Can I Get Divorced In Arizona If I Am Out Of The State Or Country?

As long as you or your spouse has been a resident of Arizona for 90 days or more at the time of filing, you can get a divorce in Arizona.  If you are in the military and serving overseas, Arizona may still be your residence. If you are divorcing using mediation or another cooperative means, you do not even have to come to Arizona to complete the divorce. With mediation, all discussions can occur over the phone or via Skype, or another online conference site.  The mediator would draft all the … [Read more...]

The Easy Arizona Divorce

The office supply store Staples is well known for their “Easy Button.”  A person presses the large red button and quickly gets what he/she wants. Is there an Easy Button for divorces in AZ?  There are admittedly very few easy divorces in Arizona because divorces are normally fraught with emotional pain.  But there is an “easy” divorce process – mediation. In mediation, the parties work cooperatively to reach agreements with the assistance of a mediator.  The mediator drafts and … [Read more...]

How Do Assets Get Divided In An Arizona Divorce?

In an Arizona divorce, the parties’ community property must be divided equitably. The Arizona Divorce Laws are as follows; What is community property? Community property includes any property obtained during the marriage.  The exception is property one party obtains through gift on inheritance. What does equitably mean? The law says community property should be “equitably” divided.  That means that the division should be near equal.  In other words, instead of dividing a couch in half, one … [Read more...]

Proposed New Custody Laws in Arizona

The Arizona legislature is considering significant changes to the state’s child custody laws.  First, the proposed new law essentially creates a presumption that parents will be awarded joint custody (meaning that the parties are to make important decisions for the children together).  Arizona Revised Statute (“A.R.S.”) § 25-403(C) would state:  “In a disputed family law matter involving children, if both parents are found to be fit or capable to be a parent, the court shall not award sole … [Read more...]

Arizona Divorce

If you are reading this article, you are likely contemplating or facing a divorce.  As a divorce attorney of almost 15 years and a long-term mediator, I am here to tell you that there are options on how you can process the divorce in Arizona.  Your choices will impact how long, expensive and stressful the process will be, as well as how much control you will have over the outcome. In an Arizona divorce, either the parties or the Court will determine such issues as:  custody, parental … [Read more...]

Divorce Arizona – If Mediation Is So Great, Why Doesn’t Everyone In Arizona Use It?

Mediation is effective at resolving disputes quickly, inexpensively and confidentially.  Around 90 percent of all people who try mediation end their conflict in mediation. You read that correctly:  almost all mediations are successful – no risky and expensive litigation necessary. Then why isn’t everyone using mediation in AZ?  First, many people do not even know mediation is an option.  Many think the only way to deal with a conflict is to sue or suffer.  Further, businesses and … [Read more...]

Ground Rules To Help Make Your Arizona Mediation Successful

Mediation works best when both parties come in with the right mindset.  The mediator will guide you in this process, but there are things you can do that will help make your mediation successful: 1. Be respectful. It makes the mediation a lot more pleasant, and it facilitates open communication that is more likely to result in settlement.  Mediation works when both parties are willing to listen and understand the other’s interests and needs. 2. Be reasonable. Make and consider offers that … [Read more...]

Minimize Negative Effects of Divorce on Your Children in Arizona

There have been a number of studies on the effects of divorce on children.   Divorce has been found to be “an intensely stressful experience for all children.”  [1] Children often are frightened, confused and feel a loss of control and security.  [2] The amount of parental conflict during and after a divorce is the single most important factor in determining children’s well-being. [3] The American Academy of Child & Adolescent Psychiatry concluded: Children will do best if they … [Read more...]

Is Arizona a No Fault Divorce State?

In Arizona, you do not have to prove someone is at fault (caused the divorce) to get a divorce.  You do not have to allege that the other person is cheating, stealing or is abusive. The Court is unconcerned with a spouse’s bad or unethical conduct, except if it impacts the best interests of any common children (for example:  domestic violence or drug abuse).  Also, if the misconduct constitutes financial misconduct (hiding/wasting money, for example), the Court may award the innocent party … [Read more...]

Alona M. Gottfried, Esq.
8160 E Butherus Dr, Suite #7 Scottsdale, AZ 85260
Phone: (480) 776-8271