This post is intended to provide a simple, high-level overview of divorce in Arizona.\u00a0 With the exception of a “default” divorce, there are only two ways to resolve\u00a0 an Arizona divorce case–by agreement or by judicial decision following a court trial.<\/p>\n
A primary advantage of settlement is that the parties remain in control of the outcome.\u00a0 With a court trial, by contrast, everything is left in the hands of a judge who usually barely knows the parties and their children.\u00a0 In addition, resolving a case by settlement costs less–usually significantly less–than going to court.<\/p>\n
Whether a case is resolved by settlement or at a contested court trial, there are essentially four substantive categories of issues which must be addressed.\u00a0 These include the following:\u00a0 1) child legal decision-making and parenting time; 2)\u00a0 spousal maintenance; 3) child support; and 4) division of the parties’ assets and debts.\u00a0 A fifth issue which arises in some cases is whether one of the spouses should contribute to the other’s attorney’s fees and costs incurred in the divorce case.\u00a0 Each issue is addressed separately below:<\/p>\n
1.\u00a0 <\/strong>Child Issues (non-support).\u00a0\u00a0<\/strong>In any divorce case involving minor children, the divorce decree or parenting plan must designate a) which parent will have decision-making authority over the children; and b) what the parenting time schedule for the children will be.<\/p>\n \u00a0 \u00a0 \u00a0 a.<\/strong>\u00a0\u00a0Legal Decision-Making.<\/strong>\u00a0 A parenting plan must designate which parent will make major decisions for any minor children common to the parties in the areas of education, medical, religion, and personal care.\u00a0 In most cases, joint legal decision-making is awarded.\u00a0 Circumstances which may result in one parent receiving sole decision-making or final decision-making authority include ongoing substance abuse, domestic violence, or unresolved mental health issues.<\/p>\n \u00a0 \u00a0 \u00a0 b.<\/strong>\u00a0\u00a0Parenting Time.\u00a0\u00a0<\/strong>In addition to designating which parent has decision-making authority, the parenting plan also must address the children’s living schedule.\u00a0 The parenting plan should designate by specific days and times when the children will live with each parent.\u00a0 The parenting plan should also specifically address holiday and vacation parenting time.<\/p>\n 2.\u00a0 Spousal Maintenance.\u00a0\u00a0<\/strong>Even before getting to child support, spousal maintenance should be calculated.\u00a0 Spousal maintenance comes before child support because, in the child support calculation, spousal maintenance is deducted from the payor’s income and included in the payee’s income, thereby influencing the amount of the child support award.<\/p>\n 3.<\/strong>\u00a0\u00a0Child Support.\u00a0\u00a0<\/strong>Child support is calculated pursuant to the Arizona Child Support Guidelines.\u00a0 Factors which influence the amount of child support include both parents’ incomes or earning capacities, the parenting time schedule,\u00a0and the cost of medical insurance and day care.<\/p>\n 4.\u00a0\u00a0<\/strong>Division of Assets and Debts.<\/strong>\u00a0 All assets and debts acquired during the parties’ marriage must be allocated and divided between the parties as part of the divorce.\u00a0 The assets\u00a0 and debts must first be identified and valued.\u00a0 Only then can the parties intelligently discuss an agreement to divide up the assets and debts.\u00a0 Again, if the parties do not agree on how to divide their assets and debts, the Court will hear evidence at trial and then decide on an asset \/ debt split the judge determines fair.<\/p>\n 5.\u00a0\u00a0<\/strong>Attorney’s fees.\u00a0\u00a0<\/strong>While not an issue in every case, Arizona law does allow each spouse to make claims for attorney’s fees against the other.\u00a0 Fees may be awarded when one spouse earns significantly more than the other or when one spouse has taken an unreasonable position.<\/p>\n A short “overview” article like this necessarily has its limitations.\u00a0 \u00a0Every case is unique in its details, and we at Scoresby Family Law value every client and give every case our utmost care.\u00a0 Please call our office today to schedule a consultation about your divorce case.<\/p>\n Copyright \u00a9 2018 by Scoresby Family Law \u2013 J. Kyle Scoresby, P.C. All rights reserved.<\/p>\n","protected":false},"excerpt":{"rendered":" This post is intended to provide a simple, high-level overview of divorce in Arizona.\u00a0 With […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[109],"tags":[30,213,134,68,191],"class_list":["post-3105","post","type-post","status-publish","format-standard","hentry","category-divorce-process","tag-attorneys-fees","tag-child-support","tag-division-of-assets-and-debts","tag-parenting-time","tag-spousal-maintenance-alimony"],"yoast_head":"\n