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Can I Stop a Divorce Once It’s Started? The Power of Intervention and Reconciliation

What If We Change Our Minds During a Divorce?

Getting a divorce is an emotionally draining process, but what happens when one or both parties have a change of heart? Is it possible to slam the brakes on the proceedings?

The answer is yes, it’s possible to stop a divorce once it’s started, but the process is not straightforward and depends on the state’s legal regulations.

Here in Arizona, we operate under specific laws that dictate how a divorce can be stopped.

We’ll delve into the following topics:

It is normal to change your mind, and being informed is the first step in navigating this complex issue.

Keep reading to learn more about the process, and remember that at De Novo Law, we’re ready to provide the guidance and support you need.

Understanding the Divorce Process

Divorce, or the dissolution of marriage, is a legal process that ends spouses’ marital rights and responsibilities.

In Arizona, one spouse must file a Petition for Dissolution of Marriage, initiating divorce. Following this, the other spouse is served with divorce papers, triggering a response period.

The nature of the divorce, contested or uncontested, significantly impacts the process and its length. 

  • Contested Divorce: In a contested divorce, disagreements on child custody, parenting time, or property division can lead to lengthy court battles. For example, if spouses cannot agree on child custody arrangements or how to divide property, this could result in an extended legal process.
  • Uncontested Divorce: In contrast, an uncontested divorce, where both parties agree on all pertinent issues, typically wraps up much more quickly. For instance, if spouses agree on the terms of child custody, parenting time, and property division, the process can be expedited.

The Legal Framework: Arizona Revised Statutes

Arizona Revised Statutes (ARS) form the legal foundation for marital and family law in the state.

Specifically, ARS § 25-316 discusses the ability to delay divorce proceedings for the purpose of attempted reconciliation before the divorce is finalized.

Under the statutes of Arizona, a period of 60 days, often referred to as a ‘pause’ or ‘waiting period,’ is mandatory.

This holds even if you’ve chosen not to react to the initial divorce filing.

Therefore, your spouse cannot secure a ‘default divorce’ until this 60-day timeframe has passed.

This gives you a two-month window to explore the possibility of mending your relationship.

This gives couples a window of opportunity to halt the divorce process, at least temporarily, if they wish to work on their marital issues.

Halting Divorce: When and How?

Halting a divorce once it’s started is indeed possible. As mentioned, Arizona law allows for a delay in the proceedings if there’s a chance of reconciliation.

But it’s essential to communicate this desire to the court promptly.

Withdrawal of the divorce petition can also stop the process.

This requires the spouse who initiated the divorce to file a motion asking the court to dismiss the case.

But remember, if the other spouse objects and wishes to continue with the divorce, the court may deny the motion.

Role of Reconciliation in Halting Divorce

A successful attempt at reconciliation can halt divorce proceedings entirely.

Many couples use the delay period for attending marriage counseling or mediation to resolve their issues.

If both spouses agree to stop the divorce after reconciliation, they can jointly ask the court to dismiss their case.

However, it’s crucial to approach reconciliation cautiously, considering the best interests of any minor children involved.

An off-and-on divorce process can confuse and distress children.

How a Paraprofessional from De Novo Law Can Help

A legal paraprofessional from De Novo Law can assist those seeking to stop a divorce. They can help draft and file necessary motions, communicate effectively with the court, and ensure that your desire for reconciliation is appropriately considered.

Paraprofessionals at De Novo Law are experts in Arizona family law, including child custody issues, parenting time, legal separation, and dissolution of marriage. With a deep understanding of the nuances of both contested and uncontested divorces, they are well-equipped to navigate this complex process.

When a divorce involves a minor child can become especially convoluted. Navigating these complexities is where a paraprofessional’s expertise is invaluable. They can help ensure that the child’s best interests are prioritized and that both parents understand their rights and responsibilities regarding child custody.

When Reconciliation Fails: Next Steps

Despite best efforts, not all attempts at reconciliation succeed.

The divorce process resumes if the reconciliation period doesn’t lead to a resolution.

At this point, it’s crucial to have knowledgeable and compassionate legal assistance to navigate the path forward.

This is another juncture where a legal paraprofessional from De Novo Law can provide support.

They can help spouses navigate the ongoing divorce process, providing guidance and support on issues ranging from the division of assets and debts to child custody and parenting time.

Stephanie Villalobos, LP

At De Novo Law, we stand ready to help you understand your options, guide you through the process, and support you in making the right decision for you and your family.

Whether you’re seeking to halt a divorce or need assistance moving forward with the process, we’re here to provide the guidance and support you need.

Contact De Novo Law today at (480) 725-2200 to schedule a free consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Divorce Dilemmas: Navigating the Sale or Trade of Your Ex-Spouse’s Car in Arizona

 

Navigating the Sale or Trade of Your Ex-Spouse’s Car in Arizona

Navigating the complex world of divorce can be emotionally draining and legally challenging, especially when dealing with assets like cars.

As a legal paraprofessional from De Novo Law, a Phoenix, Arizona-based firm specializing in family law, we are here to help you understand your rights and responsibilities concerning your ex-spouse’s car during and after a divorce with children.

In this article, we will discuss the following topics:

According to a study by the American Psychological Association, approximately 40 to 50 percent of married couples in the United States get divorced.

Knowing your rights and responsibilities when dealing with assets like cars during a divorce is essential.

In Arizona, the legal ownership of a car is determined by the name on the title.

Arizona Revised Statute § 28-2060 states that a vehicle’s title is evidence of ownership.

If the car is in your name, you are the legal owner.

However, if the car is in your ex-spouse’s name, they are the legal owner.

You are co-owners if the car’s title is in both of your names.

In the case of co-ownership, you can sell or trade the car if both parties agree.

However, if your ex-spouse disagrees, you may need to address this issue in your divorce proceedings or seek legal help to resolve the dispute.

Division of Assets and Community Property

Arizona is a community property state, meaning that any property acquired during the marriage is generally considered community property and must be divided equitably upon divorce.

Arizona Revised Statute § 25-211 defines community property as any property acquired by either spouse during the marriage, except for gifts and inheritances.

The car would likely be community property if purchased during the marriage.

If the car is community property, you and your ex-spouse must agree on whether to sell the car.

The court can decide during the divorce proceedings if an agreement cannot be made.

 

Car Loans and Financial Responsibilities

If the car has a loan and you are the primary borrower, you may be responsible for the debt even if your ex-spouse possesses the car.

Arizona Revised Statute § 25-318 addresses the division of debts in a divorce, stating that the court may assign each spouse their proportionate share of the community debts.

If you are making payments on your ex-spouse’s car, you should discuss this issue with your attorney or legal paraprofessional to determine your rights and responsibilities.

You may need to negotiate with your ex-spouse or seek a court order to transfer the loan or refinance the car in their name to remove your financial responsibility.

Possible Scenarios and Options for Selling or Trading the Car

When it comes to selling or trading your ex-spouse’s car, there are several possible scenarios:

  1. If the car is in your name and considered community property, you may be able to sell or trade the car with your ex-spouse’s consent.
  2. If the car is in your ex-spouse’s name, you may need their permission to sell or trade it, even if you make the payments.
  3. If the car is co-owned, you and your ex-spouse must agree on the sale or trade or seek a court order to resolve the dispute.

In any of these scenarios, it’s essential to communicate with your ex-spouse and attempt to reach an agreement.

If you cannot reach an agreement, you may need to address the issue in your divorce proceedings or seek legal help to resolve the dispute.

Assessing Compensation for Retained Jointly Owned Cars in Divorce

In Arizona, a community property state, assets acquired during the marriage are generally considered community property and must be divided equitably upon divorce, as outlined in Arizona Revised Statute § 25-211.

 If your ex-spouse retains ownership of a jointly owned car after the divorce and keeps the car, you may be entitled to compensation.

The court will consider various factors when dividing assets, including the value of the car, each spouse’s financial contributions, and the overall division of marital property.

It’s essential to consult with a legal paraprofessional or an attorney to ensure your rights are protected and you receive a fair share of the assets during the divorce proceedings.

How De Novo Law Can Assist You Through the Process

At De Novo Law, our experienced legal paraprofessionals can help you navigate the complexities of divorce with children in Arizona, including the division of assets like cars.

We can assist you in understanding your rights and responsibilities, as well as guide you through the process of selling or trading your ex-spouse’s car.

Our team can:

  • Review your situation and guide your legal rights and responsibilities regarding your ex-spouse’s car.
  • Assist in negotiating with your ex-spouse to reach a fair and equitable agreement on the division of the car and any related debts.
  • Draft the necessary legal documents to ensure that any agreement reached is legally binding and enforceable.
  • Represent your interests in court if an agreement cannot be reached and the issue must be resolved through litigation.
  • Help you navigate the complex Arizona Revised Statutes related to divorce, child custody, and asset division to protect your rights.
Stephanie Villalobos, LP

Dealing with your ex-spouse’s car during a divorce with children can be complex and challenging.

At De Novo Law, our knowledgeable legal paraprofessionals can help you navigate the process and ensure that your interests are protected.

If you’re facing a divorce with children in Arizona and need assistance selling or trading your ex-spouse’s car, contact us today to discuss your options and let us help you through this difficult time.

Contact De Novo Law today at (480) 725-2200 to schedule a free consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

What is the Arizona Parent Information Program Class? 

Arizona Parenting Class – What You Need to Know

Participating in the Parent Information Program is not just a helpful choice for parents facing divorce or legal separation in Arizona; it’s a legal requirement.

The program serves as a guide to help parents understand the implications of their legal actions on their family. It offers strategies for mitigating the emotional and psychological toll that these proceedings can take, especially on children.

What this article is about:

Parents who attend parenting programs like Arizona’s Parent Information Program are less likely to re-enter court for further legal issues by up to 60%.

The Parent Information Program in Arizona aims to provide you with the tools needed to make the transition as smooth as possible for your family.

Understanding its importance and complying with its requirements can lead to a more favorable outcome for everyone involved.

The Core Focus of the Parent Information Program in Arizona

The Parent Information Program educates parents on the emotional, psychological, and legal aspects of divorce or separation in Arizona.

Governed by Arizona Revised Statute §25-351, the program is meant to equip parents with the essential knowledge to navigate the familial changes accompanying divorce.

Topics Discussed in the Parent Information Program

The program comprehensively covers a range of essential topics, such as:

  • Strategies for helping your child cope with divorce
  • Key elements that contribute to a child’s healthy adjustment during family changes
  • Emotional repercussions of divorce on both children and parents
  • The role of parental conflict and its detrimental impact on children
  • Parenting behaviors that either aid or hamper a child’s emotional well-being
  • Communication skills crucial for effective co-parenting
  • Available community support for families going through divorce
  • General court procedures during divorce
  • Children’s typical reactions to legal actions involving their family
  • Parental responsibilities, both emotional and financial

Benefits of Participating in the Program

Participating in the Arizona Parent Information Class offers numerous benefits that can significantly enhance parenting skills and contribute to the well-being of both parents and children.

First and foremost, this program provides a comprehensive understanding of effective parenting strategies, equipping parents with the necessary knowledge and skills to navigate various challenges and issues when raising a child.

By attending the program, parents gain insights into the importance of positive and healthy communication with their children, fostering stronger relationships and a more harmonious family dynamic.

Additionally, the program emphasizes the significance of discipline techniques, fostering a nurturing and structured environment that promotes the child’s emotional and behavioral development.

Moreover, participating in the Arizona Parent Information Class allows parents to connect with other individuals experiencing similar parenting situations, creating a supportive community where they can share experiences and seek advice.

This invaluable peer support can alleviate feelings of isolation and provide a platform to learn from others who have successfully overcome similar obstacles.

Overall, this program has the potential to equip parents with valuable tools and resources, empowering them to become more competent and confident caregivers and positively impacting the overall well-being and development of their children. 

Studies indicate that parents who complete the Parent Information Program are likelier to maintain a cooperative co-parenting relationship, benefiting their children’s well-being. Additionally, the program reduces the likelihood of the divorcing couple re-entering the courtroom for further proceedings.

Arizona law takes non-compliance with this program seriously.

Judges may include stipulations in the final divorce decree that restrict a parent who hasn’t completed the program from enforcing custody and parenting time provisions until they have done so.

When and How to Register for the Program

Enrollment is typically straightforward and can be done online, over the phone, or through Family Court services.

The court usually requires proof of completion.

How Long Are Most Parenting Classes?

The length of parenting classes varies depending on the program and the topics covered.

The Arizona Parent Information Program Class is mandated for divorcing parents in Arizona. This class typically lasts for a total of four hours.

While the Arizona Parent Information Program Class lasts four hours, other parenting classes may vary.

Some may be offered as short, one-time workshops, while others may be structured as weekly sessions spanning several weeks.

The length of these classes ultimately depends on the program’s objectives and the depth of information they aim to provide to parents. 

Stephanie Villalobos, LP

If you have further questions about the Parent Information Program or how it might affect your divorce case in Arizona, it is essential to consult an experienced family law paraprofessional.

De Novo Law can provide specific advice tailored to your unique circumstances.

Contact De Novo Law today at (480) 725-2200 to schedule a free consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

What Documents are Required in a Divorce in Arizona?

Divorce in Arizona – Don’t Get Buried in Paperwork, We’re Here to Help

Divorce can be a tough road to navigate. Like a long journey, it has many steps and procedures that need careful attention.

Among the most critical elements are the required divorce papers in Arizona.

Being aware of what these documents are and their purpose can make the process less daunting.

In this article, we’re going to discuss:

Arizona has a divorce rate of about 3.4 per 1,000 population, which shows just how important it is to understand the divorce process and its related documents. 

Filing the Original Petition for Dissolution of Marriage

When you qualify to initiate a divorce process in Arizona, several crucial legal papers must be prepared.

The first document is the Petition for Dissolution of Marriage, where you must declare your reasons for seeking a divorce.

You must affirm that the marital bond is “beyond repair with no likelihood of reconciliation.”

Interestingly, it’s unnecessary to provide specifics of why your marriage is irretrievably damaged, such as instances of infidelity, substance abuse, or domestic violence. The requirement is merely to affirm the irreparable status of the marriage.

If you and your spouse share children born during your marriage, including this information in the Petition is necessary. For children born before your marriage, an assertion that the husband is the biological father is needed, along with a request for a Declaratory Judgment of Paternity.

The court can mandate genetic testing to establish paternity during divorce proceedings. If DNA tests demonstrate a 95% or higher probability of paternity, the presumption is that the husband is indeed the father.

Your petition must also specify if either spouse has separate property and the shared marital property needs an “equitable” split.

Additionally, allegations about who should be responsible for child support or alimony payments must be included.

You’re not required to suggest the amount of child support or alimony that should be decreed. You also have the option to propose whether one spouse should bear part or all of the other spouse’s attorney fees.

Lastly, remember that the process is not free. The Clerk of the Superior Court requires a divorce filing fee of $349.00. Your spouse will then need to submit a response to the initial divorce filing, which carries a fee of $274.00.

The Role of the Preliminary Injunction in a Divorce

When undertaking a divorce process in Arizona, one key document you must file is the Initial Injunction.

This legal tool takes effect immediately for the spouse initiating the Petition for Dissolution of Marriage. For the other spouse, it becomes effective once it’s served, along with other divorce initiation papers.

Sanctioned by the Clerk of the Court, the Initial Injunction is a legal mandate designed to restrain specific actions the court deems inappropriate during divorce proceedings.

Because it carries the weight of a court order, non-compliance could lead to contempt of court charges and subsequent penalties.

Understanding the Initial Injunction and its stipulations is critical to avoid legal pitfalls.

Here are the key prohibitions outlined by the injunction:

  • Concealing community earnings or property from your spouse is disallowed.
  • Taking a loan against the marital property is not permitted.
  • Selling or gifting communal property is off-limits unless your spouse has written authorization or court approval. There are exceptions for necessary business transactions or sales necessary to meet basic needs like food, shelter, or clothing or to cover court fees and attorney fees related to the divorce proceedings.
  • Harassment or mistreatment of your spouse or children is forbidden.
  • Physical abuse or threats towards your spouse or children is strictly prohibited.
  • You cannot remove minor children shared in your marriage from Arizona without a written agreement between you and your spouse or a Court Order.
  • Neither spouse can remove the other or the minor children from insurance coverage, including medical, hospital, dental, automobile, and disability insurance. Maintaining all insurance coverage in full force and effect is mandatory.
  • Each party is barred from transferring, encumbering, hiding, selling, or otherwise disposing of any joint or communal property, except in everyday business transactions, necessities of life, or to pay court and reasonable attorney fees related to the divorce, without written consent from the other spouse or court approval.
  • Both parties are prohibited from causing disturbances or committing acts of violence against the other spouse or any natural or adopted child of the parties.
  • Neither party can remove any natural or adopted minor child residing in Arizona from the court’s jurisdiction without prior written consent from the other party or court permission.
  • The Order is effective against the filing spouse (the Petitioner) upon filing the Petition with the court and against the other party (the Respondent) upon being served or upon actual notice of the Order, whichever comes first. This Order stays in effect until the court orders otherwise or a Decree of Dissolution, Annulment, or Legal Separation is entered.
  • The Respondent must be served a copy of this Order and the Petition for Dissolution, Annulment or Legal Separation, the Summons, and other required court papers.
  • This is a formal Court Order. Non-compliance can result in contempt of court charges. You may also be arrested and prosecuted for interference with judicial proceedings and other crimes committed by disregarding this Order.
  • Either spouse can file a certified copy of this Order with their local law enforcement agency. A certified copy can be obtained from the Clerk of the Court that issued the Order. If any changes are made to this Order, and you’ve filed a certified copy with your local law enforcement agency, you must inform them of the modifications.

The Importance of Filing the Summons in the Divorce

Serving as an official decree from the court, the Summons is mandatorily delivered to the respondent spouse alongside the rest of the divorce documentation.

Its purpose is to inform the other party of the divorce petition lodged against them and provide instructions regarding the next steps.

The Summons highlights the necessity for the respondent spouse to promptly submit their Answer to the Petition for Dissolution of Marriage. It underscores the potential consequences of failing to do so, including a default judgment issued by the court and the divorce proceedings moving forward without their participation.

Moreover, the Summons enlightens the respondent’s spouse on where they can obtain copies of all pertinent court documents, ensuring transparency and accessibility of information.

It reiterates the court’s commitment to providing reasonable accommodations for individuals with disabilities upon request, ensuring a fair and inclusive legal process.

Lastly, it brings attention to the possibility of seeking court conciliation services counseling, a resource aimed at facilitating reconciliation, if either party is inclined to make efforts towards saving their marriage.

The Function of the Sensitive Data Sheet

In Arizona’s divorce process, the Sensitive Data Sheet is a critical document that requires submitting personal information concerning you, your spouse, and any children involved.

You’re expected to provide necessary details such as your names, contact information – including addresses, phone numbers, and email addresses- and social security numbers for both spouses.

Additionally, you must supply the birth dates for all parties involved, including children and the children’s social security numbers. Other required information includes the names and addresses of both spouses’ places of employment.

Most records in an Arizona divorce case are open to public access, meaning anyone can request and obtain copies of these documents. However, the Sensitive Data Sheet is a notable exception due to the private information it contains. Therefore, the Clerk of the Court keeps this document from public access to protect your privacy.

It’s completely acceptable if you don’t have every piece of information asked for on the Sensitive Data Sheet.

The court will not dismiss your divorce filing if some sections are left blank. Nonetheless, it is advised to fill in ‘unknown’ in any area where information isn’t available, rather than leaving it empty, to maintain the completeness of the form.

What to Know About the Notice to Creditors

During a divorce in Arizona, issues regarding handling debts to creditors often arise, leading to confusion for many.

It’s essential to understand that if a debt was accumulated while you were married, you and your spouse bear the responsibility for it, regardless of whose name is attached.

One of the documents you must complete when filing for divorce in Arizona is the Notice to Creditors. This document serves as a reminder to both parties that they share responsibility for all communal debts.

Additionally, the Notice to Creditors clarifies that even if the court decrees one spouse is responsible for settling a debt, both parties remain liable to the creditor. This is because the court’s order binds only the spouses, not the creditor, who isn’t a party in the divorce proceedings.

Furthermore, the Notice to Creditors enlightens you about your right to request your spouse’s credit report. You can do this by filing a motion with the court.

Moreover, the form allows you to contact creditors directly to obtain information on account balances and payment details, even if your name isn’t attached to the account.

The Notice of Right to Convert Health Insurance

As part of the divorce process in Arizona, a Notice of Right to Convert Health Insurance is typically served.

It ensures that parties know their right to maintain health insurance coverage post-divorce, under the former spouse’s policy, usually for a limited time.

Under Arizona law, if you and your children are beneficiaries of your spouse’s health insurance plan during the marriage, you have the legal right to transfer that policy into a separate one under your name.

Importantly, insurance companies are prohibited from declaring you uninsurable in this situation.

This provision also applies to your children if you have primary custody and are their main caregiver.

The Parent Information Program Class Notice

In Arizona, it’s mandatory for every parent undergoing a divorce to participate in a Parent Information Program Class.

This requirement is waived for those who do not have children.

This instructional session aims to equip you with knowledge of the potential impacts of divorce on your children and offers constructive strategies to tackle these issues.

Resolving matters concerning custody and parenting time becomes more straightforward when parents prioritize their children’s best interests. A straightforward parenting plan can be established when parents agree on child custody and the schedule for spending time with their kids.

Neglecting to take the course could lead to penalties and may delay the court’s issuance of a final divorce decree in Arizona.

You must submit a Notice of Parent Information Program Class when you initially file for divorce in Arizona.

This notice elucidates the obligations associated with attending the class and provides a compilation of places where you can fulfill the Parent Information Program class requirement.

Filing for a Contested Versus Filing for an Uncontested Divorce in Arizona

Whether contested or uncontested, your divorce’s path will influence the type and number of documents required.

Whether you are initiating a contested or uncontested divorce in Arizona, the prerequisites for filing are identical.

However, in an uncontested divorce scenario, the parties can present their settlement agreement to the court after the other spouse has been served the Petition for Dissolution and accompanying legal paperwork for 60 days.

Stephanie Villalobos, LP

At De Novo Law, we stand ready to help you understand your options, guide you through the process, and support you in making the right decision for you and your family.

Whether you’re seeking to halt a divorce or need assistance moving forward with the process, we’re here to provide the guidance and support you need.

Contact De Novo Law today at (480) 725-2200 to schedule a free consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

How to Initiate a Divorce and Tell Your Spouse

What is the First Step to Take When You Want to Start a Divorce?

If you want to get a divorce in Arizona, the first step to start the process is to determine if you meet the residency requirements for filing.

To start a divorce process, one spouse must have lived in Arizona for at least 90 days before filing. Once you’ve established that you meet the residency requirement, the next step is to select your grounds for divorce. Arizona is a no-fault state for divorce, which you can learn more about what that means in this article.

You will then need to prepare and file all necessary divorce paperwork with your local County Clerk’s office. Be sure to include certified copies of all relevant documents, such as birth certificates and proof of residence.

Finally, you will need to serve your spouse with a copy of the papers. This can usually be done by mail or through personal service via a process server or deputy sheriff.

Following these steps should help ensure that the process goes as smoothly as possible when you start a divorce.

Is Arizona a No-Fault State for Divorce?

When it comes to divorce, the laws governing it vary by state. When it comes to divorce, Arizona is considered a no-fault state. This means that neither party has to prove any wrongdoing or fault to start a divorce. This makes it easier for couples to dissolve their marriage, as it eliminates the need to have blame for the breakdown of the relationship.

Arizona is one of many states that have adopted a no-fault divorce system. This means that couples can obtain a divorce without having to go through the difficult process of proving fault or wrongdoing.

In Arizona, couples must only state that their marriage has had an irretrievable breakdown, and this is enough to qualify for a divorce.

If you are seeking a divorce in Arizona, it is important to understand the legal process and requirements. While it is possible to file for divorce without the help of an attorney, it is highly recommended that you seek the assistance of a legal paraprofessional.

A legal paraprofessional can help you navigate the complexities of divorce proceedings, ensure that all necessary paperwork is filed correctly and on time, and represent your interests in court.

In conclusion, divorce laws can vary significantly from state to state, and it is important to understand the rules and requirements to start a divorce in Arizona.

If you are seeking a divorce in Arizona, the good news is that it is a no-fault state. However, it is still highly recommended that you seek the assistance of a legal paraprofessional to ensure that your rights and interests are protected throughout the divorce process.

Steps to Serve Someone With a Divorce

Serving someone with a divorce in Arizona is not an easy task. Below are the three general steps to serve divorce papers and start the process of a divorce in Arizona.

  1. As stated above, collect all the necessary paperwork and file it with your local court. This includes filing a Petition for Dissolution of Marriage, which outlines the details of your divorce agreement and any relevant financial information, such as assets and debts.
  2. After filing, you must serve the opposing party with the paperwork. This can be done by mail or in person, but most courts prefer personal service. If you cannot locate the other party, you may have to ask the court for permission to serve them via publication in a newspaper or online.
  3. After serving them, you must wait for a response before taking further action.

Before Filing for Divorce: Do I Tell My Spouse?

There is no easy answer to the question of whether or not you should tell your spouse you want a divorce. On the one hand, it might be beneficial to tell your spouse your intentions to give them a chance to prepare and make any necessary arrangements.

Telling your spouse may also help ease some tension and animosity that can arise when one spouse files for divorce without warning. However, telling your spouse can open up a whole new range of potential issues and problems, especially if they are not expecting it. 

Ultimately, it is up to you to decide whether or not telling your spouse before filing for divorce is the best option for you and your family. You should carefully weigh the pros and cons before making a decision.

What Happens After You Serve Someone With a Divorce?

Once a divorce is served in Arizona, the court will hold a hearing to determine the terms of the divorce. Both parties can present their case during this hearing and argue for their desired outcome. The judge will consider all relevant factors, such as any prenuptial agreement, spousal support arrangements, child custody, and visitation rights.

The judge may approve the terms without further proceedings if the couple can agree on their own before appearing in court. Once the judge signs off on the order of dissolution or legal separation, it becomes legally binding and enforceable by law. In some cases, a post-divorce decree may be issued, including further details on asset distribution and debt allocation.

What Steps Can I Take to Best Protect My Assets During a Divorce?

Divorce can be a stressful time, especially when it comes to protecting your assets.

Here are some steps you can take to ensure that you get the best outcome during a divorce: make sure to keep records of all financial accounts and assets, including bank statements, tax returns, and other documents; have an honest discussion with your spouse about dividing assets fairly; consult with a qualified legal professional or financial advisor who can help guide the process; and create a budget that takes into account potential changes in income due to the divorce.

Additionally, be sure to review any prenuptial agreements or other contractual arrangements before making any decisions. Taking these steps can help protect your assets during a divorce.

How Does Getting a Divorce Affect My Retirement?

Getting a divorce in Arizona can significantly impact your retirement plans. The division of assets and debts, as well as alimony payments, can reduce the amount of money you have available to save for retirement.

In some cases, the court may also order that one spouse pay the other’s share of Social Security benefits or other retirement plans. Additionally, if you are receiving spousal maintenance payments, those payments may be taxable income which could reduce your ability to save for retirement or increase your taxes due.

Finally, if you had joint accounts with your former spouse, those accounts must be divided during the divorce proceedings. They may affect how much you can contribute to investments or other retirement savings accounts. Understanding all of these potential impacts before getting a divorce in Arizona is important to plan properly for your future retirement.

What to Avoid Doing During a Divorce

During a divorce, it is important to remember that emotions can be high and that it is essential to keep a clear head to make the best decisions. It is important to avoid engaging in any activities or behaviors that could complicate the situation further or damage your reputation, even on social media. This means avoiding any angry outbursts, manipulation, or attempts to control the other party.

Additionally, it is not recommended to solely take legal advice from friends or family members as they may not be qualified, and their advice may be wrong. 

Finally, try your best to remain civil with your former partner, and remember that although you may not agree on every issue, both of you have rights and should be respected throughout the process.

Are There Different Steps I Should Take When Initiating a Divorce With Children Involved?

When asking for a divorce with children involved, there are certain steps you should take to ensure that the process is as smooth as possible. First and foremost, it is important to consider your children’s best interests and put their needs first. You should discuss the reasons for the divorce with them in an age-appropriate manner.

Additionally, both parties should prioritize co-parenting, focusing on what is best for the children rather than their own personal differences. 

Lastly, it is important to be open and honest with your children while also providing support and guidance throughout this difficult time. Following these steps can help make the divorce process easier for everyone involved.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing a divorce is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning custody arrangements.

Call us today at (480) 725-2200 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

How is Spousal Support Determined? What if My Partner Makes More Money Than Me?

What is Spousal Support?

Spousal support, also known as alimony or maintenance, is the financial support one spouse pays the other after a divorce.

It is intended to help the receiving spouse maintain their standard of living during and after the divorce.

Spousal support may sometimes be awarded in a lump sum or periodic payments.

Spousal support can be modified or terminated when circumstances change; for example, if either party remarries or in cases of extreme hardship.

 

 

How Judges Decide Alimony Amounts in Arizona

In Arizona, judges determine alimony amounts on a case-by-case basis.

Factors that will be considered include the duration of the marriage, the age and health of each spouse, the standard of living established during the marriage, whether one spouse sacrificed career opportunities for the benefit of the other, and any other relevant factors.

Judges must also consider spouses’ income and potential earning capacity when determining alimony amounts. In some cases, judges may consider additional items such as family assets, debts, or property division agreements.

Ultimately, judges will strive to create an equitable arrangement that provides financial security for both parties after the dissolution of their

If My Spouse Makes More Money than Me, Can I Get Alimony?

In Arizona, a spouse can receive alimony if their spouse makes more money than them.

Alimony is a court-ordered payment made by one spouse to the other to help the receiving spouse maintain their standard of living during and after a divorce. The court determines the amount and duration of alimony payments based on several factors, such as earning capacity and financial need.

Additionally, Arizona courts may consider any existing prenuptial or postnuptial agreements when determining alimony. Ultimately, courts will consider all relevant facts when determining whether to award alimony and how much should be paid.

 

 

 

What is the Formula for Calculating Spousal Support?

The formula for calculating spousal support in Arizona is based on several factors, including the length of the marriage, each spouse’s income, and their respective financial obligations.

Generally speaking, the longer the marriage lasts, the higher the spousal support amount may be.

When calculating spousal support, the court will also consider other factors, such as each partner’s education level, age, health condition, and earning capacity. Depending on the situation, either party may be ordered to pay support or agree to an arrangement that works best for them.

Ultimately, it is up to a judge to determine how much support will be paid and for how long.

 

 

 

Top 5 Most Frequently Asked Questions About Spousal Support

 

How long does spousal support last in Arizona?

The length of spousal support in Arizona is determined by several factors, including the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage.

In most cases, spousal support is ordered for a specific period of time, after which it will end.

 

Can spousal support be modified in Arizona?

Yes, spousal support can be modified if circumstances change, such as a change in income or job status, or if the recipient spouse gets remarried.

 

 

Can spousal support be terminated in Arizona?

Yes, spousal support in Arizona can be terminated if the recipient spouse remarries or if there is a significant change in circumstances, such as a change in income or job status.

 

 

What happens if a spouse fails to pay spousal support in Arizona?

If a spouse fails to pay spousal support in Arizona, the recipient spouse can ask the court to enforce the support order. This may include wage garnishment, property liens, or other enforcement actions.

 

 

Is spousal support tax-deductible in Arizona?

Under federal tax law, the person paying spousal support can deduct the payments from their taxable income, while the recipient must report the payments as taxable income.

 

Stephanie Villalobos, LP

A step that can be taken if you seek more information about spousal support is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make significant decisions concerning alimony.

Call us today at 480-725-2200 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Being Retired but Wanting a Divorce: Understanding the Impact on Your Benefits

Navigating Divorce Can Be Challenging

Learn the implications of getting a divorce while being retired. Choose from any of the topics below.

  • Considering a Divorce During Retirement?
  • Social Security Benefits
  • Pension Benefits 
  • Other Assets
  • How Can I Keep My Retirement Benefits When I Divorce?
  • Speak With a Legal Paraprofessional Regarding a Divorce

Considering a Divorce During Retirement?

Retirement is often viewed as a time to relax and enjoy the fruits of one’s labor. However, for some individuals, it may also be a time of transition and change, such as the decision to divorce

Divorce can significantly impact one’s retirement benefits and financial security, especially for those who are already retired.

In this article, we will discuss the impact of divorce on retirement benefits, including Social Security, pensions, and other assets.

Social Security Benefits

Social Security benefits are a crucial source of income for many retirees. However, divorce can affect an individual’s eligibility for Social Security benefits and the number of benefits they receive.

  • Eligibility: An individual who is divorced may still be eligible for Social Security benefits based on their own work record, or they may be eligible for benefits based on their former spouse’s work record. The eligibility for benefits based on a former spouse’s work record is only available if the marriage lasted at least 10 years.
  • Amount of Benefits: The number of benefits an individual receives may be affected by divorce. If an individual is eligible for benefits based on their own work record, their earnings history will determine the number of benefits. If an individual is eligible for benefits based on their former spouse’s work record, their earnings history will determine the number of benefits.

 

Pension Benefits

Pensions are another vital source of income for retirees. However, divorce can also have a significant impact on pension benefits.

  • Qualified Domestic Relations Order (QDRO): A Qualified Domestic Relations Order (QDRO) is a legal order that is used to divide a pension in a divorce. A QDRO is used to divide a pension plan covered by the Employee Retirement Income Security Act (ERISA), and it typically requires the plan administrator’s approval. The QDRO is a separate document from the divorce decree and must meet specific requirements to be valid.
  • Impact on Benefits: The impact of a QDRO on pension benefits will depend on the specific terms of the order and the type of pension plan. For example, a QDRO may provide for a lump-sum distribution or a specific percentage of the benefits to be paid to the former spouse.

Other Assets

Divorce can also impact other assets, such as retirement accounts, investment portfolios, and real estate.

  • Retirement Accounts: Retirement accounts, such as 401(k) plans and IRAs, can be divided in a divorce. The process for dividing these assets will depend on the type of account and the specific terms of the divorce settlement.
  • Investment Portfolios: Investment portfolios, such as stocks and mutual funds, can also be divided in a divorce. The process for dividing these assets will depend on the specific terms of the divorce settlement.
  • Real Estate: Real estates, such as a primary residence or vacation home, can also be divided in a divorce. The process for dividing these assets will depend on the specific terms of the divorce settlement.

 

Additional Helpful Resources

  • Social Security Administration: The Social Security Administration provides information and resources on Social Security benefits, including information on eligibility and the impact of divorce.
  • Pension Rights Center: The Pension Rights Center provides information and resources on pension benefits, including information on Qualified Domestic Relations Orders (QDROs) and the impact of divorce.
  • American Bar Association: The American Bar Association provides information and resources on the legal aspects of divorce, including information on dividing

How Can I Keep My Retirement Benefits When I Divorce?

When it comes to divorce and retirement benefits, it is essential to understand how the law applies to your situation. You should consult a legal professional or financial advisor to protect your rights.

Generally speaking, you can keep your retirement benefits when you divorce if they were acquired during the marriage.

The court may order that the benefits be divided between the two spouses, depending on state laws. Additionally, you may also be entitled to a portion of your spouse’s retirement benefits depending on their age and other factors.

Lastly, make sure to keep records of all pension plans and investments in case they need to be used as evidence in court. Taking these steps allows you to maintain ownership of your retirement benefits after a divorce.

Tip: If you seek information about a divorce, consider using a much more affordable alternative to a family lawyer and speak with a legal paraprofessional.

 

Stephanie Villalobos, LP

A step that can be taken if you see yourself wanting a divorce is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make significant decisions concerning your divorce and retirement benefits.

Call us today at 480-725-2200 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Divorce Dilemma: Settle or Go to Trial

Going Through a Divorce Can Be Challenging to Navigate

Learn how different circumstances in a divorce can impact whether you choose to settle or go to trial. Choose from any of the topics below.

  • Can You Get a Divorce Without Going to Court?
  • What is a Divorce or Family Law Trial?
  • What Makes a Divorce Have to Go to Trial?
  • What Happens if My Divorce Goes to Trial?
  • What Should I Expect on the Day of My Divorce Trial?
  • Is it Better to Settle Your Divorce or Go to Trial?
  • Speak With a Legal Paraprofessional Regarding a Divorce Trial

 

Can You Get a Divorce Without Going to Court?

In Arizona, it is possible to get a divorce without having to attend court proceedings.

This process is known as an uncontested divorce and can be done in a few simple steps. Firstly, both parties must agree on the terms of the divorce, including the division of assets and liabilities, child custody and visitation rights, alimony payments, and more. 

Once these terms have been agreed upon, the couple must complete the necessary paperwork and submit it to their local court for approval. With this formality out of the way, the divorce can be finalized without any further court hearings or legal proceedings.

An uncontested divorce can save time and money compared to traditional methods of going through court proceedings.

What is a Divorce Or Family Law Trial?

A divorce or family law trial is a formal court proceeding that occurs when two parties cannot agree about a divorce or other family-related issues.

During the trial, both sides present their case to the judge, who then decides based on the evidence presented. Both sides can call witnesses and present documents related to the dispute. The judge also considers testimony from any experts called by either side, such as financial advisors or psychologists.

At the end of the trial, the judge will render a verdict and issue orders based on his or her findings. This can include decisions related to child custody, visitation rights, support payments, and the division of assets.

What Makes a Divorce Have to go to Trial?

When a divorce cannot be settled out of court, it must go to trial. This is usually due to a disagreement between the spouses on matters such as child custody, alimony, division of property, etc. In some cases, both parties may agree on certain issues but not all of them, making it necessary for a trial to settle the remaining matters.

Additionally, a trial may become necessary if one party doesn’t respond or participate in the settlement process properly.

Ultimately, when two parties cannot agree, a divorce trial is often needed to reach an acceptable resolution for both sides.

What Happens if a Divorce Goes to Trial?

If a divorce goes to trial in Arizona, both parties will be expected to provide all relevant evidence and testimony to the court. The court will then review this information and decide based on the applicable laws and statutes.

Generally, the court will consider any relevant factors when determining, such as the best interests of any children involved, financial contributions by each party during the marriage, and any other issues pertinent to the case.

Suppose an agreement can’t be reached between the two parties. In that case, a judge will decide on all matters regarding property division, child custody, child support, alimony payments, and other related matters.

The final judgment is typically issued within 30 days of trial, although this time frame may vary depending on the case’s complexity.

Do You Need a Legal Professional for a Divorce Trial?

Yes, you need a paralegal professional or attorney for a divorce trial. They can help protect your rights and interests throughout the process. Also, they can advise on any legal matters that may arise during the proceedings, such as division of property, spousal support, and child custody.

Additionally, they will be able to help you understand the legal implications of any settlement or court order that is presented to you. An experienced legal professional can also provide invaluable assistance in negotiating a fair settlement between both parties.

Tip: If you are seeking information about settling or going to court, consider using a much more affordable alternative to a divorce lawyer and speak with a legal paraprofessional.

 

What Should I Expect On The Day Of My Divorce Trial?

 

You should expect to arrive at the court on time on the day of your divorce trial. You may need to bring certain documents with you, such as a financial affidavit and other relevant information.

The trial will start with each party’s attorney introducing themselves and their client. The judge might then ask you questions about the facts of your case and each party’s testimony. The opposing attorney may also ask you questions. After all of the evidence has been presented, the judge will decide and issue an order outlining how assets, debts, and other matters are to be divided between you and your spouse.

Depending on the case’s complexity, this process can take anywhere from one day to several days. It is important to remain calm and focused throughout your trial to accurately answer any questions posed by the judge or attorneys in attendance.

 

Are Divorce Trials Public?

In Arizona, divorce trials are generally public proceedings. This means that members of the public may attend and observe the trial, although they are not usually allowed to speak or participate in any way. The court will usually allow a limited amount of media coverage of the proceedings as well. While it is possible to request a closed hearing, this is not common, and most requests for privacy in family matters are typically denied.

Generally speaking, if you are involved in a divorce proceeding in Arizona, you should expect your case to be heard in open court with the possibility that it may be reported on.

Is it Better to Settle Your Divorce or Go to Trial?

When deciding whether to settle your divorce or go to trial, it is important to consider both options carefully. Settling your divorce can be beneficial because it often allows for a quicker resolution and can result in fewer costs than if you were to go to trial.

However, going to trial may provide more control over the outcome of your divorce since the court can make decisions about assets, property division, and other important matters that are difficult to negotiate between the two parties.

Ultimately, it comes down to personal preference and what works best for each individual’s situation.

If there is no agreement on any of the issues involved in the divorce, it may be necessary to go to trial; however, if both parties are willing to compromise and find common ground, settling out of court can be a much more efficient option in a divorce case.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing a divorce trial is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning custody arrangements.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

How To Get a Divorce When Your Spouse is in the Military?

Navigating Military Life: How to Go About Getting a Divorce

Learn how having a partner in the military can impact divorce. Choose from any of the topics below.

  • How to Get a Divorce When Your Spouse is in the Military in Arizona
  • How is Military Divorce Different from Citizen Divorce?
  • Advantages of Annulment and Legal Separation for Military Couples
  • Frequently Asked Questions About Divorce in a Military Family
  • Speak With a Legal Paraprofessional About Military Divorce

Getting a divorce is never easy, but the process can be even more complicated when your spouse is in the military.

A Military divorce case has its own set of unique rules and challenges, and it is vital to understand them to navigate the process.

In this article, we will explore how to get a divorce when your spouse is in the military in Arizona and answer some frequently asked questions about military divorce.

 How to Get a Divorce When Your Spouse is in the Military in Arizona

  1. Understand the Service Member’s Civil Relief Act (SCRA)
  2. The Service Member’s Civil Relief Act (SCRA) is a federal law that protects military service members in civil legal proceedings. One of the protections is a stay of proceedings for up to 90 days for service members on active duty. This means that your divorce proceedings may be delayed if your spouse is on active duty.
  3. File for divorce in the proper jurisdiction
  4. When your spouse is in the military, filing for divorce in the proper jurisdiction is essential. In Arizona, if your spouse is a resident of the state or stationed in the state, you can file for divorce in Arizona. If your spouse is not a resident or stationed in the state, you may need to file for divorce in the state where they are stationed or where they reside.
  5. Consider contacting a paralegal professional to advise you through the divorce process.

How Is a Military Divorce Different from Citizen Divorce?

A divorce in a military family is different from a civilian divorce in a few key ways:

  • Jurisdiction: Military members and their families are often located in different states and countries due to their service, which can complicate the process of filing for divorce. In a civilian divorce, both parties must typically be residents of the state where they file, but military members can file for divorce in the state where they are stationed or reside.
  • The Service Member’s Civil Relief Act (SCRA): The SCRA provides specific protections for military service members in civil legal proceedings, including a stay of proceedings for up to 90 days for service members on active duty. This can delay the divorce proceedings and may require special arrangements to serve the divorce papers.
  • Division of Military Pension: Military pensions are considered marital property and are subject to division in a divorce; however, the division process can be complex, and it is essential to work with an attorney who has experience in this area to ensure that your share of the pension is calculated correctly.
  • Child support and custody: The nature of military service can make child custody and support arrangements more complicated, mainly if one parent is deployed or stationed in a different location. The military provides support for military families going through a divorce, including legal assistance and counseling services.
  • Health care and other benefits: Divorce can affect a military member’s eligibility for certain benefits, such as health care and housing allowances. It’s important for military personnel to understand how divorce may impact these benefits and to plan accordingly.

Advantages of Annulment and Legal Separation for Military Couples

There may be advantages for a military couple to consider annulment or legal separation rather than divorce in certain situations. Some of the advantages may include the following:

  • Preservation of Benefits: In some cases, annulment or legal separation may allow a military member to retain certain benefits, such as health care and housing allowances, that would be lost in a divorce.
  • Avoiding a “Fault” Divorce: Annulment or legal separation may be a way for a military couple to end their marriage without having to prove fault, which can be complicated and emotionally difficult in a military divorce.
  • Religious reasons: Some religious beliefs prohibit divorce; in such cases, an annulment or legal separation may be more acceptable as they allow the couple to end the marriage without going against their religious beliefs.
  • Keeping a lower profile: Annulment or legal separation may not be as public as a divorce and may be a way for military couples to avoid the publicity and scrutiny that can come with a divorce.
  • Maintaining insurance coverage: In some cases, annulment or legal separation may allow a military member to maintain insurance coverage for a spouse and children, which may be lost in a divorce.

It’s important to note that annulment and legal separation may not be possible or appropriate in every case, and each option’s advantages and disadvantages should be considered case-by-case basis.

Frequently Asked Questions About Divorce in a Military Family

Does a Military Spouse Keep Benefits After Divorce?

In Arizona, the answer to whether a spouse will keep military benefits after divorce depends on several factors. Generally, if the service member and the spouse were married for at least 10 years while the service member was actively serving in the military, then the spouse may be entitled to some of those benefits. The number of benefits that may be received will depend on how long they were married and what type of benefit it is.

For example, if it is healthcare coverage or access to base housing, then there may be continued eligibility after divorce. However, if it is a retirement pension or death benefits, then those are not likely to continue for the ex-spouse.

Will a Divorce Affect a Military Pension?

A divorce can have a significant effect on a military pension. Depending on the type of pension, it can be divided between spouses as part of the divorce settlement. In this case, one spouse may receive a portion of the other’s pension, or both parties may receive equal portions.

Suppose the couple was married for 10 years or more, and at least one of them had served in active duty for at least 20 years. In that case, the former spouse is eligible to receive a portion of the other’s retirement pay under the Uniformed Services Former Spouses’ Protection Act (USFSPA). Even if these conditions are not met, state laws may provide for the division of pensions in cases where there was an extended marriage.

Can I Get a Divorce While My Spouse is Deployed?

Yes, you can get a divorce while your spouse is deployed. However, the Service Member’s Civil Relief Act (SCRA) provides a stay of proceedings for up to 90 days for service members on active duty, which may delay the divorce proceedings.

Can I Get Alimony If My Spouse is in the Military?

Yes, you can receive alimony if your spouse is in the military. Alimony is determined on a case-by-case basis, considering factors such as the length of the marriage, the income of each spouse, and the standard of living during the marriage.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing challenges regarding divorce is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning divorce or legal seperation.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Who Gets the Dog in a Divorce? Understanding Pet Custody and Visitation

Pet Custody and Visitation Can Be Difficult to Navigate 

Learn how pet custody and visitation works. Choose from any of the topics below.

  • Pet Custody vs. Pet Visitation
  • How About a Poochie Prenup?
  • Factors to Take into Account About Pet Custody and Visitation
  • Speak With a Legal Paraprofessional About Pet Custody

Since many people regard their pets as family members, the subject of who gets to keep them and how often can be a bone of contention during a divorce.

Pets were frequently considered property in divorce proceedings and given to one party depending on financial factors. However, there has been a change in recent years toward appreciating the emotional connection between family pets and their owners and the significance of their well-being.

This article will cover some crucial points for pet owners going through a divorce and how pet custody and visitation operate in divorce.

 Pet Custody vs. Pet Visitation

Pets are often not considered children during a divorce but rather as property. This means that the court will decide primarily on the parties’ financial interests rather than what is best for the pet.

Pet custody: After a divorce, whose side will provide the pet’s primary care and supervision? These choices could relate to the pet’s housing, health treatment, and training.

Pet visitation: The time allotted for the non-custodial party to spend with the pet is referred to as pet visitation. This could involve frequent visits, time off, or unique events like holidays.

It’s crucial to reach an arrangement with your ex-spouse and seek legal counsel if that’s not possible.

It’s important to understand that pet custody and visitation are not legally enforceable in Arizona.

How About a Poochie Prenup?

Poochie Prenup is a new concept gaining traction in Arizona. The idea is to create a legally binding agreement between pet owners and their pets, allowing both parties to clearly define their rights and responsibilities.

This prenup helps ensure that both parties are protected in the event of an unexpected separation, such as if one party dies or moves away. It also allows owners to define how they would like their pet to be cared for if something were to happen to them and can provide financial security for the pet’s future. 

Poochie Prenups can also help ensure that any conflicts between pet owners and their pets are resolved fairly and amicably rather than through lawsuits or other lengthy legal proceedings. With this innovative concept, pet owners across Arizona can finally rest assured that their beloved animals will be taken care of should anything ever happen to them.

Factors to Take into Account About Pet Custody and Visitation

There are a few essential factors to consider when considering pet custody and visitation.

Firstly, the needs of the pet must be taken into account. For example, if an animal needs frequent medical attention or regular exercise, that should play into the arrangement.

Additionally, it is essential to consider which home will provide the best environment for the pet; this includes ensuring that each home has adequate space and supplies such as food and toys. Furthermore, the financial responsibility of caring for the pet should be discussed between both parties.

Lastly, visitation rights should be determined to work best for both owners and their pets to ensure that all involved parties are comfortable with the arrangement. Taking these factors into account can help ensure everyone involved is happy with the arrangement and that the pet’s best interests are considered.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing challenges regarding pet custody is to contact an experienced paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning your pet.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.