Frequently Asked Questions

Phoenix Family Law Attorney

What will I need in order to get a divorce?

Arizona is a "no fault" state, which means that you do not need to state a specific reason for wanting to get a divorce, nor does your spouse have to agree to the divorce.

How long does it take to get a divorce?

Once the divorce petition and other related documents have been served to the other party, you will only need to wait 60 days, provided you and your spouse agree on the terms of the divorce.  If you and your spouse cannot come to an agreement on all of the issues, the matter will need to go to trial.  While most divorce trials only last about four hours, the length of time it takes to secure the trial depends on the complexity of your divorce case, as well as the case load of the judge.  Should the case go to trial, it is highly advised that you retain the services of a Phoenix divorce attorney who can represent your position in court.

How is child support calculated?

The guidelines for child support payment vary from state to state, but all are generally based on the parents' income, their expenses, and the needs of the children.  Some of the factors that are universally considered by judges in child support matters include:

• The child's standard of living prior to the separation or divorce
• The paying parent's ability to make regular payments
• The needs of the child (or children), including costs for food, clothing, and education
• The custodial parent's income and needs

How does a court decide which parent will retain custody of a child?

A court will usually make a decision regarding child custody based on the best interests of the child.  Some of the factors considered include:

• The child's gender
• The child's age
• The child's physical/mental health
• The emotional bond between the child and their parents
• The lifestyles of both parents
• The parents' ability to provide basic necessities
• The child's preference (provided they are above a certain age)