Divorce in Arizona: The Legal Process, Your Rights, and What to Expect - Softcover

Pontrelli, Marlene A.; Schwartz, Robert L.

Softcover

ISBN 10: 194049527X ISBN 13: 9781940495279

Verlag: Addicus Books, 2014

Inhaltsangabe

Providing accurate and objective information to help make the right decisions during a divorce in Arizona, this guide provides answers to more than 350 queries such as What is the mediation process in Arizona and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.

Über diesen Titel

Über die Autorin bzw. den Autor

Marlene A. Pontrelli is a certified specialist in family law. Her practice focuses on all aspects of family law including dissolution, postdissolution, paternity, child custody, and child support matters. A frequent lecturer in the area of family law, she has conducted numerous seminars throughout the country. She is a member of the State Bar&;s Family Law Practice and Procedure Committee and is a judge pro tem for the Superior Court of Maricopa County in both family law and civil matters. Robert L. Schwartz has been practicing law for over 40 years, specializing in family law. He is a fellow of the American Academy of Matrimonial Lawyers and past president of the Arizona chapter. He serves as a judge pro tem for the Superior Court of Maricopa County in family court matters. He is a certified family law specialist by the State Bar of Arizona, a frequent lecturer on family law and related matters, and a former member of the State Bar Family Law Advisory Commission. They both live in Phoenix.

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Divorce in Arizona

The Legal Process, Your Rights, and What to Expect

By Marlene A. Pontrelli, Robert L. Schwartz

Addicus Books, Inc.

Copyright © 2015 Marlene A. Pontrelli and Robert L. Schwartz
All rights reserved.

ISBN: 978-1-940495-27-9

Contents

Acknowledgments, 
Introduction, 
1 Understanding the Divorce Process, 
2 Coping with Stress during the Divorce Process, 
3 Working with Your Attorney, 
4 Attorney's Fees and Costs, 
5 The Discovery Process, 
6 Mediation and Alternative Dispute Resolution, 
7 Emergency: When You Fear Your Spouse, 
8 Legal Decision Making and Parenting Time, 
9 Child Support, 
10 Spousal Maintenance, 
11 Division of Property, 
12 Benefits: Insurance, Retirement, and Pensions, 
13 Division of Debts, 
14 Taxes, 
15 Going to Court, 
16 The Appeals Process, 
17 Postdivorce Considerations, 
In Closing, 
Appendix, 
Resources, 
Glossary, 
Index, 
About the Authors, 

CHAPTER 1

Understanding the Divorce Process

At a time when your life can feel like it's in utter chaos, sometimes the smallest bit of predictability can bring a sense of comfort. The outcome of many aspects of your divorce may be unknown, and that certainly increases your fear and anxiety. However, there is one part of your divorce that does have some measure of predictability and that is the divorce process itself. This book is designed to assist you in understanding the process and reduce some of the fear and anxiety about it.

Going through the divorce process can be a frightening and often intimidating experience. Many people have never had to meet with a lawyer before, or been involved in any type of litigation. At the same time you are facing the challenges of understanding the legal process, you are also trying to address the emotional issues that often come with the decision to terminate a marriage. The goal of this book is to make you more comfortable with the process, and help you make intelligent and informed decisions about your future.

Your lawyer may explain many of the items in this book in the first consultation. However, you likely will not remember everything that is said during that first meeting. Not only is there so much information given during the first consultation, but you are often not in the proper emotional state to fully understand everything that is being said. Accordingly, this book will help to refresh some of the things that were discussed with your lawyer and also prompt you to ask questions about topics you may not remember.

Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes just realizing you are completing stages and moving forward with your divorce reassures you that you are on the correct path.

The first step is to develop a basic understanding of the divorce process. This will lower your anxiety when your attorney starts talking about "depositions" or "going to trial" and you feel your heart start pounding in fear, or get anxious about what that actually means. Understanding the steps will also reduce your frustration about the length of the process because you will understand why each step is needed. Each step in the process is like climbing stairs that help you prepare for what comes next. More importantly, understanding the divorce process will make your experience of the entire divorce easier.

1.1 What is my first step?

Find a law firm that handles divorces as a regular part of its law practice. The best recommendations come from people who have knowledge of a lawyer's experience and reputation. Take your time in choosing a lawyer who is right for your case. This is one of the most important decisions you will make with respect to your divorce. Find an attorney you are comfortable discussing your case with as the attorney will likely learn more about your life than is known or shared with even close friends and family. Having a comfort level that this is a person you can speak with freely, who understands your situation, and who will competently represent you is important. The state bar of Arizona has a list of attorneys who have been certified as specialists in family law if you need to obtain names of potential lawyers in the area of family law.

Even if you are not ready to file for divorce, you may find it helpful to schedule an appointment with a lawyer to obtain basic information about protecting yourself and your children. Many times these initial consultations are to simply explore the process so you know what to expect, especially if you believe your spouse is planning on filing for divorce.

Ask what documents you should bring to your initial consultation. Write down specific questions to ask the attorney, so you will not forget some of them. In addition to specific questions unique to your circumstances, your questions should include: the attorney's approach to dividing assets, whether your case will involve a claim for spousal maintenance, what you can expect in terms of a time line, the attorney's form of communication with clients, the amount of retainer required to start the case, and whether the attorney has the time necessary to devote to your case.

A list of questions you wish to ask your attorney are included in question 3.2 in chapter 3. However, some basic areas to explore include:

• experience in family law

• the best way to communicate with the lawyer

• who will be handling the case on your behalf

• attorney's expectations of you

• the specific process and how long it will take

• potential outcomes

1.2 Must I have an attorney to get a divorce in Arizona?

You are not required to have an attorney to obtain a divorce in Arizona. However, if your case involves children, spousal maintenance, significant property, or debts, you may find it easier to have an attorney than proceeding on your own.

If your divorce does not involve any of these issues, and you want to proceed on your own, contact the self-help center at the superior court in your county, or call the clerk of the court to request documents and instructions that may be used in filing your own case and proceeding on your own. A person who proceeds in a legal matter without a lawyer is referred to as being in pro per or pro se, on one's own. In some counties, the forms are available online. A listing of available resources with applicable websites and telephone numbers is included in Resources at the end of the book.

If you are considering proceeding without an attorney, you may want to at least have an initial consultation with an attorney to discuss your rights and duties under the law. You may have certain rights or obligations you are unaware of. Meeting with a lawyer can help you decide whether to proceed on your own.

1.3 What steps are taken during the divorce process?

The divorce process in Arizona follows a particular pattern. Below is a list of the steps in the divorce process. The steps are a general overview and are explained in more detail throughout the book.

Obtaining Representation

• Obtain the names of lawyers experienced in family law.

• Schedule an appointment with an attorney for an initial consultation.

• Prepare questions and gather needed documents for initial consultation.

• Meet for initial consultation...

Details zur Ausgabe

• Verlag: Addicus Books
• Erscheinungsdatum: 2014
• Sprache: Englisch
• ISBN 10: 194049527X
• ISBN 13: 9781940495279
• Einband: Taschenbuch
• Anzahl der Seiten: 278
• Kontakt zum Hersteller: Nicht verfügbar
• Verantwortliche Person: Nicht verfügbar