FAMILY LAW
Divorce Lawyers in Mesa and Phoenix
Arizona Divorce Lawyers
Get the Best Outcome with Our Knowledgeable Arizona Divorce Attorneys
Going through a divorce can be one of the most trying moments of your life.
But having experienced attorneys at your side can help you successfully navigate the process while also receiving the outcome you deserve, regardless of whether you’re initiating the divorce process or responding to it.
The divorce attorneys at Gillespie, Shields, & Taylor have helped thousands of individuals successfully facilitate simple divorce agreements, handle complex disputes, and everything in between.
Let us provide the most important Arizona divorce information you need to help you achieve the best possible outcome.
Important Considerations Before You File for Divorce
Filing for a divorce is a major life decision that impacts you, your loved ones, and your future.
So to help ensure you make the best decisions with your divorce, our attorneys encourage you to first take time to reflect on important aspects of your life and prepare for what’s ahead.
Here are some of the most important considerations to think through before a divorce:
Establish what matters most to you
Before proceeding with a divorce, you should first identify your priorities.
For some, it’s time with the kids. For others, it’s keeping the house, protecting retirement accounts, or minimizing conflict.
Knowing what you want can help our divorce attorneys create a strategy that aligns with your goals.
Gather financial information
One of the largest considerations that impacts the outcome of a divorce are the finances of both parties.
So before the legal process begins, it’s helpful to organize key documents such as tax returns, pay stubs or income statements, bank account and credit card statements, mortgage or lease information, as well as retirement or investment account details.
Think about living arrangements
If you’re still living together, consider whether one of you should move out, and how that may affect aspects of life, such as parenting time or finances.
If you have children, prioritize stability and try to avoid sudden changes without legal advice.
Have a plan for your children
Divorce can be especially hard on children, but thoughtful planning helps avoid making poor decisions if things become heated.
So start thinking about your children’s future by planning where your children will live, how you’ll share holidays or school breaks, and how and when you’ll tell them about your divorce.
Avoid major financial changes
To avoid raising red flags and complicating your case, it’s wise not to make any major financial changes before or during a divorce. This is especially important in high-asset or contested situations.
If you need to open new credit cards, make large purchases, transfer money between accounts, or take out loans, make sure to first talk to your divorce attorney to help avoid issues.
Know what you need from a divorce attorney
The fact is, divorce attorneys vary a great deal: Some are aggressive, while others are passive. Some prioritize litigation, while others focus on settlement.
Make sure to select an attorney that meets your needs and prioritizes your goals and desired outcomes. If you don’t know what you need, your divorce attorney should be able to help you define your goals.
The divorce attorneys at Gillespie, Shields, & Taylor have a stellar reputation of helping our clients with their unique needs and goals. Let us provide the legal help you’re looking for throughout the divorce process.
Grounds for Divorce in Arizona
Arizona a no-fault divorce state. This means that neither spouse needs to prove wrongdoing (like adultery or cruelty) to get a divorce.
Instead, one spouse needs to state to Arizona courts that the marriage is “irretrievably broken” and there is no reasonable chance of reconciliation.
However, this simple requirement for divorce doesn’t apply for covenant marriages, which are a special type of marriage that requires pre-marital counseling and limits the grounds for divorce.
If you’re in a covenant marriage, you must show specific grounds such as adultery, domestic violence, abandonment, or long-term separation in order to receive a divorce.
Our divorce attorneys are ready to represent you in whatever type of marriage you have, providing the advocacy and guidance you need through this difficult process.
How to Get a Divorce in Arizona
Knowing what to expect with your Arizona divorce can ease your anxiety, prevent problems, and help produce the best results. That’s why our attorneys have outlined the most common steps for an Arizona divorce:
Filing the petition
Your Arizona divorce process begins when one spouse files a Petition for Dissolution of Marriage with your county’s Superior Court.
This document outlines basic facts about the marriage and what the petitioner is requesting in terms of property division, spousal support, custody, and more.
Serving the papers
The Petition for Dissolution of Marriage and a court summons must be formally served to your spouse, who then has 20 days to respond (30 if they live out of state).
Response and temporary orders
Once served with papers, your spouse can file a Response to the Petition, agreeing or disagreeing with the requests.
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.
Disclosure and discovery
Arizona law requires both spouses to exchange financial and property information early in the case. This includes income, expenses, assets, debts, and anything else relevant to the divorce.
If either party believes the other is hiding assets, our divorce attorneys can use discovery tools to uncover them.
Negotiation, mediation, or trial
If you and your spouse can agree on all issues, you may submit a Consent Decree and avoid court entirely.
But if you disagree on even one issue (like child custody or property division), you’ll need to go through mediation, settlement conferences, or potentially a trial.
While many divorces settle without a trial, our attorneys are prepared to handle matters however they turn out, including in the courtroom.
Final decree
Once all issues are resolved, the court issues a Decree of Dissolution of Marriage, which legally ends the marriage and outlines final orders regarding custody, support, and property division.
In most cases, the minimum time from filing to divorce is 60 days, but complex or contested cases can take several months or more.
Our divorce attorneys are ready to provide trustworthy guidance throughout your divorce process, while also fighting to safeguard what matters most to you.
Who Can File for Divorce in Arizona
To file for divorce, Arizona law requires at least one spouse to have been an Arizona resident for at least 90 days before filing. If you have children, they must have lived in Arizona for at least six months for the court to decide custody and parenting time.
Once you meet the residency requirement, you can file for divorce in the Superior Court of the county where you live.
If you need help with any aspect of filing for divorce in Arizona, our divorce lawyers are ready to help.
Property Division in Arizona
Property division can be one of the most highly contested aspects of an Arizona divorce. Knowing this, it’s important to understand what Arizona laws impact your ability to keep the possessions and assets that matter most to you.
Arizona law follows community property law, meaning almost all assets and debts acquired during the marriage are considered joint property and are divided equally during a divorce. This is true even if only one spouse’s name is on the account or title
As a result, many items are classified as community property. Community property can include:
- Income earned by either spouse during marriage
- Homes, vehicles, and personal property purchased during marriage
- Retirement accounts and pensions
- Businesses formed or expanded during the marriage
- Debts such as credit cards, mortgages, and loans
However, not all possessions or assets are considered community property in Arizona. Rather, there are a number of important assets that are considered separate property.
Separate property may include:
- Assets owned before marriage
- Inheritances or gifts received by one spouse during marriage that were kept separate
- Personal injury awards for pain and suffering
Some couples may have to divide property and assets that took a lifetime to acquire. If this is what you’re facing, you may feel like your whole world might be taken away from you.
That’s why our divorce attorneys use the most effective tools and strategies to safeguard what matters most to you.
For example, we can work with forensic accountants, appraisers, and valuation experts to uncover hidden income, untangle complex financial webs, and provide compelling arguments to move matters in your favor.
Common Issues with High-Asset Divorces
If your divorce involves substantial assets, your case requires a higher level of attention and legal sophistication to ensure you receive the outcome you deserve.
Every year, the divorce attorneys at Gillespie, Shields, & Taylor handle dozens of high-asset divorce cases across Arizona. This includes divorces involving professionals, executives, business owners, and high-net-worth individuals.
As a result, we know how to navigate each step of the process to achieve the best possible outcome for our clients with substantial assets and property.
To help you achieve the best outcome with your high-asset divorce, our attorneys have outlined these common issues you may face:
- Business valuation and division – The true value of a business is calculated using a variety of factors, including liabilities, the business’s reputation, and customer relationships. However, this valuation can be both time-consuming and expensive. Additionally, dividing a business in half can destroy the value of its assets.
- Investment portfolios and retirement plans – Care and attention to detail is especially important when establishing who rightfully owns the financial assets which include stocks, RSUs, pensions, and 401(k)s.
- Hidden or transferred assets – In some cases, spouses may try to move or disguise assets before or during divorce. Legal tools and resources are often needed to uncover these assets.
- Tax consequences – Improperly divided assets can trigger large tax liabilities. Fortunately, there are effective legal strategies to help high-asset clients avoid these undesirable consequences.
- Spousal maintenance – One spouse may be entitled to long-term support during a high-asset divorce, especially when only one mate worked secularly for a significant period of time during the marriage.
Gillespie, Shields, & Taylor can minimize or even avoid these and other pitfalls. Our knowledgeable attorneys utilize discovery tools, coordinate with financial professionals, and deploy effective legal strategies to provide you with every possible legal advantage.
Mediation and Negotiated Settlements
Not all Arizona divorces result in a lengthy courtroom battle.
Instead, many couples choose our attorneys to handle their mediation and negotiation to resolve their divorce respectfully, efficiently, and privately.
These friendly solutions can include private mediation, settlement conferences, or collaborative divorce processes.
These approaches offer several advantages, such as:
- More control over the outcome
- Less conflict and stress
- Reduced legal costs
- Faster resolution
- Greater privacy
- Reduced emotional impact on children
- Greater control over complex asset division
Even if your spouse seems unreasonable now, mediation can often succeed with the right preparation and representation. Gillespie, Shields, & Taylor can help you with this and every other aspect of mediation and negotiation.
This includes preparing for and participating in these processes. We may also bring in professionals like mediators, parenting coordinators, or financial advisors to help you come to an agreement and reach fair outcomes.
What it Costs to Get Divorced in Arizona
Many clients fear the financial toll from a divorce more than any emotional toll. As a result, many of our clients want to know much their divorce will cost them.
The short answer may not surprise you: Since every case is different, so there is no set-cost for an Arizona divorce.
However, there are ways to reduce the costs involved with your divorce by choosing the right legal representation.
One way you can do this is by choosing an attorney who is transparent about billing from the outset so you know what to expect.
They may also be flat-rate pricing options available for specific services, such as prenuptial agreements or uncontested divorces.
Additionally, your law firm may also offer complimentary legal consultations. This lets you understand your legal options without having to make a financial commitment. Doing so can save you money, since most law firm consultations charge $150 for 30 minutes and $300 for an hour
We are proud to offer all of these features at Gillespie, Shields, & Taylor. Our attorneys provide you with predictable pricing, helpful services such as flat-rate pricing, as well a free 15-minute consultation to help you make the right choice without a financial commitment.
Having fair, predictable pricing is just one of the many reasons that clients return to Gillespie, Shields, & Taylor when they need help again, as well as refer friends and family to us.
When an Ex-Spouse Doesn’t Obey a Court Order
Unfortunately, a final divorce order from Arizona courts doesn’t guarantee compliance from those involved. Instead, your ex-spouse may only obey some of the court’s orders, or even completely disobey them entirely.
Our attorneys have seen this happen countless times, with these being the most common enforcement issues:
- Refusal to follow custody or parenting time schedules
- Missed child support or spousal maintenance payments
- Failure to transfer property, titles, or accounts
- Noncompliance with debt or asset division
- Violating restrictions in protective order
But while this can be frustrating, disruptive, and even harmful to you and your family, you don’t need to feel powerless. The divorce attorneys at Gillespie, Shields, & Taylor have helped clients like you by taking a number of effective legal approaches.
File a Petition for Contempt
This asks the court to hold your ex-spouse legally accountable for willful violations, along with administering potential penalties that may include fines, make-up parenting time, or even jail time.
Request an Order to Enforce
This asks the court to reaffirm or clarify an existing order and require immediate compliance.
Seek wage garnishment
If child support or spousal maintenance payments are missed, our attorneys can request automatic deductions from your ex’s paycheck.
Ask for attorney’s fees
If your ex’s actions caused unnecessary litigation, the court may order them to pay your legal costs.
Whatever challenges you’re facing with your court order, delaying enforcement can make things harder. So if your ex-spouse isn’t following the rules, reach out to our attorneys. We can take appropriate legal action and help restore stability for you and your loved ones.
Contact Our Divorce Lawyers Today
Since 1985, the divorce lawyers at Gillespie, Shields, & Taylor has helped Arizona residents like you get the outcome they deserve from their divorce. Let us provide the personal guidance you need and the zealous legal representation you deserve.
Call us today at 602-870-9700 for our Phoenix location, or 480-985-4000 for our Mesa location.
Or fill out our contact form to get started.
Get Answers You Can Trust for Your Arizona Divorce
Even though we’ve handled thousands of divorces, we know that each divorce is unique — including yours. As a result, you may have unique concerns or specific questions that you still need answered.
Our experienced divorce attorneys are ready to provide the clear, understandable answers you’re looking for to help you move forward with clarity and confidence.
Let us help you know what to expect, create a unique legal strategy that matches your priorities, and come out the other side of your divorce with strength and prosperity.