Phoenix Divorce: The Phoenix Family Law News Blog

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Divorce in Phoenix

With the widely-circulated statistic of one-out-of-two marriages ending in divorce, the legal termination of marriages has become a reality for the modern Phoenix family. Previously, most states required that a spouse had to prove that the other spouse was guilty of “fault,” such as adultery, in order to get a divorce. However, Arizona now allows couples to file for “no fault” divorce, in which parties may simply claim irreconcilable differences as the legal grounds for divorce. Arizona is also unique in creating “covenant marriages” which allow couples to choose to enter a marriage in which divorce can only be granted for specific reasons listed in state law, such as adultery, the commission of a felony, or abandoning a home.

Divorce is a complicated process that involves the separation of marital property, custody and financial support of children, and alimony (if applicable), and it is advised that you seek the assistance of a skilled Phoenix Family Law attorney if you are going through a divorce.


Recently in Divorce Category

What Happens When You Hide Assets During a Divorce in Phoenix?

Arizona is a community property state, which means assets accumulated during the marriage are generally presumed to be the equal property of both spouses.

Unfortunately, a staggering number of spouses hide their finances from one another. It's also not uncommon for people who are contemplating divorce to start setting aside money or start buying items for personal use. But because that's community property, failing to disclose such actions during a divorce may amount to hiding assets.

And lying during divorce proceedings -- including hiding assets -- is illegal.

How to Increase Stepparent Visitation Days

The Arizona Supreme Court recognizes that in many cases, stepparents play an important role in raising a child. When a child's legal parent and stepparent get a divorce in Arizona, stepparents can petition for visitation rights. If visitation rights are granted, the stepparent can request a modification for increased visitation rights.

But getting increased visitation days with a stepchild is no simple feat. Generally, the court will give preference to what the natural parents want.

Still, when making a decision about modifying a stepparent visitation order, the court takes a host of factors into account.

Legal Separation or Divorce: What's the Difference?

Before getting a divorce, many couples try some time apart in the form of a legal separation. It also seems that for some, the divorce never happens. They choose legal separation as a permanent option.

That might be related to costs, since getting a divorce can be expensive. Staying separated also allows those couple to reap the benefits of being legally married without being together.

If you're considering divorce, it might be worthwhile to stop and think about legal separation. Is it for you? Here are a few things to consider:

Fault v. No-Fault Divorce, What Does it Mean?

No-fault divorce is a misleading name. Are you saying it’s no one’s fault that you’re getting a divorce? Because while some people may be able to accept the divorce without blame, for most it’s hard to not point fingers, at least a little bit.

And a no-fault divorce won’t stop you from doing that. It doesn’t really apply to where you put personal blame for the divorce. What the no-fault divorce did was give people the opportunity to get a divorce for without having to resort to difficult reasons that might not actually exist. Let us explain.

Mediation Instead of Divorce Court? It's Worth Trying

Divorce mediation doesn't have the same ring to it as "divorce court," which is probably why it hasn't caught on as a reality TV series. But the fact that it wouldn't make good entertainment also probably makes it a better option for regular people.

We can't be the only people who think the similarity between the words "mediation" and "meditation" makes them both sound like something hippies would promote.

It probably doesn't help that mediation is "alternative" -- as in, it's a form of alternative dispute resolution. But it's a good option for anyone who wants to avoid a fight, and especially for couples with children.

Former NFL star Jeremy Shockey's marriage to Daniela Cortazar Shockey lasted a grand total of eight months before the couple called it quits.

The 32-year-old free agent filed divorce papers late last year in Miami, stating that his marriage was "irretrievably broken," TMZ reports.

According to the filing, the couple signed a airtight prenup, ensuring Daniela will walk away from the marriage with nothing.

Former "Nip/Tuck" star Dylan Walsh learned a valuable lesson this holiday season: Always sign a prenup.

Last week, Walsh's split with ex-wife Joanna Going became official when a judge signed their divorce decree. Since there wasn't a prenup, Going will be walking away with half of Walsh's earnings during the marriage, including half of his royalties from "Nip/Tuck," TMZ reports.

After three years of marriage, actress Zooey Deschanel and her musician husband Ben Gibbard are calling it quits.

The star of Fox's "New Girl" filed for divorce nearly a year ago, citing "irreconcilable differences" as the reason for the break up. The split became official last week when a judge signed off on the divorce decree, according to TMZ.

Sarah Palin's oldest son Track Palin and his wife Britta have apparently decided that one year of married life was enough.

The couple jointly filed for divorce in an Alaskan court, according to TMZ. Under Alaskan law, a joint divorce filing means that the couple has fully settled any property and custody issues, including how Track and Britta will split custody of their 1-year-old daughter Kyla.

Actress Mayim Bialik, of "Blossom" and "The Big Bang Theory" fame, and her husband Michael Stone are throwing in the towel.

Bialik has filed divorce papers in Los Angeles Superior Court, citing "irreconcilable differences" as the reason for the split, according to TMZ. The couple seems to be parting on good terms, however, since Bialik has requested that she and her husband receive joint custody of the their two sons.