Who is Jensen Family Law
No one starts out their marriage with the idea they may someday get divorced. Unfortunately, sometimes many years after the honeymoon is over, what may have at one time been unthinkable, becomes a reality. Wedded bliss is sadly replaced with differences that simply cannot be resolved. If you find yourself facing the prospect of a divorce, you need an experienced, aggressive and compassionate Gilbert, Arizona family law attorney who understands the challenges of getting a divorce in Gilbert Arizona and will fight for your legal rights.
Most Arizona divorces involve three major issues: 1) the dissolution of the marriage (divorce); 2) issues involving minor children such as legal decision-making, parenting time and child support; and 3) division of community property and debt. Because Arizona is a no-fault state, the dissolution of the marriage is most often the least complicated part of any Arizona divorce. There are many reasons why married couples choose to end their marriage. However, because Arizona is a no-fault state, the specific reason for deciding to get a divorce is not considered by the judge. In fact, unless the reason for seeking a divorce directly impacts the safety or welfare of a child or children (abuse, perhaps drug or alcohol issues) most Arizona family law judges will not even want to know why the parties are seeking a divorce. So long as all the jurisdictional requirements for divorce under Arizona law can be met the marriage will be dissolved and the divorce granted.
The jurisdictional requirements are the minimum requirements that must be met under Arizona law in order for a family law judge to grant a divorce. If a couple cannot meet these minimum requirements, a judge cannot grant a divorce. The jurisdictional requirements necessary to obtain a divorce in Arizona are found in A.R.S. 25-312. The family law judge must make specific findings of each of the following before a divorce can be granted:
1. A divorce cannot be granted in Arizona unless at least one of the parties has lived in Arizona at least 90 days prior to the date the Petition for Dissolution of Marriage is filed. In Arizona, it is necessary to live in the State for at least three months before even filing the initial divorce paperwork, or if you live out of state, the other party must have lived in Arizona for least 90 days prior to filing the initial Dissolution Petition. Military personnel who are stationed in Arizona can commence a dissolution matter after they have been stationed in the state for at least 90 days.
2. Next, the court must determine whether the parties are aware of the free services offered by the state of Arizona through Conciliation Services to try to reconcile their marriage. The court must also determine whether or not the parties believe such services would help save the marriage. It is not, however, necessary for parties to participate in these services to move forward with the divorce. Instead, at least one party must acknowledge that he/she has been made aware of the services offered and that he/she does not believe that the services will save the marriage.
3. In addition to the above findings, the court must also make a specific finding that the marriage is irretrievably broken and that there is no hope of reconciliation.
4. Finally, the court must consider any issues involving minor children, including legal decision-making, child support as well as any issues related to spousal maintenance.
If the family law judge finds that each of the above requirements has been met, the divorce can be finalized. Divorces can be finalized either through agreement or through the trial with the help of your divorce attorney. If the parties can reach an agreement on all issues involved in the case a Consent Decree can be prepared and submitted to the judge for signature. In most cases where parties reach an agreement, they may never have to step foot in a court. On the other hand, if the parties cannot reach an agreement on some or all of the issues in the case, then the family court judge will set a trial and will be the final decision-maker on all issues.
The divorce process is often very difficult and emotional for the parties and their children. It is without a doubt one of the most difficult transitions anybody can go through in life. If you find yourself faced with the very difficult decision of going through with a divorce, it is very important that you understand your legal rights and that you have someone who is willing to fight for everything you are entitled to receive. Jensen Family Law has been handling divorce cases in Arizona for more than a decade. Mr. Jensen and his team of divorce attorneys in Gilbert AZ will help guide you through this difficult process and will fight for your rights with passion and the compassion you deserve.
Call us today to schedule your free consultation with one of our Divorce Lawyers in Gilbert Arizona.
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