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Arizona Dissolution Law My name is Jennifer W. Shick and I am an Arizona family law attorney. Divorce is difficult enough without going into it unprepared. If you think a divorce is in your future, there are several things you can do to protect your family relationships and financial interests. Here are a few of the things I suggest to my clients: Prepare a list of the important issues and what you would like to achieve in your divorce proceeding. If you have children, the list should include arrangements for the child’s care. You should also determine your financial objectives. Collect your last three years tax returns and W-2s; last three months of bank statements; salary information; insurance policies; benefit programs; and investment accounts. Make sure all of your important documents are in a safe and secure place. Do not sign any new contracts, loans, mortgages, deeds or other documents without consulting a lawyer. Immediately open a bank account in your sole name at a bank where your spouse does not do business. If you receive an inheritance, do not place it into a joint account with your spouse. If you receive any gifts, keep documents demonstrating that the gift was given to you, solely, and not to you and your spouse jointly. Avoid saying anything negative about your spouse, especially if you have children. Do not tell your children that they will “talk to the judge” or make the decision of with which parent they will reside. Most likely, your children will not speak to a judge, nor is your child equipped to make reasoned decisions concerning their residence. Do your best to maintain open lines of communication with your spouse. Doing so allows negotiating a divorce settlement with your spouse keeps costs low, without going to court, and the opportunity to make the decisions that affect your future. When there has been domestic violence in your relationship and law enforcement has been involved, obtain police reports documenting incident of abuse. If you received medical treatment, gather your medical records. If Child Protective Services has been involved with your family, seek records documenting the case (you may request such records through CPS). Seek the advice and support of a domestic violence counselor and develop a safety plan is you are in fear of your spouse and/or must leave the home in order to ensure your own or your children's safety. You can seek information on domestic violence shelters, safe houses or services at the following website: http://phoenix.gov/court/resclist.pdf The State of Arizona will not grant you a divorce unless your marriage is irretrievably broken. If you can repair your marriage, make the attempt. You can save yourself a lot of time, anguish and money.
Uncontested Divorce It is best when a divorcing couple amicably resolves the issues arising from the decision to divorce (yes, it can be done). When parties work together to effectively resolve their issues, they can more effectively co-parent in the future and move forward in their lives absent bitterness. Ultimately, divorcing parties will control their own destinies if they can amicable resolve their marital issues.
An uncontested divorce results when a divorcing husband and wife agree on resolution of their marital issues prior to the filing of the initial pleadings, including child custody and parenting time, and distribution of property, assets and debt. However, even in an uncontested divorce, the parties may require advice and guidance in fairly and effectively reaching agreeable terms. Shick Law Offices, L.L.C. is prepared to assist you in resolving marital issues absent prolonged, costly litigation. Further, I have experience in negotiating marital settlement agreements that provide for the equitable distribution of marital assets and debts and spousal maintenance, and parenting plans that include provisions for custody, parenting time and child support.
If you and your spouse think that uncontested divorce is reachable, schedule a free initial consultation with Shick Law Offices, L.L.C. We will identify your needs and advise you on the best course of action. Shick Law Offices, L.L.C. offers flat fee rates for uncontested divorce cases. We offer complete dissolution packets for $1,295.00 (excluding filing fees and service costs) for cases with children and without children for $1,495.00 (excluding filing fees and service costs). Contested Divorce In a contested divorce, the parties cannot agree on the terms of their marital dissolution. Disputes range from the care and residence of the children (including parental fitness issues) to the distribution of property, assets and debt. A contested divorce may require mental health assessments, extensive investigation into financial matters, and prolonged litigation to arrive at resolution. Shick Law Offices, L.L.C. takes the time to carefully review cases in order to provide our clients with reasonable expectations. Further, we strive to mitigate the adverse impact of litigation, representing our clients with an end goal of preserving their parent-child relationships and protecting marital assets. Legal Separation Many people determine that there are practical reasons to remain married, but to separate assets and responsibility for debts, as well as implement guidelines for custody and parenting time. Legal separation under Arizona law may meet your needs and technically function just like divorce. A Legal Separation is a particularly effective alternative when a difficult to insure spouse stands to lose health insurance benefits upon divorce. A Legal Separation is also a sound option when spouses are uncertain of their desire to divorce, but must protect assets and assign responsibility for the payment of debt while they consider their future together.
Spousal Maintenance The Court will consider an award of spousal maintenance utilizing the factors provided in A.R.S. §25-319. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00319.htm&Title=25&DocType=ARS However, there is no formula or calculation with which the court determines a spousal maintenance award and, as such, the issue is left to the discretion of each judge. Such factors that the court will consider in determining whether a spousal maintenance obligation is appropriate include: Whether the party requesting maintenance lacks sufficient property, including property awarded to the spouse, to provide for that spouse's reasonable needs; whether the requesting party is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the requesting party should not be required to seek employment outside the home; whether the requesting party contributed to the educational opportunities of the other spouse; and whether the marriage was of significant duration and the requesting party is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. Further, the court will consider such factors as: The standard of living established during the marriage; the age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance; the ability of the spouse from whom maintenance is sought to meet that spouse's needs and expenses (including the payment of community debt and a child support obligation) while meeting those of the spouse seeking maintenance; the contribution of the spouse seeking maintenance to the earning ability of the other spouse; and excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of property held in common. Another significant factor the court will consider is the cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought. As such, the issue of spousal maintenance is one requiring consideration of numerous factors and one that is often and emotional and contentious issue in dissolution cases. Division of Assets
Arizona is what is known as a “community property” state meaning that, in a divorce, marital property and assets are divided between the parties in a process referred to as “equitable distribution”. This is designed to ensure that each party receives a fair and reasonable (but not necessarily equal) share in the property division settlement or divorce judgment.
Defining and Identifying Marital Assets “Separate property” includes any and all property you brought into your marriage, and certain property acquired through gift and/or inheritance during the marriage. This can include real property, items of property, stock and money. Separate property is yours to keep when you divorce, so long as you do not commingle those assets with marital property.
”Community property” is any and all assets acquired during the marriage, except property acquired through gift and/or inheritance during the marriage. This category is broad and includes items such as the marital residence, furniture, vehicles, stock options, 401(k) plans, IRA accounts and pension plans. In addition to assets, debts and liabilities must be divided equitably. You will be required to file a financial affidavit providing a full disclosure of all earnings, bank accounts, investment accounts, retirement accounts, tax returns, loan applications, deeds, promissory notes and other assets and liabilities. If necessary, a business valuation expert and/or forensic accountant will be utilized to ensure that your spouse provides a full and fair disclosure of assets. If you have questions please don't hesitate to contact Jennifer W. Shick and Shick Law Offices L.L.C. today for a free initial consultation. We're here to help!
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