Frequently Asked Divorce Questions
Deciding to end one’s marriage can be an emotional time in a person’s life. This turmoil can be compounded when people do not understand the laws surrounding divorce. Most people have questions about what it will take to end their marriages and how the process will affect their lives. Rather than face these questions on their own, people can find the information they need and be guided in the process by a Chandler divorce attorney at My AZ Lawyers.
Common questions about Arizona divorce law include:
- Q. How long will it take for my divorce to be finalized?
- A. The amount of time it will take for your divorce to be finalized depends on whether or not you and your spouse are in agreement about division of assets, child custody, and other matters. If no disagreement exists between the two parties, Arizona divorce law states that the divorce can be granted 60 days after the spouses are served with divorce papers. If you and your spouse disagree on any matter, the dissolution of your marriage could take longer.
- Q. Will I receive child support and spousal support?
- A. The parent who is awarded child custody of the couple’s minor children is usually awarded a certain amount of child support. The amount of support is determined by the court and is based on what the non-custodial parent earns, in most cases. Whether or not you may receive spousal support also is determined by the court. If a spouse does not have a job or earns significantly less than the other party, the judge may award the lesser-earning spouse support as a way to allow that individual to start his or her new life.
- Q. If I am not awarded custody of the children, will I receive visitation rights?
- A. In most cases, the parent who does not receive physical custody receives visitation rights to his or her children. Circumstances that might interfere with visitation include the parent’s using illegal substances or having a history of domestic violence. Even then, the court may award that person supervised visitation during which an objective third-party individual would supervise the parent’s time with his or her children. Otherwise, non-custodial parents are usually granted weekend visitations, as well as several weeks in the summer to visit with their children. Couples who are granted joint custody may have more liberal visitation terms.
- Q. How will our assets be divided?
- A. The state’s law stipulates that any property gained during the marriage is considered to be jointly owned by the couple. Houses, cars, bank accounts, and other assets are usually divided equally between the two parties. Some couples can agree on who will take over the house and family’s vehicle, while other couples must have the judge decide this issue for them. However, any property that was gained prior to the marriage or was gifted to an individual during the marriage is considered to be that person’s separate property. It does not have to be split with that person’s spouse.
- Q. Can I have my maiden name reinstated after my divorce?
- A. Arizona’s divorce law allows for women to have their maiden names reinstated after their divorces are granted. They can inform their divorce lawyer of their wish as they file their paperwork. No law exists that would prevent a woman from having her maiden name reinstated.
These questions and more can be answered the experienced Chandler divorce lawyers at My AZ Lawyers. People have many concerns as they file for divorce. They may rely on their divorce attorney for assistance.