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Divorce for Women FAQs

Can I stop my spouse from divorcing me in Arizona?

If your spouse wants a divorce, but you don't, from a legal standpoint, there's not much you can do to stop them. You can always go to counseling and work on mending past hurts or resentments, but there's no guarantee that will work.

In a "no-fault" divorce state like Arizona, there's nothing you can do to stop a divorce legally. Your spouse can file for and obtain a divorce decree from the court. You can make the process difficult for your spouse, but you can't stop it. Even if you refuse to sign divorce papers, the court can still make it legal after some time.

Can my husband leave me with no money?

In Arizona, half or an equitable amount of the community property, assets, and income from your marriage belong to you. However the judge has broad discretion if this ends up in a 50/50 split. Equitable doesn’t always mean half.

If a spouse chooses to ignore the law and cuts you off financially, you can obtain a court order to force a spouse to share their income during the divorce process. Your divorce decree will also detail how much of and what property belongs to you after the divorce and if your spouse will pay you alimony, and how much.

Even if you have a prenuptial or postnuptial agreement, your husband can't legally leave you with no money. An agreement that stipulates something so unfair won't be enforceable in court.

How long does a divorce in Arizona take?

The length of your divorce in Arizona will depend upon the specific laws, the amount of assets and property you have, and how contentious your divorce is. If you and your spouse can work things out amicably, your divorce will take less time as you won't have to wait for a judge to work things out for you. For example, a divorce involving a business or other high assets or a couple fighting about the division of assets, child custody, or support will take longer than a divorce with fewer assets and a divorcing couple who can agree on how to settle their differences without much or any help from the court.

Arizona also has a 60-day waiting period between when a spouse files for divorce and when the divorce can be granted, which will impact the length of the process. Generally speaking, a divorce can take as little as a few months or even a few years. However, if you have a prenuptial or postnuptial agreement, it can decrease the length of time your divorce takes.

How much is my divorce in Arizona going to cost?

The cost of divorce in Arizona varies widely depending on specific factors such as:

  • What city you live in
  • Court filing fees in your jurisdiction
  • The law firm you hire
  • If you hire a divorce lawyer, law firm, or other professionals such as accountants, mediators, or private investigators
  • If you and your soon-to-be ex-spouse can settle the significant issues in your divorce on your own, or if you need your divorce lawyer and a judge to do that
  • The complexity of your finances
  • Child custody issues in the divorce.

According to Forbes Magazine, the median cost of a divorce in the U.S. is about $7,000. The average cost in Arizona is around $20,000. However, some divorces can be as minimal as $5000, but can reach up to triple-digit figures. Couples with enforceable prenuptial or postnuptial agreements will find that their divorce typically costs less.

How to divorce a spouse who makes the income?

Don't let money stop you from getting the divorce you deserve. Just because your spouse makes all the money doesn't mean they will get to keep it in the divorce. The best action to take right now is to hire an experienced divorce lawyer and law firm specializing in family law. The law firm can help you work with the court to ensure you have money to live off while you are going through your divorce.

Once you are divorced, your divorce decree will likely ensure that your spouse owes you alimony and that you get your equitable share of assets that belong to the marriage.

How to divorce in Arizona amicably?

Amicable divorces in Arizona can happen. Often, they happen with the help of a skilled divorce lawyer for women, law firm, and potentially even a mediator. Being able to see situations from your spouse's and even your children's point of view can help. Try putting yourself in their shoes, then prioritize what is most important to you in your divorce. For example, perhaps you really want to spend two weeks in the summer with your kids for summer vacation, but you don't care if you have them on the first day of school. You and your spouse could compromise on this, increasing the chances of an amicable divorce.

My husband is divorcing me, and I have no money. What are my options?

It's in your best interest to meet with a seasoned divorce lawyer and reputable law firm in your area as soon as possible. The law firm can ensure legal protections are in place so that your husband can't just leave you with no money while you are waiting for your divorce to be finalized.

If you can't afford a lawyer, call your city or the Arizona bar association and ask for contact information or search online to locate them. Many attorneys and law firms provide no-cost and also low-cost legal assistance. If you are indigent, they may represent you at no cost and will file all fee waiver papers on your behalf.

In addition, the court can order specific terms for your temporary situation, including terms for shelter, food, and transportation for you and any children you have together. In addition, the judge overseeing your case will ensure that you have the child support and alimony you deserve in your divorce, as well as your fair share of any marital assets.

My husband is divorcing me because I cheated. How will this affect the divorce in Arizona?

Arizona has "no-fault" divorces, meaning the court isn't really concerned with why you are getting divorced. As such, they don't care if one or both spouses cheated; they will address the case all the same.

While the reasons for your divorce can sometimes impact issues like child custody and support, the division of assets, or alimony, they often don't. In general, you will have the same rights during the divorce as you would have if you didn't cheat.

However, suppose there was a history of spousal or child abuse that led to the divorce. In that case, the offending spouse may not be able to receive alimony and may have their child custody or visitation rights limited or revoked.

My husband is divorcing me in Arizona; what are my rights?

All spouses going through a divorce have rights under Arizona laws. For example, if necessary for you to maintain the standard of living you enjoyed during your marriage, you are entitled to receive alimony. If you have children who will live more than half the time with you, you are likely entitled to receive child support. You also have rights to marital property, usually about half or an equitable amount, depending on the laws in your state.

Perhaps most importantly, you have the right to hire an experienced law firm who can help ensure all your other rights are protected.

What am I entitled to in Arizona if I divorce my husband?

Depending on the specific details of your situation, you are generally entitled to the following in an Arizona divorce:

  • Alimony or spousal support if you weren't the breadwinning spouse
  • Equitable or equal division of all your assets, property, and debts
  • Child custody and visitation for your children
  • Receiving child support if the children will be living with you

What is a non-working spouse entitled to in an Arizona divorce?

Generally speaking, the court views both the working and non-working spouses the same. Non-working spouses are still entitled to everything the working spouse is. In fact, the non-working spouse may also be entitled to receive alimony payments from the working spouse. Family courts in Arizona understand that just because one spouse isn't employed doesn't mean they haven't contributed to the family or the marriage.

Who gets the child tax credit in a divorce in Arizona?

Unfortunately, only one parent can claim the tax benefits in Arizona related to a dependent child who meets the qualifying child rules for tax credits. There is no way for parents to share or split the tax benefits for their children on their respective tax returns. As such, it's imperative that each parent knows who will claim their child on their tax return. In some cases, the court will put this in the divorce decree, and it frequently goes to the parent who has physical custody of the children. There is one special rule that allows the noncustodial parent to claim the dependency exemption for a child if the parent with physical custody releases the exemption, but it is not common.

Who gets the dog?

In an Arizona divorce, pets are treated like property. If one spouse owned the dog before the marriage, they would likely get to keep the dog if they desire. For example, suppose the dog was acquired after the marriage, and the divorcing spouses can't agree on who should get the dog. In that case, they can either draft a custody agreement sharing custody, or the judge will treat the dog as property and include it in the property division. The best-case scenario is when the divorcing couple can work together to reach a solution that is best for the dog. It's also possible that the dog is addressed in the prenuptial agreement if there is one.

Who gets the engagement ring?

Who gets to keep the engagement ring in a divorce can become a sticky situation. It might depend on when the ring was given and if it is an heirloom. However, courts have typically ruled that engagement rings are conditional gifts made by the husband-to-be to his fiancée. When the two marry, the condition is met, and it becomes a completed gift. Under this legal framework, the wife gets to keep the engagement ring as it is her non-marital property. If it is an heirloom and the husband can show proof of ownership, the courts may consider awarding it to the husband.

Who gets the house?

The divorcing couple will need to determine what happens to their house in an Arizona divorce. Generally, there are a few options, such as:

  • One spouse keeps and lives in the house (this is often the same spouse who will have custody of the kids the majority of the time)
  • The couple sells the home and splits the proceeds like other assets in the divorce
  • The couple keeps the home but rents it out and splits the proceeds—however, this can be problematic as they may need to agree to sell it one day
  • If the couple can't decide what to do, a judge will decide for them. For instance, the judge may award the home to one spouse but order that spouse to pay the other their fair share of equity in the home.

Who gets the kids in a divorce?

In Arizona it is preferred to allow children in a divorce to maintain close relationships with both parents. The courts will always do what is in the children's best interest when it comes to child custody and support. In doing this, they will look at many factors, such as:

  • The age of the child
  • The child's preferences
  • The parenting roles and responsibilities each parent has been handling already
  • Any history of abuse or neglect by either parent
  • A history of drug abuse or criminal charges by either parent
  • Where the parents will live
  • Where the child will attend school
  • If the child has any special needs
  • Any health issues the parents or child has
  • If both parents are supportive of the child having a relationship with the other parent

There's no blanket answer to who will get the kids in divorce before the process is complete. A healthier way for both parents to look at this question is how you will successfully raise your child in partnership with each other under two roofs.

Who gets the money?

All assets, including vehicles, properties, retirement accounts, income, as well as other types, will be classified and divided by Arizona laws. Some property, such as gifts and inheritances or property owned individually before the marriage, will be classified as individual property. Each spouse keeps their own individual property after the divorce.

On the other hand, marital property is acquired by the couple during the marriage. It is subject to division in divorce. These assets are divided equally in community property states like Arizona.

However, if you have a pre or postnuptial agreement, this agreement will trump the Arizona laws as long as a judge deems it enforceable. In this case, your property will be divided according to this agreement.

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