The attorneys at The Law Office of Malkin & Associates, provide answers to any questions you have about your divorce or family law concerns. A free consultation is available with one of our lawyers to learn more about any of the following questions. Please contact our office in Phoenix at 602-266-0081.
Arizona is a “no fault state. If wither spouse wants to get a divorce the court will grant one. A spouse cannot contest whether a divorce takes place but may contest issues in the divorce.
Once the divorce petition and other documents have been served on your spouse, you need only wait 60 days if you and your spouse agree on all issues. If both parties agree you can obtain your divorce using a “default hearing,” or you can obtain a “consent decree” without ever having to go to court. There are times when agreements are not available in the beginning, however, The Law Office of Malkin & Associates has been successful in many of its clients’ cases. If agreements cannot be reached on all issues, the only other way to obtain a divorce is through a trial. Trials in divorce cases generally last between 1 and 3 hours. In such event, the judge makes all decisions (there is no jury in divorce cases). How long it takes to get to trial depends upon the complexity of your case and how backed up the judge is.
The total fees and costs in divorce proceedings vary depending upon a number of factors. If you and your spouse agree to most or all terms, the fees and costs will be minimal. It is our belief that no matter how simple the divorce, it is always in your best interests to consult with an attorney. Family Law issues are quite complex and often involve both emotional and financial problems that are difficult to handle by your own.
Maricopa County forms are available online: http://www.superiorcourt.maricopa.gov/superiorcourt/self-servicecenter/ These forms are free of charge. We highly recommend that you at least consult with an attorney. This consultation may save you a lot of money, time and headaches.