Frequently Asked Questions About Divorce

How do I choose a Divorce Attorney?

Because of the personal nature of a family law case, as well as the wide latitude for interpretation of many family law statutes, choosing an attorney who is right for you and right for your case is among the most significant initial decisions a client must make.

Please, also see the article: Collaborative Law and the Divorce Lawyer

How do I start the Divorce Process?

The first question a wise client will focus on prior to starting a divorce is not: What will be the outcome? It is: What negotiating process will I use to reach the outcome?

Please, also see the article: How To Divorce: Getting Started

What are fees for a Collaborative Divorce?

Each case is unique and clarity around the fee arrangement with your attorney is critical to a good working relationship.

Please, also see the article: Attorney Fees

Can my Spouse and I use one Attorney?

The use of one attorney by you and your spouse is a desirable option when you have already resolved the issues or are close to resolving them and only need minimal additional information to complete a final settlement.

Please, also see the article: Using one Attorney

Will I need to pay or will I receive spousal maintenance and if so how much and for how long?

In a divorce or legal separation case in Arizona, spousal maintenance (also called alimony) can be awarded. In order for this to occur, the spouse who may receive spousal maintenance must meet certain criteria.

Please, also see the article: Spousal Maintenance

How are the marital assets and debts handled in a divorce?

This can be a complex area of the law with multiple considerations. The completion of three distinct tasks helps to provide a road map for an appropriate distribution of the marital assets and debts:

  • Identifying the Assets & Debts
  • Valuing the Assets & Debts
  • Dividing the Assets & Debts

Please, also see the article: Marital Asset and Debt Division

What About the Parenting Arrangements for the Children?

As concerned parents will attest, the divorce arrangements for the children may have the greatest long-term impact on the newly-configured family. An attorney’s role in guiding you through this sensitive area transcends that of legal technician. When it comes to helping you with decisions about children, your attorney should be part counselor and part child development expert, doing the utmost to understand and keep the children’s best interests in mind. No area of domestic relations law requires more of an attorney than helping guide a parent in making the best possible arrangements for the children.

The issue of parenting arrangements is complex and challenging and should be fully explored with an attorney experienced in custody and visitation matters.

Please, also see the article: Parenting Arrangements for Children

What is the difference between a divorce and a legal separation?

Divorce is a final settlement of all legal issues between two married people. Legal Separation is similar to a divorce in that there is a final settlement of all legal issues between two married people, except the couple remains legally married and can take advantage of certain tax and health insurance benefits not available to divorced people.

Frequently Asked Questions About Divorce is available for download here: