Proven Tucson Divorce Lawyers Representing Arizona Clients
Ending a marriage can be a difficult process, and in most cases, a divorce triggers emotions that will affect your life and the lives of those around you at the present time, and for a long time going forward. How you handle a divorce can determine whether you and your spouse are able to move forward positively or face a contentious future. At Ayala Law Office, P.C., our Tucson and Pima County divorce lawyers are qualified family law advocates with 30 years of combined legal experience. At every stage of your case, our attorneys will focus their attention on your specific goals. We take the time to listen to you so that we can structure a strategy to obtain fair terms relating to property division, child custody and alimony.
Dedicated Advocates Provide Responsive Counsel To Divorcing Spouses
No two marriages or divorces are alike. When children and property are involved, the situation can become complicated quickly. Throughout Pima County and the surrounding area, our lawyers ease tensions and simplify matters by explaining legal issues such as:
- Grounds – The divorce process starts with the filing of a Petition for Dissolution of Marriage and other supporting initial orders and affidavits. Unless you have a covenant marriage, you can file for a no-fault divorce by only stating that the union is irretrievably broken. You do not need specific grounds. If you are seeking to dissolve a covenant marriage, you must allege one of the named grounds, such as adultery, abuse, or separation for a period specified by statute (see our link below on covenant marriages).
- Uncontested divorce – Divorcing spouses who agree on property division, alimony, child support and child custody in Tucson can pursue an uncontested divorce under Arizona law. This can make the process quicker and remove some procedural hurdles. However, even if there are no conflicts, it is important to have a qualified Tucson family law attorney draft the numerous pleadings, affidavits and initial Orders that are required so as to ensure that you are not only filing the complete package of documents required, to ensure that your rights are protected, and to assist you in avoiding the numerous unpleasant surprises later on if you do not know what you are doing.
- Spousal maintenance – Formerly known as “alimony” (the alimony statute has been repealed), this can be one of the most highly disputed aspects of a divorce, next to child support and last, property distribution. Judges will look to see if one of the parties to the divorce lacks the ability to meet their basic needs and/or if they cannot support themselves through employment, and if there is sufficient assets or income of the other party to offer support. If there is a legal disparity in income, an award may be granted, or the parties can agree to allow spousal support to be ordered paid. If it is ordered, there are numerous orders that have to be drawn up and entered with the court in order to enforce the collection of spousal maintenance. Our qualified divorce attorneys will review your marital estate and settlement options and we will apply the law to your circumstances and represent your interests, especially if a disagreement exists.
- Annulment – Many people misunderstand the purpose or the right of annulment. It is not a procedure that allows any couple to undo their union if they have only been married a short time. Rather, it is a mechanism to void a marriage that was entered into under illegal or improper conditions, such as fraud. This can include situations were one spouse was underage or is still married. If a marriage is annulled or voided there are no marital assets to divide, even if income and property was purchased during the union. If real property was purchased together, and an annulment is granted, that asset will need to be divided by order and re-deeded and re-titled to the party ending up with the property, if not sold.
Whether your divorce is amicable or highly disputed and contested, our trusting and knowledgeable divorce attorneys will take the time to listen to your concerns, review your estate and answer all of your questions.
Handling Child Custody/Parenting Time In Visitation And Legal Decision-Making Conflicts
We support the efforts of parents who wish to reach an agreement as to parenting time and legal decision making, on mutually acceptable terms. If this is impossible, our seasoned lawyers outline the factors that come into play when a court determines what is in a child’s best interests. Our personal approach to each matter means that we can construct a thorough argument for a resolution that meets your child’s physical, emotional, educational and social needs.
Compassionately Assisting With Child Support Matters
When parents of minor children no longer live together, or if the parents of the child never lived together, state law mandates that both biological parents, or adopted parents, contribute to their children’s financial needs. In Arizona, the court will set child support amounts based on a formula that includes the income of both parents, the amount of time the child spends at each home, medical expenses, childcare costs, and other factors, or the parties can agree for one of the parents to not pay child support or that no child support be paid at all. If child support is ordered or even if not ordered, many orders have to be drafted and filed with the court in order to ensure that child support is collected or ordered not to be paid. Either way, you will need a qualified child support attorney to assist you in making sure the accurate amount is calculated and that the proper orders get filed with the court.
If a child support request leads to an unfair outcome in the payment of child support, for any reason, our experienced child support lawyers can file draft and file to modify that order and ask the court for a revision. We also handle child support enforcement and modification actions when appropriate.
Knowledgeable Lawyers Finding Solutions To Property Division Disputes
Arizona is a community property state, so if a couple cannot agree on dividing their assets, the court is compelled to divide the value of marital property evenly. Our firm examines all of the relevant property, including items that are often overlooked such as retirement accounts held before marriage and accruing interest while married, other accounts held before marriage and other property benefits, such as increases in real property. From there, we advocate a solution that truly leaves each party with an equal distribution and portion of the marital estate. For more information, see our Property Division page.
Contact A Determined Pima County Divorce And Child Custody Lawyer
Ayala Law Office, P.C., represents Arizona clients in divorces, with or without children, and related matters, such as property disputes, Parenting time and legal decision-making disputes. Please call us at 520-585-4501 or contact us online to schedule an appointment at our Tucson office.