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Law Offices of Janice M. Palmer, P.C. 2420 West Ray Road Suite 1 Chandler, AZ 85224 Phone: 480.820.4771 Fax: 480.345.2003
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Bankruptcy FAQs | Family Law FAQs
Frequently Asked Family Law Questions
The following Frequently Asked Questions (FAQs) deal with family law in Arizona. We encourage you to read our Disclaimer, before relying on any of these materials.
Does your office offer a free consultation in divorce matters?
No, we offer a reduced fee consultation.
How much does it cost for a divorce?
It is hard to tell you what the costs are for a dissolution. It depends on how much litigation is necessary in order to represent the client’s rights. Some dissolution proceedings are relatively simple and can be finalized with moderate costs. The cost of the dissolution is based on the factors involved in your case. If there are many disputes about children, property, debts and spousal maintenance, it is simply going to cost more to obtain a final decree. We charge an hourly rate for dissolutions and keep track of all time spent on your matter.
How long does it take to get divorced?
In Arizona, the earliest your dissolution can be final is sixty days after the date of service of the initial paperwork. However, if the matter is contested and litigated, it could take much longer, up to 1 or 2 years.
How long do you have to live here to file for a dissolution in Arizona?
In Arizona, you must be a resident for ninety days before you file a Petition for Dissolution.
What’s going to happen to my property?
It depends. In Arizona, we have community property. Community property is property which is acquired during the marriage by the parties. That is not property which is acquired by gift, devise or inheritance. In Arizona each party has an undivided one-half interest in their community property. This interest is divided equitably upon dissolution. Equitable means that which is fair, but for most situations an equal division is anticipated.
Can I remove money from a joint checking account?
It depends. I cannot give that advice without having more information about your situation. This is why Ms. Palmer talks to you personally in the office so that she can understand your situation and how the law applies to it.
How is custody determined?
In Arizona, the court applies a best interest of the minor child standard. There are basically two forms of legal custody, sole legal custody and joint legal custody. Sole custody means that one person has legal custody and joint custody means joint legal custody or joint physical custody or both. Joint legal custody means that both parents share legal custody and neither parent’s rights are superior except with respect to specified decisions as set forth by the court or the parents in the final judgment. Joint physical custody means the condition under which the physical residence of the child is shared by the parents in a manner that assures that the child has substantially equal time and contact with both parents. Those are the legal definitions from A.R.S. § 25-402
How is child support figured?
Child support is based off the incomes of Mother and Father and expenses related to medical insurance, child care costs and other extraordinary expenses related to the children. In Arizona, the courts apply the child support guidelines to determine the amount of child support.