Mesa Divorce Lawyers

Get the Guidance You Need from our Mesa Divorce Attorneys

Divorce is much more than just a legal process.

Rather, it’s often a turning point for those who go through it, and it can affect every aspect of life.

So if you are facing divorce in Mesa, Arizona, you may be feeling uncertainty, confusion, or anxiety about what comes next.

Let our Mesa divorce lawyers at Gillespie, Shields & Taylor provide the answers you need for your divorce, from finances and housing to parenting and emotional well-being. 

How the Divorce Process Works

Although every divorce is unique, the legal process for divorces in Mesa follows a defined structure.

To help reduce anxiety and allow you to make the best decisions for you and your family, our Mesa divorce attorneys want to help you understand how the divorce process unfolds.

Step 1: File a Petition for Dissolution of Marriage
To begin the divorce process in Mesa, one spouse fills out a Petition for Dissolution of Marriage, which provides the necessary details and background information about the marriage. It also describes what the petitioner is asking for regarding property division, custody, and more.

Once this form is filled out, it is filed with the Maricopa Superior Court.

Step 2: Serving the papers
Once the Petition for Dissolution of Marriage is submitted, a court summons must be formally served on the other spouse.

They then have 20 days to respond, or 30 days if they live outside of Arizona.

Step 3: Response from the spouse and temporary orders
Once they have been served with papers, the receiving spouse can file a Response to the Petition, either agreeing or disagreeing with the requests.

If that spouse fails to respond in time, the court may proceed by default. This can result in a judgment that largely reflects the filing spouse’s requests.

However, both parties participate actively in most instances, and the case moves forward.

If there are immediate issues such as child custody, support, or who stays in the home, either party can ask the court for temporary orders to establish rules during the divorce.

These orders are designed to provide stability while the divorce is pending.

But even though they are temporary, these orders can have a significant impact on the overall trajectory of the case.

This is because they establish a “status quo” that courts are reluctant to change, while also providing necessary stability for months or years.

As a result, temporary orders often set the framework for the final divorce settlement.

Step 4: Disclosure and discovery
As the case progresses, both parties are required to exchange detailed financial information under Arizona law.

This includes income, expenses, assets, debts, and anything else relevant to the divorce.

This transparency is essential for reaching fair agreements regarding property division and support. However, if either party believes the other is hiding assets, our Mesa divorce attorneys at Gillespie, Shields & Taylor can use discovery tools to uncover them.

Step 5: Negotiation, mediation, or trial
Many divorces in Mesa become resolved through negotiation or mediation, allowing the parties to maintain greater control over the outcome.

So if both spouses can agree on all issues, they may submit a Consent Decree and avoid a contested court process.

However, if there’s an impasse on even one issue (like child custody or property division), the divorce will need to go through mediation, settlement conferences, or potentially a trial involving a judge who makes the final decisions.

While many divorces settle without a trial, our Mesa divorce attorneys are prepared to handle matters however they unfold, including in the courtroom.

Step 6: Final decree
After all the issues involving a divorce are resolved, the court issues a Decree of Dissolution of Marriage to legally end the marriage and outline the final orders affecting property division, custody, spousal support, and other matters.

Arizona Revised Statute § 25-329 imposes a mandatory 60 day waiting period from the date of service before a divorce can be finalized. While some cases conclude shortly after this period, others may take several months or even longer, depending on their complexity.

No matter how unique your divorce may be, the Mesa divorce lawyers at Gillespie, Shields & Taylor are ready to help you with each step of your divorce.

How to Prepare for Your Mesa Divorce

Our attorneys have seen how taking the time to prepare before filing for divorce can have a meaningful impact on the outcome of a case.

Your divorce preparation should begin with gathering financial documents and developing a clear understanding of your assets, debts, and income.

Having this information readily available allows you and your legal representation to build a strong foundation and strategy. This can provide a significant advantage while negotiating or when taking matters to court.

Another important way to prepare for your Mesa divorce is by thinking carefully about what matters most with the outcome of your divorce.

For example, are you primarily focused on maintaining stability for your children? Protecting certain assets? Achieving financial independence? 

Establishing clear priorities will help guide the decisions and legal approach throughout the divorce process.

Additionally, it’s important to avoid common mistakes that some make before the divorce process formally begins. These mistakes might include hiding assets, making large financial changes, or engaging in unnecessary conflict with your spouse, all of which can negatively affect your outcome.

Instead, focus on maintaining stability and approaching the process with a long-term perspective. This will help you in a number of ways, including how the courts may perceive you when making important judgments.

To help you prepare for a divorce and get the best outcome possible, reach out to our Mesa divorce attorneys today.

When Can You File for Divorce in Mesa?

One of the first questions our Mesa divorce attorneys usually hear is whether they are eligible to file for divorce.

Fortunately, we’re able to provide a simple, straightforward answer that’s in harmony with Arizona law:

To file for divorce, at least one spouse must have lived in the state for a minimum of ninety days before filing.

For residents of Mesa, divorce cases are typically filed in Maricopa County.

This residency requirement ensures that Arizona courts have jurisdiction over the case, and it is often the only legal requirement to file for divorce in Arizona.

This is because Arizona follows a no-fault divorce system, meaning that a spouse may file a petition for divorce by simply stating that the marriage is “irretrievably broken.” 

As a result, you do not need to prove wrongdoing, such as adultery or abandonment, to move forward with the process.

However, there is one notable exception to the no-fault system, and that is for covenant marriage.

While relatively uncommon, covenant marriages require proof of specific grounds before a divorce can be granted. These may include serious issues such as abuse, substance dependency, or long-term separation.

If you are ready to begin the divorce process in Mesa, let our experienced divorce attorneys at Gillespie, Shields & Taylor help you get the best outcome possible.

Potential Obstacles for a Mesa Divorce

Divorce is rarely a smooth or predictable process. Between the heavy emotional toll of everything that’s on the line, it’s important to expect challenges or obstacles along the way.

Fortunately, our Mesa divorce lawyers know how to help you overcome these challenges. But in order to do so, you must first understand what they are and what they mean for you.

Child Custody Matters
One of the most common challenges involves disputes over child custody.

When parents disagree about what is best for their children, the situation can quickly escalate. As a result, issues related to legal decision-making and parenting time become deeply personal and often emotionally charged, making them difficult to negotiate.

In these moments, it becomes essential to refocus on the legal standard that Arizona courts apply: the best interests of the child. By grounding decisions in what benefits the child rather than what feels fair to each parent, it becomes easier to move toward a resolution.

Our attorneys provide both the legal guidance and personal support you need to help refocus on what matters most, helping you keep your peace through this challenging situation.

Financial Disputes
Financial disputes are another frequent source of conflict during a Mesa divorce.

For example, one spouse may have significantly greater knowledge or control over the family’s finances, which can create an imbalance.

In other situations, there may also be concerns about hidden assets or undervalued property.

Addressing these issues requires thorough financial investigation and, in some cases, the involvement of specialized tools and experts.

Our Mesa divorce attorneys have years of experience dealing with financial disputes. As a result, we have both up-to-date knowledge and the tools to handle these situations, including forensic accountants, appraisers, and valuation experts to uncover hidden income and clarify complex situations.

Emotional Strain
Emotional strain is often the most common and the most underestimated obstacle in Mesa divorces.

After all, almost any divorce will lead to feelings of anger, grief, fear, and uncertainty in both parties, all of which can negatively affect your ability to make decisions.

Knowing this, it’s essential to prepare for these intense emotions to avoid acting on them and making poor choices that are difficult to reverse later.

Rather, it’s essential to make decisions based on a legal strategy to achieve the long-term results you want, even though it can be difficult in the heat of the moment.

This is why it is so important to have both legal guidance and personal attention throughout the process. Our Mesa divorce attorneys offer both.

Lack of Cooperation
Finally, lack of cooperation can bleed a person dry mentally and emotionally.

Additionally, slow progress can also increase costs for one or both parties.

Worse yet, even simple decisions can become contested when communication breaks down.

In these situations, having an attorney who can manage communication and keep the process moving forward is invaluable.

Our Mesa divorce lawyers know how to keep the process moving forward, despite a lack of cooperation or any other obstacle you may face with your divorce.

Legal Options for Your Mesa Divorce

Since each divorce is unique, it’s essential to choose the best path forward that aligns with your needs, goals, and circumstances.

Divorce Mediation
Some individuals benefit from a more collaborative process. And in situations where both parties are willing to communicate and compromise, mediation can be an effective way to resolve disputes.

A neutral third party helps facilitate discussions and guide the couple toward mutually acceptable agreements. This approach often saves time, reduces costs, and minimizes conflict.

Collaborative Divorce
Collaborative divorce is another option that emphasizes cooperation. In this process, both spouses and their attorneys commit to resolving issues without going to court.

While not appropriate for every situation, having both parties motivated to reach a resolution can be a highly effective way to settle matters.

Divorce Litigation
When cooperation is not possible, litigation becomes necessary. Although it may be more time-consuming and costly, it ensures that disputes are resolved through a structured legal process.

When litigation is needed, it’s essential to have an experienced attorney on your side to skillfully present your case and advocate for your interests in court.

The Mesa divorce attorneys at Gillespie, Shields & Taylor have successfully handled each type of divorce for decades and are ready to represent you in the most effective manner possible.

How Long Divorce Takes in Mesa

While Arizona law establishes a minimum waiting period of 60 days, many divorces take longer to resolve.

The timeline depends on a variety of factors, including the level of conflict between the parties, the complexity of the issues involved, and the court’s schedule.

Additionally, costs can also vary significantly. For example, an uncontested divorce may be resolved relatively affordably, while a contested case involving complex financial or parenting issues may require more time and resources.

But rather than focusing solely on cost, it is often more helpful to consider the value an attorney brings, such as their ability to help you enjoy the time you want with your children or keep your cherished possessions.

Our Mesa divorce lawyers are organized, responsive, and have a deep knowledge of Arizona law. As a result, we have helped thousands of individuals move through their divorce as efficiently as possible.

How Property is Divided in a Mesa Divorce

Property division has one of the greatest tangible impacts on a person after their divorce. As a result, it can be one of the most highly contested aspects of an Arizona divorce.

Thus, it’s essential to understand how the Arizona legal system directs property division. Having this legal understanding helps give you the best chance of keeping the possessions and assets that matter most to you.

Arizona law follows a “community property” system, meaning almost all assets and debts acquired during the marriage are considered joint property.

Thus, they are divided equally during a divorce. This is true even if only one spouse’s name is on the account or title.

However, this community property system can be deceiving; while many people assume this results in a strict fifty-fifty split, the law actually requires an equitable division.

So while this often leads to a roughly equal distribution, the court has discretion to consider various factors when determining what is fair when dividing property.

To reach a fair outcome, the Maricopa County courts may review each spouse’s financial situation, contributions to the marriage, and whether either party engaged in waste or misuse of marital assets.

Additionally, it’s important to distinguish between community property (which is split equitably) and separate property (which is kept by one party).

To help you have an idea of what this will likely mean for you, our attorneys have outlined the following items that are classified as community property:

• Homes, vehicles, and personal property acquired during the marriage
• Retirement accounts and pensions
• Businesses formed or expanded during the marriage
• Income earned by either spouse during marriage
• Debts such as credit cards, mortgages, and loans

Conversely, separate property often includes:

• Assets owned before marriage
• Inheritances or gifts received by one spouse during marriage that were kept separate
• Personal injury awards for pain and suffering

However, the line that separates these two types of property can become blurred if assets are commingled during the marriage.

For example, complex or high-asset divorces may involve business interests, investment accounts, retirement plans, and real estate holdings.

Thus, it’s essential to get a proper valuation of these assets in order for you to keep them, since even small discrepancies can result in significant financial consequences.

This is an area where our experienced legal guidance can make a substantial difference. For example, our Mesa divorce attorneys are ready to use the most modern, effective tools and strategies to help ensure you keep what matters most to you.

Work with a Mesa Divorce Lawyer Who Fights for You

Even though the divorce process may be new for you, it’s our established area of expertise.

Since 1985, our divorce attorneys have zealously advocated for clients like you, going above and beyond to ensure they get the outcome they deserve.

This experience allows us to anticipate challenges, develop effective strategies, and guide you through each stage of the divorce process with confidence.

Get the Support You Deserve from our Mesa Divorce Attorneys

Our over four decades of experience have shown us that divorce is as much an emotional experience as it is a legal one.

As a result, we know how important it is for you to feel supported and cared for during this difficult time. After all, having the support you need is a key component of making sound decisions during this time.

That’s why our divorce attorneys go above and beyond to make the process as clear and transparent as possible. We also provide regular updates and check-ins to help you feel heard, cared for, and in control during this difficult time.