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  • Writer's pictureWarren Luccitti, Esq.

Divorce and Family Law FAQs

Divorced Couple, Child Custody, Divorce, Family Law, Couples Therapy

Below is an index of commonly asked questions regarding divorce and family law proceedings.

Should I Hire an Attorney to Handle my Divorce and Other Family Law Matters, or Should I Represent Myself?

Legal matters require legal expertise because they are legal issues. The issues of custody, visitation, support, spousal maintenance, division of assets, etc. are all legal issues which are controlled by state statutes, court rules, and case law that direct the path the lawyer must follow. Do not trust important legal decisions to non-lawyers. By law, no one is permitted to give you legal advice unless they are a licensed attorney.

All family law matters require decisions to be made that have potential life-altering outcomes. Making sure you have a constant flow of legal advice throughout the proceeding is critical to protect your rights and assets.

Family law matters require a serious approach, rather than a fill-in-the-blank mentality.

The State Bar of Arizona has the following to say about Attorneys:

  • Attorneys are educated, tested and continuously trained to provide expert assistance.

  • Attorneys are professional problem-solvers. When life’s problems are complex, lawyers are trained to evaluate the situation, understand the legal rights and responsibilities involved, and then develop and implement a plan that is best for you.

  • Attorneys will make sure your rights are protected. An attorney will represent you and look out for your best interest.

Do I Need Grounds to File for Divorce?

The only ground for a divorce in Arizona is that the marriage is “irretrievably broken” with “no reasonable prospect for reconciliation.” This is a “no-fault” state, which means that it is not necessary (and usually not even allowed) to say which person caused or wants the divorce. The only time that matters is when the parties have entered into the rare Covenant Marriage.

How Long Does a Divorce Take?

The minimum waiting time for a divorce to be finalized is 60 days after the filing and service of divorce papers on your spouse. Many divorces take longer, especially if property, financial or children’s issues are contested.

What is Community Property?

Arizona is a community property state. That means that all property and all debts acquired during the marriage are presumed owned by both parties together, regardless of in whose name the property is held.

How is Property Divided in a Divorce?

Arizona law says that the property is divided “equitably,” which usually means equally. After all the property is taken into account, the intent is that each party ends up with approximately half of the total property value, including all retirement and 401(k) accounts. It is important to recognize the benefit of seeking tax advice from your own tax professional to understand the potential tax consequences caused by the property division.

Am I Liable for My Spouse’s Debts if I Didn’t Know About Them?

Generally, yes. Debts incurred by one spouse during the marriage are presumed to be community debt. This is true even if only one person’s name is on the debt.

How is Child Custody Handled?

There are two parts to custody: “legal decision-making” and “parenting time”. Legal decision-making refers to who makes the decisions for the child. “Parenting time” refers to the amount of time that the child will be with each parent. In a joint legal decision-making scenario, the parents are expected to communicate and confer regarding major decisions about the children, such as education, child care, medical, religious, and personal care decisions.

How is Child Support Calculated?

Arizona child support guidelines apportion support based on the income of each parent. Other factors such as the cost of day care and the children’s health insurance are considered.

Is There a Benefit to Being the First to File for Divorce?

There is no legal significance as to who files first.

Contact The Luccitti Law Firm here today to get your FREE case review for your Family Law matter.


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