Legal Protection Before, During And After Your Divorce
If, as a lawyer, I could do only one thing for my divorce and legal separation clients, I would help them understand their rights, because only when armed with understanding can they ensure the protection of those rights.
At Glickstein Law, PLLC, I will explain your rights during your initial consultation. Additionally, I will explain the process for obtaining a divorce or legal separation, and I will help you understand the possible outcomes based on your specific situation.
Your Legal Options For Divorce In Arizona
In the state of Arizona, there are two basic types of divorce — uncontested and contested. When a divorce is uncontested, it simply means that neither spouse disagrees with filing for divorce or with the terms of the divorce itself. Generally, unless problems arise during the process, I charge a flat fee for representing clients’ interests in uncontested divorces.
When a divorce is contested, it means one of two things. Either one spouse does not want a divorce or the spouses cannot agree on the terms of the divorce. Usually, when one spouse contests a divorce, the process becomes infused with emotion — my job is to help you look past your emotions and toward your future by helping you make some of life’s most difficult decisions.
Is Legal Separation An Option?
In Arizona, unlike in many other states, legal separation is indeed an option. When spouses choose this path, they remain legally married while living separately with an agreement in place that outlines the separation.
Many people who choose this option do so for religious reasons. However, financial reasons can also lead people to choose legal separation over divorce. For example, if one spouse needs health insurance that the other spouse has provided and no other options are available, legal separation is sometimes the solution. Similarly, some spouses choose to legally separate instead of divorce as a way to increase the Social Security benefits for which they will be eligible at retirement.
Frequently Asked Questions About Divorce In Arizona
Many people begin the divorce process with understandable uncertainty about what comes next. Below, I address some common questions and offer practical guidance for an Arizona divorce.
How should I plan for divorce?
Preparation looks different depending on whether you are initiating the process or responding to a petition. If you are considering filing, a good first step is gathering financial records. You should also think through your goals for parenting time and property division, and avoid major financial changes without legal guidance.
If you have been served with divorce papers, review the documents carefully, note all deadlines and seek legal counsel promptly so you can respond in a timely and informed manner. In both situations, early organization and clarity about your priorities can help you navigate the process with greater stability and focus.
Can I get divorced if my spouse does not agree?
As a no-fault state, Arizona allows a divorce even when one spouse does not consent. The filing spouse only needs to state that the marriage is irretrievably broken, and the court can move forward even if the other spouse refuses to participate.
If the nonfiling spouse does not respond, the court may enter a default judgment after the required waiting periods and proper notice. This helps ensure that one party cannot prevent the dissolution of a marriage.
What should I consider if divorcing with children?
Parents should focus on how legal decision‑making authority and parenting time will be structured to support their children’s well‑being. Arizona courts evaluate factors such as each parent’s relationship with the child, communication patterns and the ability to provide a stable environment.
Both parents should also consider practical matters like navigating school schedules, transportation and extracurricular activities. A thoughtful parenting plan can reduce conflict and provide children with predictability during such a major transition.
What are temporary orders in a divorce?
Temporary orders are short‑term directives that the court can issue while the divorce is pending. They often address matters such as parenting time, child support, spousal maintenance and use of the marital home or vehicles during a divorce. These short-term orders can maintain stability and help ensure that essential needs are met until a final resolution is reached.
Since temporary orders can influence the overall tone of the case, I can help you understand how they work and how they may shape your divorce.
Let Me Help Determine Which Option Is Right For You
If you are uncertain about which option best fits you and your family’s needs, I invite you to schedule a free initial consultation at my Encanto Village law office. By calling 602-842-0887 or emailing me, you can arrange a time to discuss your current situation and explore your options. During our meeting, you will discover why so many people in the Phoenix metropolitan area turn to me, attorney Falynn S. Baum, for help during life’s challenging moments.