Helping You Through The Divorce Process
A divorce is initiated with the filing of a petition of a dissolution of marriage together with other relevant documents our courts require. The petition names you, your spouse and any children and states your preferences as to child custody, visitation, child support and spousal maintenance, whether there is separate property, the division of community property, and whether you want your attorney’s fees awarded to you.
To get a divorce, it only matters that you want a divorce, you have lived in Maricopa County at least 90 days and your children have lived in Arizona for at least six months.
Temporary Orders
There are many issues to decide in a divorce case. It can take several months or, occasionally, several years to work out all those issues. During that time, a temporary order may be an option.
Below is a list of issues that can be addressed with a temporary court order:
- How much child support will be paid
- Who gets custody of the children
- A visitation schedule for the noncustodial parent
- Who is responsible for carrying health insurance on the children
- How much spousal support will be paid
- Which spouse will be able to live in the marital home
- Which spouse will pay the mortgage or whether the payment will be split between the spouses
- How household items will be split
- Who will be responsible for paying utility bills
- Who will drive which vehicle, who will pay for which vehicle
- Whether you can receive an advancement of attorney’s fees
During The Divorce
Once the documents are prepared and served, the clock starts running on Arizona’s 60-day waiting period or “cool off” period. At the same time, automatic restraining orders on the spouses take effect and the date of separation is established. At this point, the spouses are not permitted to take any children out of state, sell or dispose of any property, borrow against property, or remove the other spouse from any insurance policies, including health, life and automobile insurance
How the process plays out will depend on how your spouse responds. You may be granted your wishes quickly or you may enter into a lengthy and contentious discovery and disclosure period, which is where the parties exchange information and documentation regarding the aspects of your divorce.
The right lawyer makes all the difference in this process. At the Law Offices of Matthew S. Schultz, I have the experience and skills to help you through the entire divorce process, whether the divorce is finalized quickly or you are forced to go to trial.
Choosing The Right Attorney
I treat all my clients like family, taking a personal interest in each case, and I have the knowledge, skill and background to handle any divorce. Email me at my Tempe office today to discuss your case or call 480-730-5400.