Going through a divorce is rarely easy. During this sensitive time, emotions run high. That’s why you need a divorce attorney in Gilbert who can guide you through turbulent emotions and challenging legal issues with a purposeful strategy to protect your best interests. At Stewart Law Group, we understand how tough it is to remain objective during the emotional upheaval of a divorce. Let your Gilbert divorce attorney from Stewart Law Group take on the legal challenges of your Arizona divorce so you can focus on your family. If you’ve decided divorce is inevitable in your situation and you’re ready to file a petition—or you’ve received a divorce petition from your spouse—Call Stewart Law Group today so we can take action.
Why a Gilbert Divorce Lawyer Can Help
At Stewart Law Group, we have over a century of combined experience navigating divorces for Gilbert clients from all walks of life, from spouses seeking a military divorce to high-asset divorces for spouses with complex portfolios. We provide each client with the following significant advantages for their Gilbert divorce case.
Experience
Since 2004, founding attorney, Scott David Stewart, has represented clients through many legal challenges that arise in Arizona divorce cases. Our team is comprised of attorneys with years of experience representing clients in all family law matters with a particular emphasis on navigating divorce law to help our clients make the most seamless transition possible with the least amount of contention.
Dedication
We are resolution-oriented attorneys who seek the best possible outcome while avoiding drawn-out court disputes whenever possible. We are also dedicated to achieving our clients’ goals so our skilled litigators won’t hesitate to guide you through the court process when it’s necessary to achieve your desired outcomes.
Looking for a Gilbert Family Law Attorney Near You?
While it’s possible to complete a divorce without a lawyer, it’s never advisable to take on this challenging legal process without skilled legal guidance. Arizona has exacting laws for the division of marital assets, child custody, and child support. Drafting a settlement agreement or litigating divorce disputes in court requires an in-depth familiarity with all aspects of Arizona divorce law. At Stewart Law Group, we’ve made it our mission to help clients through this process during a sensitive time in their lives.
We are the premiere divorce lawyers in Gilbert to help with the following aspects of divorce:
- Child custody and parenting-time schedules
- Child support determinations under the state’s formula for calculating child support
- The fair and equitable division of marital assets and debts
- Spousal support
We also deftly navigate challenging military divorces, legal separations, and covenant divorces.
Arizona Divorce Timeline: What to Expect
Arizona is a no-fault divorce state. Spouses must only file for divorce on the grounds that their marriage is irretrievably broken. The general timeline of the process works as follows:
- One spouse files the divorce petition and becomes the petitioner in the process
- A process server serves the paperwork to the other spouse who becomes the respondent
- The respondent has 20 days to respond with their own pleadings to the court or 30 days if they are out of state
- Spouses should then begin negotiating the terms of their divorce through their attorneys and mediation in an attempt to form a settlement agreement that doesn’t require a court case
- If spouses have unresolved disputes, the case proceeds to court
It’s important to understand the difference in the process when spouses choose an uncontested divorce vs. a contested divorce.
Contested Divorce vs. Uncontested Divorce
When divorcing spouses and their attorneys agree to all terms of divorce including child custody, child support, spousal support, and the division of their marital debts and assets, their attorneys can draft a divorce settlement agreement under the agreed-upon terms. A judge reviews the agreement and typically signs it into binding orders in a final dissolution of marriage decree. This is an uncontested divorce which saves spouses time, money, and contention by avoiding a court battle.
When one or more disputes arise over the divorce terms either in child custody or asset division, and the disputes aren’t settled through negotiations or professional mediation, the divorce becomes a contested divorce requiring litigation in court. When the trial date arrives, both parties present their arguments in court. The judge considers all testimony and evidence presented and makes binding decisions in final orders.
Key Components of Arizona Divorce Law
To file for divorce in Arizona, at least one spouse must have resided in Arizona for at least 90 days. If divorcing spouses have children, the children must have lived in Arizona for at least six months for the state to have jurisdiction over them. During the divorce process, both spouses must make full financial disclosures listing their assets. Spouses retain their separate assets but all assets accumulated during the marriage are subject to equitable division in a way that’s fair if not strictly 50/50.
Separate assets include the following:
- Any assets owned by a spouse before the marriage and not comingled with the other spouse during the marriage
- Any assets inherited by one spouse during the marriage or gifted to one spouse alone during the marriage
Commingling a separate asset may give the other spouse a claim to a portion of the asset. For example, if one spouse puts time and money into improving real estate property owned by the other spouse.
Marital assets in an Arizona divorce include the following:
- All bank accounts regardless of whose name is on the account
- Retirement and investment accounts begun during the marriage
- Real estate properties purchased during the marriage
- All vehicles, boats, and RVs accumulated during the marriage
- All valuables, artwork, collectibles, and houseware purchased during the marriage
- Debts accumulated during the marriage
It’s always best if divorcing spouses can negotiate their own agreement for asset and debt division. For instance, if one spouse wants the marital home they could essentially “trade” it for a real estate property and an RV.
Our Gilbert divorce lawyers can help negotiate a Gilbert divorce agreement and schedule professional mediation to assist. If one or more matters of asset division, child custody, and support remain unresolved, your Gilbert family law attorney will assertively advocate for your desired outcomes in court.
Call Our Arizona Divorce Lawyers Today
No one should take on the Arizona divorce process without skilled legal counsel and representation throughout every stage of the process. Contact Stewart Law Group today for a case consultation so we can defend your rights and best interests, giving you the best possible start toward your post-divorce future.