No one expects a marriage to end in divorce. However, not all marriages last and that is not a failure. When marital problems reach a crescendo, even ordinary tasks become difficult. If you are considering separating from your spouse, it is crucial you contact an experienced Arizona divorce attorney. At Harper Easterling, an attorney can walk you through the entire process and ensure you are treated fairly. No one expects you to have all the answers or to handle the divorce process on your own.
A divorce can quickly become a complex legal process. This is particularly true for contested divorces in Arizona, but even uncontested separations can become bogged down in the legal mire. A skilled divorce lawyer in Phoenix, Scottsdale, and Mesa can step in early in the process and handle the case on your behalf. Having an attorney will help keep the emotional aspects of the separation process out of the legal proceedings. Essentially, your attorney becomes your sword and your shield. They will help with negotiations, alternative dispute resolution processes, and litigation.
An Arizona divorce is the method for terminating a marriage contract between two people. This legal separation consists of many factors that we will discuss more in-depth in a moment, including property division, child custody, child support, spousal maintenance, and more. Importantly, a divorce will allow the two parties to marry another individual.
Under Arizona law (section 25-329, Arizona Revised Statutes), a divorce cannot be granted by the court until at least 60 days have passed from the date the first papers are delivered to the other spouse (the one who did not file). However, it is rare for a Divorce in Phoenix, Scottsdale, Mesa, or anywhere else in Arizona to happen that quickly, unless the parties participate in the Summary Consent Decree process.
When a divorce process begins in Arizona, or as you conduct your research into how to formally separate from your spouse, you may see the terms “uncontested divorce” and “contested divorce.”
It is crucial to consult and work with an experienced Arizona divorce lawyer if you disagree with any aspect of the process.
Divorces in Arizona can be complex, and there are various aspects of the process you need to be aware of, many of which involve court orders. This includes the following:
In the U.S., each state has its own laws relating to marital property and debt. Arizona is considered a “community property” state. All real and personal property acquired during the course of the marriage is owned equally by both spouses. Property, subject to division, includes a range of assets, including:
The above is not a complete list of assets. Debts are also community and will be divided equitably. Marital or community debts may include car notes, mortgages, personal loans, credit card debt, student loans, tax debt, and more.
There are many factors to consider when it comes to children and the divorce process, the most important being what is in the best interests of the child. There are two types of “custody” to consider:
It is important to note that there can be “sole” or “joint” legal custody and “primary” or “equal” physical custody, which do not have to be identical. One parent can have both sole Legal Decision-Making and designated as the primary parent, or the two parties can share joint Legal Decision-Making and equal Parenting Time. Additionally, the parents may have any combination of those rights. It is important to consult with a skilled family law attorney in Arizona who can examine the entire situation and help craft the best arrangement and advocate on your behalf.
Both parents are responsible for paying for the care of their children. In the state of Arizona, there are guidelines used to calculate the correct child support amount based on an “Income Shares Model.” This model uses both parents’ incomes to calculate how much one parent will pay the other to financially support the child. Once basic child support payments are calculated, there may need to be adjustments based on additional factors such as insurance premiums, childcare costs, and other expenses. Failing to pay court-ordered child support in Arizona is a felony offense and could result in prison time.
Arizona law does allow for the payment of spousal maintenance, commonly referred to as alimony (ARS section 25-319). Judges in Arizona have broad authority to make decisions about whether alimony is important as well as how much should be paid and for how long. Some of the factors examined to determine whether a party qualifies for spousal support include:
Once a party establishes he or she qualifies for spousal support, there are several factors the court will consider. It is critical to consult with a qualified Arizona family law attorney to safeguard your rights related to spousal maintenance in Arizona.
Establishing the paternity of a child is crucial, particularly when it comes to decisions related to child custody, visitation, and child support payments. There are various ways to establish the paternity of a child in Arizona, some of which are voluntary and some that involve the court system.
Prenuptial agreements in Arizona are an important contract entered into before a marriage occurs. A “prenup” is not limited to outlining terms of a divorce if the marriage is eventually dissolved. Rather, a “prenup” may also assist a couple in planning for other contingencies during the marriage. Terms may be related to property obtained before and during the marriage, business interests, as well as spousal maintenance, and more. Postnuptial agreements are basically the same thing as a prenup but are entered into after the marriage begins. For any agreement to be valid, it must be thorough, clear, voluntary, and in compliance with Arizona laws. Both parties must fully disclose all assets and debts in preparing a prenuptial or postnuptial agreement, or it will not be considered valid.
The overall cost of family lawyers in Arizona will vary from case to case. No two divorce cases are exactly alike. For uncontested divorces in Phoenix, an attorney may be able to handle the claim for a fixed rate, possibly reaching a few thousand dollars. However, for contested divorces in Arizona, the costs will likely be higher.
It is not uncommon for an attorney to handle a divorce case on an hourly fee basis, which means you will pay for the time the attorney and their team puts into the case. This does not include any court costs or other fees associated with the divorce.
If you are considering divorcing your spouse, or if you have been served with divorce papers, the time to reach out for law firm assistance is now. At Harper Easterling, our Arizona family law attorneys are standing by to help. We have extensive experience handling all areas of family law in Phoenix, Scottsdale, Mesa, Chandler, and throughout Arizona, and we are ready to step in and assist.
Our Arizona divorce attorneys can assist with every aspect of your case. We understand the challenges that individuals and families face when separation becomes inevitable, and we want to make sure you are treated fairly throughout the process. When you need an Arizona divorce attorney, you can contact us for an initial consultation of your case today.
Steph handled a dissolution with children for my daughter. It was such a stressful time for my daughter along with her dad and I. Steph and her staff were extremely professional, knowledgeable and explained each phase along the way. Steph and her staff were also very understanding with the emotional side of a case like this. They were kind and never judge mental. I would highly recommend Steph and her staff for any family law case.
When I was looking for an attorney to begin the divorce process (dissolution of marriage with children), Steph came highly recommended from a close friend. After meeting with her, I completely understood why! Steph is extremely knowledgeable, was able to answer ALL my questions and help ease my anxieties. She was able to make this difficult chapter go as smooth as possible. Steph and her team were quick to respond to any questions and needs and never left me with unanswered questions or concerns. I would recommend Steph to anyone in need of a family law attorney!
When you want to have your case handled by a professional, receive the best advice in your interest, and someone who is a good listener, you should HIRE Steph Easterling and her team as your legal representation and advisors. Having one of the BEST of the BEST is always important but especially in regard to Family Law and having someone fighting for YOUR best interests.
Steph and her team are great! I was nervous because I have never done anything like this before. She explained everything to me so I understood it. Her staff is super nice. I like how they kept me up to date on my case. I would definitely recommend to everyone with any family law case.
very professional very polite very knowledgeable has lots of experience from 1 to 10 she’s a 10 I would recommend her I would love her to take my case very confident excellent service excellent attorney tourneys that I visit she is the number one excellent
I am very thankful for the services I received from Stephanie Harper Easterling. She coached and guided me at the end of my very complicated long divorce case when I was scared, lost, and had no idea what I was doing. I had limited funds to hire an attorney, but I was able to use limited scope services and hired Stephanie for only what I was unsure about while representing myself in my divorce case. Stephanie was extremely prompt in getting back to every time I had a question for her and she assisted me with my pretrial statement; saving me money as I completed it at the best of my knowledge and had her edit and modify it as needed. When I was unsure of something and needed more information she provided what I needed to help me understand. Thanks to Stephanies professional, prompt, and excellent service, the judge granted every exhibit I submitted and I was very very happy with the end results of my divorce case. I could not have done it without the help of Stephanie!
We worked with Stephanie on the creation of a prenup agreement. She came as a recommendation to us, and we were incredibly pleased with both the final product and the ease of working with her. We would definitely use her again.
Stephanie is certainly a 5-star attorney. I am most impressed with her pragmatic and common sense approach to managing her client’s/my case issues. She did not waste my time with making idol promises nor was she arrogantly dismissive of my concerns. She does however provide me with the tools and understanding of why a tactic(s) may or may not work. I appreciate her creativity, humility, understanding of the law and her straight forward approach to working with me and my family.
I was ordered to pay my exwife spousal maintenance for an indefinite time. When my exwife (who never worked) was approaching her 62nd birthday I contacted her and requested that she should consider putting in paperwork to start receiving Social Security. My exwife was also eligible to receive half of my pension. With the pension and the Social Security she would be receiving more than I was giving her via spousal maintenance. My hope was with that in place I could stop paying her the spousal maintenance and start planning better for my retirement. She said no. I then hired Stephanie. With her help we were able to convince the judge to require my exwife to do as I had requested. Stephanie was also able to recover some of my attorney fees from my exwife. Stephanie was easy to work with. Her paralegal was also a joy to work with. We did a lot of our communcating through email. I always got very timely responses.
Stephanie was not the first lawyer assigned to my case but she turned out to be a real gem. I was feeling a bit passed around, but as time went on, realized that the lawyers and paralegals at this firm all have each other’s backs and I was in good hands all along. When the going got tough and the opposition was coming on strong ,being very rude and using scare tactics, Stephanie did not budge or flinch and assured me the law was on our side, which gave me the strength not to buckle. She listened to exactly what I wanted and when she wrote our proposals or responses they were precise, to the point and impressive. We successfully settled out of court for more than I expected and I attribute this to Stephanie’s demeanor, her team, and ability not to swayed by bullying tactics. Everyone at this firm is very professional and on top of their game. She is working with a friend of mine right now and he is as equally impressed.
I would tell all of my friends and family about Stephanie for their legal matters and trust that they are in good hands. She is friendly as well as knowledgable and made me feel like she truly understands what I am going through. She has a kind approach that didn’t make me feel intimidated as a first time client but also a firmness that gave me assurance that she will fight for my rights. Thank you for all of your help Stephanie 🙂
Stephanie was an excellent attorney and I would recommend her to anyone. She was very logical, rational, and supportive of my situation. She was personable and very easy-going, knowing that I was dealing with so much stress through all of this. Even though I overwhelmed her with paperwork because my case on my ex was so huge she was able to organize our case and make sure we presented the proper facts relevant to the case without having to “smear” her in court. She was always concerned with what was in my best interest and the best interest of my daughter. She will be my attorney of record for the rest of my daughter’s youth.
