Divorce Attorneys Who Will Put Your Interests First

Divorce can be filled with emotion and uncertainty. At the Maricopa County-based law firm of Donaldson Cunningham, P.C., in Chandler, Arizona, we show compassion toward our clients to help ensure that they can make the best choices for themselves and their children.

Divorce does not have to be a contentious process. Our attorneys can help facilitate settlements between the divorcing parties. If there is not a settlement, however, we will diligently represent our clients in court proceedings.

Contested Divorce And The Opportunity For Mediation

In contested divorces, disputes can arise over child custody and parenting time, child support, spousal maintenance and marital property division. Many judges will expect the parties to sit down together and try to work out their disagreements. At the very least, they want to know what you have done to resolve any disputes prior to your court appearance.

At Donaldson Cunningham, P.C., we encourage mediation and other forms of alternative dispute resolution so our clients can avoid relinquishing control to a judge and so they can try to maintain the ability to make key decisions in a cooperative way.

Emotional Versus Legal Issues In A Divorce

While we are mindful of the emotional reality that our clients are experiencing, our job is to separate the emotions from the legal issues. We gently steer our clients toward appropriate emotional support systems and guide them toward attending to the legal matters and ultimately a resolution of the case.

Common Questions About Divorce In Arizona

Divorce often raises practical questions before the case begins. The following answers address common filing, property and parenting issues in an Arizona divorce:

Do my spouse and I have to live in separate homes before filing?

No. Arizona does not require you and your spouse to live in separate homes before filing for divorce. You may file even if you still live in the same house.

This can matter when finances, parenting schedules or housing concerns make an immediate move unrealistic. Living together may be a feasible option, but it can make boundaries more important. You may still need to decide who pays bills, how you will share parenting responsibilities and whether either spouse will ask the court for temporary orders while the divorce is pending.

How does Arizona handle the division of marital property and debts?

In Arizona, most property acquired during the marriage is community property unless a legal exception applies. The name on a title, account or other document does not always decide whether property belongs to the marital community or to an individual spouse.

During divorce, the court divides community property and debts equitably. That often leads to an equal division, but “equitable” does not always mean each item is split in half. Instead, the court may assign certain assets, accounts, vehicles, real estate or debts to one spouse while balancing the overall division. Separate property, such as property owned before marriage or certain gifts or inheritances, is not divided as part of the allocation of the community.

What are the residency requirements to file for divorce in Maricopa County?

Before you can file for divorce in Maricopa County, Arizona, you or your spouse must have been a resident of the county for at least 90 days. The same timing rule can also apply when a spouse’s military assignment places them in Arizona.

If you have minor children, the court may also need to confirm that Arizona has authority to make legal decisions and parenting time. In most cases, Arizona must qualify as the child’s home state before the court can issue those initial orders. That usually means the child made Arizona their primary home during the six months before the divorce filing. Different rules may apply if the child recently moved, another state already has custody jurisdiction or safety concerns require faster court action.

Contact A Seasoned Divorce Attorney Today

For more information or to schedule an appointment with an experienced lawyer, please call us at 480-792-9770 or contact us online.