Here at Schill Law Group, we understand that going through a divorce is never something that is planned and every divorce is unique with its own set of considerations. Our promise to you is to deliver the best service through these potentially difficult times.
You might have some confusions on where to start, or what type of divorce you may fall under. This page explains the different classifications of divorce as well as the case stages, your rights as a parent and other important topics.
To begin, below are the different classifications of divorce:
Divorce Involving Children:
This is a dissolution of marriage where the couple has a minor child or minor children. These cases require custody arrangements and child support payment orders or agreements.
Divorce Not Involving Children:
A dissolution of marriage without children. These types of cases typically involve a division of assets and possibly an award of spousal maintenance.
Same-Sex Marriage Divorce:
A dissolution of marriage for same-sex couples (or also referred to as divorce for same sex marriage). Often there are special considerations when it comes to child custody agreements.
Scottsdale High Net Worth Divorce:
A dissolution of marriage for those with a high net worth. A high net worth is considered $1 million in assets or more. Usually there are special considerations for division of assets and spousal maintenance.
A legal separation is a court-ordered agreement where the couple stay married but live separate lives. It is used as a trial run for divorce or to see if there can be a reconciliation. It can also be used if the couple’s beliefs don’t allow divorce or if the couple wants to keep sharing health insurance.
A divorce when one or both individuals are over the age of 50. Usually there are special considerations for spousal maintenance involved in a gray divorce.
The Different Stages of a Scottsdale Divorce Case:
In order to start the divorce process, one spouse files a Petition for Dissolution of Marriage with the court. The person to file the petition is the Petitioner, the other is the Respondent.
The Petitioner must make sure that the petition is served to the other spouse. The Respondent is entitled to file opposing papers, or they can choose to agree with the petition. If the Respondent does not respond to the petition, the court will assume the spouse agrees to the petition’s terms.
After the Petition is served and the Respondent has filed their response, the next stage of the process is called Discovery. Discovery the legal procedure for gathering evidence for the case. Each spouse is entitled to information from the other in regards to their divorce case. The couple must exchange information about their property and income. This information can be used later to determine property divisions, child support, and spousal maintenance.
At any time during Discovery, the couple can either come to a settlement agreement. However, if the parties can’t agree on a settlement, they will ultimately go to trial and have a judge decide the unresolved issues.
Navigating the divorce process can be emotionally draining and complicated. The Scottsdale divorce lawyers at Schill Law are experienced and prepared to handle these emotionally charged and complicated divorces.
Spousal Maintenance and Alimony:
Spousal maintenance, also known as alimony or spousal support, is money paid by one spouse to the other in order to provide support if there is a need by one spouse, and the ability to pay by the other. The amount and duration of spousal maintenance is determined by numerous factors such as the duration of the marriage, whether a spouse helped support the other’s career or education, the standard of living during the marriage, the ages of the parties, or whether a spouse has a physical or mental condition. The factors listed above are not a comprehensive list, but are some of the more important factors considered.
You may be entitled to spousal maintenance in your divorce. Contact us today to learn more about your rights to spousal maintenance.
Grandparents’ Rights and Custody:
Grandparents can enforce visitation rights if:
- The child’s parents have been divorced for 3+ months.
- The child’s parent has been deceased or missing for 3+ months.
- The child’s parents were never married.
If you are being denied visitation to your grandchildren by the child’s parents or other family members, Schill Law can help you understand your rights as a grandparent. Contact us today to learn more about your rights to visitation or custody as a grandparent.
Issues of Domestic Abuse:
The courts can issue an order of protection in divorce or child custody cases when allegations of domestic abuse are involved. Protective orders are meant to protect an individual or individuals from acts of harassment or domestic violence.
If your spouse has committed acts of domestic violence against you or your children, we can help you get an order of protection against them.
The Best Interests of the Child:
When the courts decide custody of a minor child, they are required to consider the best interests of the child.
Some of the factors judges use when making custody decisions include:
- The past, present, and potential future relationship between the parent and the child;
- The wishes of the child’s parent or parents;
- If the child is of suitable age and maturity, the wishes of the child;
- Whether there is a history of domestic violence or substance abuse;
- The ability of each parent to provide a stable home;
- Which parent is more likely to allow frequent and meaningful contact between the child and the other parent;
- Any special needs that a child might have; and additional factors that would aid the court in determining what is in the child’s best interest.
Relocation of Children/Ex-Spouse:
After a divorce involving children, one parent may wish to relocate. A “Relocation” is moving out of state or 100 miles away within the state.
A court may not allow a parent to move if they share parenting time and decision-making with their ex-spouse. If you would like to move, or your ex-spouse plans on moving, you need to know your rights. Contact us at Schill Law to learn more about your rights to relocating.
Parental kidnapping, also known as custodial interference, happens when one parent keeps their child away from the other parent, illegally depriving the other parent of custody or visitation.
A person commits custodial interference if, knowing or having reason to know that the person has no legal right to do so, the person does one of the following:
- Takes, entices or keeps from lawful custody any child, or any person who is incompetent, and who is entrusted by authority of law to the custody of another person or institution.
- Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child.
- If the person is one of two persons who have joint legal custody of a child, takes, entices or withholds from physical custody the child from the other custodian.
- At the expiration of access rights outside this state, intentionally fails or refuses to return or impedes the return of a child to the lawful custodian
Parental alienation occurs when one parent manipulates their child into having a negative view of the other parent. This can cause the child to not want to see that parent. It can negatively and permanently affect the bond between the parent and child. Parental alienation can affect child custody agreements.
If you believe your child has been turned against you by the other parent, you need to contact the experienced divorce lawyers at Schill Law. We can help.
Compassionate Scottsdale Divorce Lawyers
At Schill Law, our experienced Scottsdale divorce attorneys will help you navigate this stressful time with compassion and sensitivity.
Divorce can be an emotionally charged and difficult time. That’s why it’s critical to choose the right lawyer to represent you. The Scottsdale divorce attorneys at Schill Law have years of experience working solely with this type of law. We can help with your divorce involving children, divorce not involving children, same-sex divorce, “gray” divorce, high net worth divorces, or legal separation.