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2023 Guide to Filing for a Divorce with Minor Children in Arizona

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Divorce with a Minor Child in AZ – How a Paraprofessional Can Help

Divorce is never an easy process, especially when it involves children.

As parents, your top priority is the welfare and happiness of your children, and navigating the complexities of divorce with a minor child can be challenging and emotional.

 

At De Novo Law, our licensed legal paraprofessionals specialize in Arizona divorce and family law, and we are here to help you through this challenging time in Phoenix, Arizona.

We have the expertise, compassion, and dedication to guide you through the divorce decree process and ensure your children are well cared for.

In the state of Arizona, some specific laws and procedures govern divorce with minor children, such as to be eligible to file a petition for dissolution of marriage, you or your spouse must have lived in Arizona for at least 90 days.

These laws are designed to protect the child’s best interests and ensure that both parents have a fair chance at custody and parenting time.

We will cover the following topics:

According to recent statistics from the Arizona Department of Health Services, there were approximately 23,000 divorces in Arizona in 2019.

Of those divorces, approximately 12,000 involved children under 18 years old.

These numbers highlight the importance of having a knowledgeable and experienced legal paraprofessional on your side during a divorce with a minor child.

Arizona Revised Statutes Governing Divorce with Children Involved

The state of Arizona has a comprehensive set of laws known as the Arizona Revised Statutes (ARS), which along with the Arizona Supreme Court, govern filing for divorce cases involving children.

Some of the key statutes include:

  • ARS 25-312(1): This statute requires that either spouse is required to be an Arizona resident for a minimum of 90 days.
  • ARS 25-402: This statute defines the different types of custody in Arizona, including legal decision-making authority and parenting time.
  • ARS 25-403: This statute outlines the factors courts consider when determining the best interests of the child in custody cases.
  • ARS 25-403.01: This statute provides guidelines on joint custody and
    the development of parenting plans.
  • ARS 25-403.08: This statute discusses how to modify custody orders in the event of changed circumstances.
  • ARS 25-501: This statute establishes the child support guidelines in Arizona, including the obligation of both parents to provide financial support and what they need to pay.

Understanding these statutes and their implications is essential for getting a divorce with a minor child in Arizona.

A legal paraprofessional from De Novo Law can help you understand your rights and responsibilities under these laws and ensure that your child’s best interests are protected.

Understanding Child Custody and Parenting Time 

In Arizona, child custody encompasses legal decision-making authority and parenting time.

Legal decision-making authority refers to the right and responsibility to make important decisions about a child’s upbringing, such as education, healthcare, and religious upbringing.

Parenting time and custody, on the other hand, refers to the physical custody of the child and the time each parent spends with the child. 

Types of Legal Decision-Making Authority

Arizona courts can award either sole or joint legal decision-making rights, depending on the circumstances of the case:

  • Sole Legal Decision-Making Authority: One parent is granted the exclusive right to make significant decisions regarding the child’s upbringing. The other parent, while still having parenting time, does not have the same
    decision-making authority.
  • Joint Legal Decision-Making Authority: Both parents share the right and responsibility to make important decisions about the child’s upbringing. This arrangement requires a high level of cooperation and communication between the parents. 

Parenting Time Arrangements

Parenting time arrangements and visitation can vary greatly depending on the child’s needs and the family’s specific circumstances.

Some standard arrangements include:

  • Equal Parenting Time: Both parents share parenting time equally or as close to equal as possible. This arrangement typically works best when both parents live close to each other and can maintain a cooperative relationship.
  • Primary and Secondary Parenting Time: One parent is designated as the primary caregiver, with the child spending most of their time with that parent. The other parent, designated as the secondary caregiver, regularly schedules time with the child.
  • Supervised Parenting Time: In cases where a parent’s ability to care for the child is questioned, the court may order supervised parenting time. This requires the presence of a third party during the parent’s time with the child to ensure the child’s safety and well-being.

Factors Considered in Determining Custody and Parenting Time

When determining custody and parenting time, Arizona courts  consider what is best for the children, taking into account factors such as: 

  • The child’s relationship with each parent
  • The child’s adjustment to home, school, and community
  • The mental and physical health of all individuals involved
  • Each parent’s ability to provide a stable, loving, and nurturing
    environment
  • The child’s wishes, if they are of an appropriate age and maturity level
  • The willingness of each parent to foster a positive relationship between the child and the other parent

Developing a Parenting Plan

In cases where joint legal decision-making authority is awarded, the parents must create a parenting plan that outlines the specifics regarding custody of children and parenting time arrangements.

The plan should address the following: 

  • A schedule for parenting time, including holidays, vacations, and special occasions
  • A method for making important decisions about the child’s upbringing
  • A process for resolving disputes related to the child’s care
  • Provisions for reviewing and modifying the parenting plan as needed

A legal paraprofessional from De Novo Law can help you understand the various aspects of custody and parenting time, develop a comprehensive parenting plan, and advocate for your interests in court proceedings.

Uncontested Divorce with Minor Children vs. Contested Divorce in Arizona

Divorces in Arizona can be either uncontested or contested, depending on whether the parties can agree on key issues such as custody, parenting time, and child support.

In an Uncontested Divorce, each spouse must agree on all aspects of the divorce, including the division of assets, marital property and debts, spousal support, and parenting arrangements.

This type of divorce typically results in a faster, less expensive, and less adversarial process.


Fictional Scenarios of an Uncontested Divorce.


Example 1: Sarah is a 35-year-old mother of two children living in Tempe, just outside Phoenix. She works as a high school teacher and has an amicable relationship with her soon-to-be ex-husband, Tom.

Sarah and Tom want to keep the divorce process as smooth and stress-free as possible for their children.

They aim to agree on all aspects of their divorce, including custody and child support, without needing court intervention.


Example 2: Mike, a 42-year-old father of one, lives in Scottsdale.

He runs a small business and has decided to end his marriage of 12 years with his wife, Emily.

Mike and Emily want to avoid a prolonged and expensive legal battle.

Their goal is to negotiate the terms of their divorce, including child custody and support, cooperatively and avoid unnecessary conflict.

In a Contested Divorce, however, the spouses cannot agree on one or more issues regarding the children or other areas.

The court must intervene to make determinations on their behalf.

Contested divorces with children involved can be more complex, time-consuming, and costly.

They may involve court hearings, mediation, or even a trial to resolve disputes related to the children’s best interests. 

Fictional Scenarios of a Contested Divorce with Minor Children.

Example 1: Jennifer, a 28-year-old mother of a young child, lives in Chandler.

She is a stay-at-home mom with a strained relationship with her husband, Daniel, who has a demanding career.

Jennifer and Daniel cannot agree on custody, parenting time arrangements, or the division of marital
assets.

She aims to assert her rights and achieve a fair outcome in the divorce process, ensuring her child’s best interests are protected.


Example 2: Steven, a 45-year-old father of three, lives in Glendale. He is a police officer and has been married for 20 years to his wife, Laura.

Steven and Laura have deep-rooted disagreements regarding child custody, support, and the division of their marital property.

Steven’s goal is to protect his rights and achieve a fair resolution in the divorce process that addresses the best interests of his children.

A legal paraprofessional from De Novo Law can help you understand the differences between uncontested and contested divorces, guide you through the necessary steps, and advocate for your interests in negotiations or court proceedings to help finalize a dissolution of marriage.

Arizona Child Support Laws 

In Arizona, both parents are required to provide financial support for their children.

The state has established child support guidelines, which consider factors such as each parent’s income, the number of children, and the amount of parenting time each parent has.

These guidelines help ensure that child support payments are fair and appropriate for each family’s unique circumstances.


The non-custodial parent typically pays child support to the custodial parent to assist with the costs of raising the child, such as housing, food, clothing, education, insurance coverage, and medical expenses.

It is important to note that child support payments are separate from spousal maintenance (alimony) and are specifically intended for the child’s needs.


Fictional Scenarios of a Child Support.

Example 1: Olivia, a 29-year-old mother of a young child, lives in Gilbert. She is a part-time retail employee and struggles to make ends meet.

Olivia needs to ensure that her child’s father, Nathan, fulfills his financial obligations to their child after the divorce.

Her goal is to establish an appropriate child support arrangement that takes into account both parents’ incomes and their
child’s needs.


Example 2: Jason, a 36-year-old father of two, lives in Surprise. He works as a construction worker and is concerned about his ability to financially support his children after the divorce.

The challenge is that Jason wants to ensure that his child support payments are fair and consider the financial circumstances of both him and his ex-wife, Jessica.

He wants to work with a legal paraprofessional who can help him through Arizona’s child support guidelines and establish an equitable child support arrangement that reflects both parents’ financial situations and their children’s needs.

A legal paraprofessional from De Novo Law can help you understand Arizona’s child support guidelines and calculate appropriate support payments that ensure that the support order is properly enforced. 

A licensed legal paraprofessional from De Novo Law can provide invaluable support and guidance throughout the divorce process, particularly when minor children are involved.

They can help you navigate the complexities of Arizona family laws, advocate for your interests, and ensure that your child’s
best interests are protected.


Some of the ways a legal paraprofessional can assist you include:

  • More affordable than traditional attorney’s fees at a family law firm
  • Explaining your rights and responsibilities under statewide Arizona law
  • Assisting with the preparation and filing of necessary documents and forms
  • Advising on custody, parenting time, and child support arrangements
  • Representing your interests in negotiations, mediation, or court hearings
  • Ensuring that custody and support orders are adequately enforced and modified when necessary
Stephanie Villalobos, LP

By working with a certified legal paraprofessional from De Novo Law, you can have peace of mind knowing that you have an experienced advocate on your side, helping you navigate the challenging divorce process with a minor child in Arizona.


If you are filing for a divorce with minor children in Arizona, contact De Novo Law today at (480) 725-2200 to schedule a free consultation.

Our legal paraprofessional can provide the support, guidance, and advocacy you need to protect your child’s best interests throughout the divorce process.

With over 30 years of experience and dedication, licensed legal
paraprofessional Stephanie Villalobos can help you navigate this difficult time and secure a brighter future for you and your children.

We are here to help you through this challenging time to ensure that your rights and interests are protected. 

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

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

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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

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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? 

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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?

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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

Stephanie Villalobos and Arizona’s Legal Paraprofessional Program Boost Outreach Efforts for Rural Communities

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Stephanie Villalobos, an LP with De Novo Law in Phoenix, has been collaborating with the Legal Paraprofessional Program at the Arizona Supreme Court in an effort to increase awareness and interest in this growing profession. The program aims to bring affordable legal services to Arizona’s rural communities which are currently in need of such assistance.

Arizona Legal Paraprofessional

The first event of their outreach campaign was held at the Arizona Paralegal Association (APA) 2023 Annual Legal Conference in April. This successful event educated participants on the LP Program and the opportunities available for paralegals to expand their careers. Additionally, the conference facilitated connections with professionals from collaborating fields, resulting in invitations to two more exciting events.

The second event, scheduled for June, is a collaboration with the APA and is the very first LP Townhall Meeting. The meeting will focus on Innovations in Justice: Arizona’s Legal Paraprofessional Program and will feature Q&A panel discussions with licensed LPs practicing in Arizona. Participants of the panel will include representatives from the Arizona Supreme Court LP Program and three LPs currently practicing law in Arizona, with De Novo Law representing LPs who have their own law firms. The number of registered attendees is increasing, and the organizers are eager to share their insights and answer incoming questions.
 
As the third collaborative event, the LP Program has been invited to attend and serve as a “Valued Partner” at the Maricopa County Bar Association Paralegal Division’s 2023 Annual Paralegal Conference in October. This prestigious gathering, organized by one of MCBA’s most active groups, is expected to bring in 150+ attendees, reaching out to those who couldn’t attend the APA Conference and Townhall.
Stephanie Villalobos, LP
Stephanie Villalobos is looking forward to building on these outreach efforts and fostering strong relationships within Arizona’s legal community, ultimately benefiting rural communities in need of affordable legal services.
Don’t miss your chance to learn more about the Legal Paraprofessional Program and be part of this essential transformation for rural Arizona communities. Register now for the upcoming events at https://www.azparalegal.org/event-5290381 and join this groundbreaking initiative!

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

Bringing Up a Postnuptial Agreement to Your Spouse: What are the Benefits?

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Navigating a Postnuptial Agreement Can Be Challenging

Learn why getting a postnuptial agreement might be the right fit for you and your spouse. Choose from any of the topics below.

  • What is a Postnuptial Agreement?
  • Why Should You Seek a Postnuptial Agreement?
  • What are Common Situations in Which a Postnup is Used?
  • How Do I Ask My Spouse For a Postnuptial Agreement? 
  • How to Make a Postnuptial Agreement Legally Valid in Arizona
  • Speak With a Legal Paraprofessional Regarding a Postnuptial Agreement

What Is a Postnuptial Agreement?

A postnuptial agreement is an agreement made between a married couple, either before or after the marriage, to structure their financial affairs and assets. It is similar to a prenuptial agreement but is drafted after the marriage has taken place. 

Postnuptial agreements may outline who owns what assets and how those assets should be split in the event of death or divorce, as well as guidelines for debt management and how income earned during the marriage will be divided. The document may also include provisions for spousal support if a divorce occurs. 

Postnuptial agreements can provide couples with peace of mind that their finances are secure no matter what happens in the future.

Continue reading to learn more about postnuptial agreements, the need, implications, and how to bring them up to your partner.

 

Why Should You Seek a Postnuptial Agreement?

There are many benefits of a postnuptial agreement. They are a great way to protect both spouses during a divorce.

By signing a postnuptial agreement, both parties can agree on important issues such as property division, alimony, and other financial matters that the courts would otherwise decide.

Postnuptial agreements also provide clarity and peace of mind to couples who may disagree on specific issues. This type of contract allows couples to make decisions now that will prevent costly legal battles later if the marriage ends in divorce.

Furthermore, postnuptial agreements allow for greater flexibility than pre-existing laws or court orders, allowing for more creative solutions that may better suit both parties needs.

 

 

What are Common Situations in Which a Postnup is Used?

Commonly, postnups are used when one party has significant assets or debts before the marriage, if one party has children from a previous relationship, or when one party owns a business and wants to keep it separate from their marital assets.

They can also be used if one party wishes to waive certain rights they would usually have under state law or if the couple wishes to set out expectations regarding spousal support in the event of divorce. 

Postnups can even be used for non-financial matters, such as setting out rules for how the couple will handle disagreements or deciding which parent will have primary custody of any children born during the marriage.

No matter what situation a postnup is being used for, it is essential that both parties fully understand all of its contents before signing.

How Do I Ask My Spouse for a Postnuptial Agreement?

Asking your spouse for a postnuptial agreement can be a complex and delicate conversation, but it may be necessary to protect both your rights and interests. It is essential to approach the subject respectfully and maturely.

Before having the conversation, make sure you have researched postnuptial agreements so that you know all the details and their implications. 

When discussing the topic with your spouse, explain why you think such an agreement would benefit both of you. Be sure to recognize any concerns they may have and address them openly and honestly. Listen to their perspective and work together to draft an agreement that works for both of you. With a postnuptial agreement in place, both parties can feel secure knowing that their rights will be protected during a divorce or separation.

Who Needs a Postnuptial Agreement?

A postnuptial agreement is a legal document that can benefit couples in any marriage stage. It outlines the couple’s expectations and responsibilities regarding finances, property, and other assets. Couples who have been married for many years and those who have recently tied the knot can benefit from a postnuptial agreement. Those who are already married and want to ensure that both parties are protected in case of death or divorce should consider creating one. 

Additionally, if there has been a significant change in financial circumstances since the marriage, such as an inheritance or major purchase, a postnuptial agreement can help protect both parties’ interests.

Lastly, it can be used to clarify existing marital agreements or create new ones so that all parties understand their rights and obligations concerning their shared finances and assets.

 

How to Make a Postnuptial Agreement Legally Valid in Arizona

In Arizona, a postnuptial agreement is legally valid if it meets specific requirements. First, both parties must voluntarily sign the agreement and know its implications. Additionally, both parties must have separate legal representation or waive their right to independent counsel in writing. The agreement also needs to be in writing and signed by witnesses who are not related to either party. For the agreement to be enforced, it must be approved by a court of law. Furthermore, any changes or modifications to the original document must also be in writing and signed by both parties. 

Following these steps allows a postnuptial agreement to become legally valid in Arizona.

Tip: If you are seeking information about a postnuptial agreement, 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 postnup 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 marriage arrangement.

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.