also allows the Respondent (the other spouse) the opportunity to file a response to the petition for divorce. The Respondent then has a period of 20 days after the petition has been filed to respond. If no response has come after this 20-day period, the Petitioner can make a request to move into a default divorce, thus giving the respondent 10 additional days to file his or her response. If no response is received after this time, the divorce may be granted to the Petitioner, meeting all conditions and circumstances outlined in the submitted divorce paperwork. Because of this short window of time, it is very important to have an experienced attorney from Schill Law Group working with you to ensure that everything is handled correctly and in a timely manner.

Uncontested Divorces in Arizona

In order for an Arizona divorce to be completed in such a short window of time, the divorce will most likely need to be uncontested. The State Bar of Arizona states that the majority of all Arizona divorces (90 percent) are not contested. This means that neither party is opposed to the divorce and that the divorce can likely be wrapped up shortly after the required 60-day waiting period. Typically, an uncontested divorce will take 3-4 months to resolve entirely, but this can vary depending on factors involving the marriage union and the family.

Contested Divorces in Arizona

Contested divorces will almost certainly take longer than the 3-4 months range that is typical of an uncontested divorce. In fact, in cases where the spouses absolutely cannot come to an agreement on the specific terms of their impending divorce, they will need to end up going to court. This can add another 6-9 months onto the overall duration of the divorce.

Regardless of whether your divorce is granted by default, is uncontested, or is contested, it’s always in your best interest to hire an attorney to represent your interests throughout the proceedings. Even the seemingly simplest divorces can become complex or lengthy if paperwork is filled out or filed incorrectly, or if one partner begins to get emotional throughout the process. No matter how emotionally stable you may feel that you and your spouse are at the beginning of the divorce process, it’s wise to understand that these proceedings can be difficult and taxing and that it’s important to have someone objective on your side.

The Schill Law Group has helped countless Arizonans through the sensitive divorce process and has achieved favorable outcomes for its clients. Let us help you during this difficult time. Give us a call for a free case consultation today.

Arizona Divorce FAQs: The Answers to Five Common Questions

Although dissolutions of marriage are relatively common in Arizona, no one ever expects to go through a divorce. Consequently, most people find themselves with a lot of questions about the divorce process. Finding the answers to these questions and having a better understanding of what happens during a divorce can help reduce stress levels significantly while reducing the likelihood of legal mistakes. For this reason, we’ve compiled a list of five common questions about Arizona divorces in 2017.

Question #1: Are Divorces, Annulments, and Legal Separations All Basically the Same Thing?

Simply put… no. Divorces, annulments, and legal separations are entirely different things. An annulment actually deems a marriage to be void. This is essentially the same thing as saying that the marriage never happened in the first place. Specific conditions must be met in order for an annulment to be granted in the state of Arizona. In a legal separation, a couple decides to remain legally married while physically separating from one another, usually living in separate residences. A divorce, or dissolution of marriage, is the legal termination of a couple’s marital responsibilities to one another. If you’re not sure which of these would best fit your situation, a Schill Law Group attorney can assist you with making that determination.

Question #2: What’s the Difference Between a Fault and No-Fault Divorce?

In some states, one spouse can be deemed “at fault” for the divorce due to adultery, abandonment, or cruelty. Because Arizona is a “no-fault” state, there is no need for either spouse to try to prove that the other was responsible for the ending of a marriage. Consequently, no reason needs to be given for why the petitioner is requesting a divorce.

Question #3: What Is Spousal Maintenance and How Does It Work?

Commonly referred to as “alimony,” spousal maintenance refers to payments that are made from one spouse to the other throughout the divorce proceedings, after the divorce has finalized, or both. Spousal maintenance is usually granted when one partner has been the primary source of income for the couple and the other needs financial assistance while getting his or her feet back on the ground. Spousal support is typically only granted as temporary relief so that the recipient learns to become self-supporting. Exceptions exist where the recipient is disabled or otherwise unable to obtain employment.

Question #4: How Does Child Support Work?

In some divorce cases, couples are able to come to an agreement about custody and child support arrangements. These agreements can be reached by the couples themselves, through the help of a mediator, or with the involvement of attorneys. In others, a judge must make determinations of who will have primary physical custody of the child or children and how much the other parent will need to pay each month to contribute to their needs and welfare. The amount of money to be paid is determined by examining factors, such as each spouse’s income, and the number of children involved.

Question #5: Can One Spouse Put a Stop to a Divorce?

In the case of no-fault divorces in Arizona, there is no way to stop a divorce from happening once the petitioner has filed for a dissolution of marriage. If both parties decide that they wish to reconcile and stop divorce proceedings, they are able to do so, but one spouse may not stop the other from ending the marriage.

Do you have other questions concerning the divorce process in Arizona? The legal experts at Schill Law Group are here to help. We have extensive experience in handling divorce cases and will work to protect your rights every step of the way. Give us a call for a free consultation or to learn more today.

Arizona Alimony 101

Alimony is a word that inspires a great deal of confusion – and sometimes fear – in Arizona divorces. If you’re going through a divorce, you may have a lot of questions about alimony. What types of alimony arrangements exist in Arizona? Who is eligible to receive alimony? How long do payments last? Today’s post will answer these and other important questions and highlight the basics of Arizona alimony.

What is Alimony?

The term “alimony” refers to money that one spouse pays out to the other for support. This financial arrangement might occur throughout the divorce process, be set up to begin after the divorce is complete, or both. Although alimony is the word most commonly used to describe payments like these, the state of Arizona uses the term “spousal maintenance.” As soon as the words “alimony” or “spousal maintenance” are brought to the table, it’s important to align yourself with an experienced divorce attorney like Schill Law Group who can help you wade through the process.

Why Do Spousal Maintenance Arrangements Exist?

You may find yourself wondering why a spousal maintenance arrangement might be made during or after a divorce. After all, if a couple has separated, why should one still be financially accountable to the other? The intent of alimony or spousal maintenance is to help individuals who, upon separation, find themselves unable to pay for their regular living expenses. This is to ensure that basic needs are met for at least some period of time.

What Types of Spousal Maintenance Arrangements Exist in Arizona?

If you or your ex spouse is seeking spousal maintenance in Arizona, you will need to understand the following types of arrangements:

Temporary

Legally referred to as “pendente lite,” this type of arrangement occurs when a judge orders spousal maintenance during the course of the divorce proceedings. In some instances, the judge might also rule in favor of temporary maintenance for a designated period of time. This amount can be made in a lump sum or monthly payment.

Permanent 

In today’s age, it’s becoming increasingly rare for a judge to order permanent spousal maintenance. This is because the court views maintenance as a rehabilitation program that allows an individual to get back on their feet prior to supporting themselves. Usually, permanent maintenance is only granted when a spouse is unable to become self-supporting due to a disability.

Limited

In cases where one spouse sacrificed money, assets, or career in order to support the advancement of education and earning capacity of the other spouse, a judge may order limited spousal maintenance to allow for reimbursement.

Who Is Eligible for Spousal Maintenance? 

In order for yourself or your spouse to be awarded maintenance, a judge must find that one spouse has a significant financial need while the other has the ability to pay. This may occur when one spouse doesn’t have enough property or assets to provide for reasonable needs, is not able to secure employment or be self-supporting, or when one spouse contributed to the other spouse’s education and/or employment opportunities.

How Are Maintenance Determinations Made?

The spousal maintenance agreement that is ordered by a judge will depend on several factors, such as:

• Length of marriage
• Age, employment history, physical/mental condition, and earning capacity of the spouse seeking maintenance
• Marital standard of living
• Spouse’s comparative financial resources
• The paying spouse’s ability to provide spousal support
• Costs of health insurance for each party
• Other financial resources that may be available to the spouse seeking maintenance

Are Spousal Agreements Set In Stone?

Certain changes in life and financial circumstances can result in your ability to petition that the court modify or terminate spousal support arrangements. Spousal support payments automatically terminate when the term of award expires (where applicable), when the recipient spouse is remarried, or upon the death of either party.

Do you need legal assistance with your Arizona alimony case? Schill Law Group understands the ins and outs of spousal maintenance and can help you secure the best arrangement possible. Give us a call to get started today.

What Happens to Mutual Debt After Divorce?

If you’re currently in debt, you’re in good company. According to Pew Research Center’s most recent findings, approximately 80 percent of Americans owe money to lenders and creditors. And while being in debt is stressful in and of itself, a large number of debtors find themselves faced with the complexity of being forced to figure out how to manage what they owe after a divorce. Fortunately for those getting divorced in Arizona, the state’s laws on mutual debt are rather cut and dry. Even so, it’s important to arm yourself with the facts and in your best interest to have a knowledgeable attorney on your side. Here’s a quick overview of what happens to mutual debt after a divorce.

The Division of Debt in Arizona Divorces

In Arizona, marital debt is treated in the same manner as marital property. Just as any type of community property is considered to be equally owned by both spouses, the state also views marital debt to be “owned” equally by both parties. In the simplest terms, all marital debt that exists shall be divided equitably between the two individuals. Because certain complications can arise when considering what constitutes an “equitable division” of debt, it’s wise to enlist the help of Schill Law Group to help you sort through the details.

 Marital Debt Defined

In order to equitably divide marital debt, we must first establish what “marital debt” actually is. In Arizona, marital debt is defined as any sort of debt that was taken on throughout the course of a marriage. It does not matter which spouse acquired the debt, as long as it was acquired while the parties were married to one another.

It’s important, too, that you understand that your name doesn’t need to be specifically tied to any debt in order for you to be held responsible for it. As an example, your ex may have opened a credit card in his or her name and accumulated debt. This can still be viewed as marital debt – even when your name is not on the card – if the debt was acquired during the marriage.

This would be a different story altogether if the card had been opened prior to the beginning of the marriage. In this case, the debt tied to the credit card would remain the sole responsibility of the individual who opened the line of credit. For this reason, it’s very important to establish the dates when specific lines of credit were opened, and by whom.

There are certainly some exceptions to general marital debt guidelines like these, and your attorney can help walk you through any special circumstances or conditions. Your attorney will discuss the specifics of all types of marital debt that could exist within your marriage including:

• Credit Cards
• Mortgages
• Auto Loans
• Tax Debt
• Personal Loans
• Payday Loans

Settling Marital Debt Disagreements 

In the event that you cannot come to an agreement on dividing your marital debt, the court will make a decision for you, and this may or may not work in your favor. Consequently, it’s always in your best interest to come to an agreement with your ex regarding how your marital debt should be divided. Your attorney can help you come up with fair and reasonable terms regarding the division of marital debt. During this process, your legal representation can help you understand your rights and responsibilities, as well as those of your spouse so that you can achieve the best possible outcome.

Acquiring assistance with the division of marital debt in your Arizona divorce is always a good idea The experienced attorneys at Schill Law Group can help. We have extensive experience in this area and will work to ensure that you receive fair treatment throughout the divorce litigation process. Give us a call to set up a free consultation today.