Divorce and Short Sales in Arizona

Divorce can often times be very stressful! Couples facing divorce are also faced with import decisions about their assets. As the Arizona Real Estate market continues to be volatile, a short sale is often the answer to couples facing such a hardship. With 65% of Arizona's mortgage holders under water, division of assets has taken a turn to relinquishing debt with proper protection for the consumer! These decisions require important considerations like tax consequences, credit score and … [Read more...]

Arizona Divorce No Money Down

If you are looking for an economical way to get a divorce (or resolve other family law issue), mediation may be your answer.  Mediation is a way to get a divorce without going to court and without the costs normally associated with going to court.   The parties sit down with a mediator, who is neutral.  The mediator helps the parties reach agreements and prepares all of the necessary documents for the parties and submits them to the Court. While every mediator charges differently, the … [Read more...]

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 cost of an Average Arizona Divorce

In a litigated divorce in Arizona can cost as much as a new car for each party – sometimes as much as a 2011 Ferrari.  It is not unusual to spend over $10,000.00 on attorney’s fees alone during the first six months of litigation.  Attorneys charge an average of $250.00 to $350.00 per hour and charge for everything from phone calls, to drafting letters and pleadings to Court appearances. Many litigated cases also require experts.  Experts may include custody evaluators, mental health experts, … [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...]

Judge Advocates for Family Law Mediation Instead of Litigation

Should Arizona offer mandatory Family Law Mediation If you are not convinced that mediation is better than litigation for your family law dispute, take it from a judge.  Justice Harvey Brownstone, a Canadian family court judge, wrote a book entitled:  Tug of War: A Judge's Verdict On Separation, Custody Battles And The Bitter Realities Of Family Court.  In it, he heavily advocates for mediation.  He notes that, no matter how good their representation, people who go to court for family law … [Read more...]

What Happens To The Pets In An Arizona Divorce?

Pets become part of a family. So what happens to Fluffy, Fido or Speedy when the family breaks up? Courts treat pets like property (I know:  the horror).  However, it is also not realistic to expect a Court to order a custody evaluation and determine with party is most fit to care for a dog or cat, as it would a child.  The Court has limited time and resources.  In fact, Courts rarely spend a lot of time dividing property, unless it is a big asset or one difficult to divide – like a house or … [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...]

Simmons & Gottfried, PLLC
8160 E Butherus Dr, Suite #7 Scottsdale, AZ 85260
Phone: (480) 998-1500