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Divorce Dilemma: Settle or Go to Trial

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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

Grey Divorce is Becoming More Common in Arizona

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What Does a Gray Divorce Mean?

A “Gray Divorce” is a term used to describe divorces among couples aged 50 and older. This type of divorce has increased by over 50% since the 1990s and is becoming increasingly common as baby boomers enter their retirement years.

Gray Divorces typically occurs after one or both spouses have been married for at least two decades and are often linked to changing financial circumstances, a shift in priorities, or a lack of emotional connection between the couple.

Many couples going through a Gray Divorce face unique challenges compared to younger couples, such as dividing assets accumulated over many years or re-entering the workforce after an extended absence.

With more people living longer and healthier lives, Gray Divorce will likely become even more prevalent in the coming years.

Continue reading to learn more about gray divorce and the differences, challenges, and potential outcomes.

 

So Why is ‘Gray Divorce’ Becoming More Common Now?

Gray divorce is becoming more common due to a variety of factors. Today’s couples are living longer, healthier lives and are more likely to stay married for longer periods of time. This means that when they finally decide to separate, they have had many years together and may be at the point in their relationship where it is simply too difficult to continue.

Additionally, increased financial independence among women means that there may be fewer incentives for them to stay in an unhappy marriage. Furthermore, societal norms have shifted over time, with divorce becoming more socially acceptable than it was in the past.

Finally, changes in laws surrounding divorce have made it easier for couples to move on from their relationships without facing as much stigma or financial burden as before.

All of these factors contribute to why gray divorce is becoming more common now.

Older couple considering how to file for gray divorce and using a legal paraprofessional


 

What are the Common Consequences of a Gray Divorce?

While each individual situation is unique, there are some common consequences that those involved in a gray divorce in Arizona may experience.

These can include financial destabilization due to having to divide assets and retirement plans, feelings of guilt or shame due to ending a long relationship, difficulty adjusting to single life after so many years together, and strained relationships with adult children who may be conflicted about their parents’ decision.

There is also the potential for depression or anxiety due to the new reality of being single after decades in a marriage.

Gray divorcees must learn how to cope with these complex emotions and adjust to their new lives.

How Can You Prepare for a Gray Divorce?

Preparing for a gray divorce in Arizona can be difficult, but it is important to take the time to do so.

First, it is important to understand what kind of financial situation you will be in after the divorce. This includes understanding how property division, child support, if applicable, and alimony payments may affect your finances. It is also important to create an inventory of all joint assets and debts that must be divided.

Seeking advice from a financial advisor or legal paraprofessional can help you understand the legal implications of a gray divorce and what steps you need to take to protect your rights and interests.

Finally, make sure to take care of yourself emotionally during this process by talking with family members or friends who are supportive and understanding about your situation. Doing so will ensure that you are emotionally ready for this transition and have the resources available to move forward successfully.

How Can You Protect Your Pension When Divorcing?

When divorcing, it is important to protect your pension. One way to do this is to seek legal advice and ensure that you understand the distribution of assets between yourself and your spouse. You should also ensure that both parties correctly document and sign any agreement regarding the division of pensions.

Additionally, you should keep all financial documents related to your pension in a secure place, such as a safe deposit box or other secure storage solution.

Finally, discussing the options with a financial adviser who can help you determine how best to protect your pension interests in the event of a divorce may be beneficial.

Tip: If you are seeking information about a gray divorce without a lawyer, consider using a much more affordable alternative to a divorce lawyer and speak with a legal paraprofessional.

Property division and splitting social security benefits and retirement funds

How Does Getting Divorced Affect Social Security Limits?

Getting divorced can affect Social Security limits in Arizona. Depending on the circumstances, one spouse may be eligible to receive benefits from their former spouse’s account, even if they are no longer married. This is known as a “former spousal” benefit.

To qualify for this type of benefit, the couple must have been married for at least 10 years, the applicant must be unmarried at the time of application, and both parties must have been eligible for Social Security benefits. Additionally, applicants must be at least 62 years old and meet other eligibility requirements to receive any payments from their former spouse’s account.

It is important to note that these benefits do not replace those earned by working; they are supplemental income available through Social Security.

How Does Divorce Affect Your Life Insurance?

In Arizona, divorce can have a significant impact on your life insurance. Understanding how the divorce process impacts your existing policies and any new life insurance you may be considering is important.

When divorcing, both parties must review their existing policies to determine if changes need to be made or if the policies should remain in place. Suppose one party has a policy that names the other as a beneficiary. In that case, it is important to update these details to ensure that the intended beneficiaries are still receiving the benefits after the divorce is finalized.

Additionally, consider taking out new life insurance policies or updating existing ones depending on each person’s financial situation after the divorce.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing a grey 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.