When it is time to end your marriage, you want to do so as quickly and efficiently as possible. At The Harding Firm, we have helped many families get through this difficult time. Getting through this tough time is a lot less stressful when you have a seasoned advocate on your side.  The Harding Firm can make a difference for your family by our results-driven approach.

The Divorce Process

The legal phrase for a divorce is “dissolution of marriage.”  Given that Arizona is a “no-fault state,” either person may choose to divorce—without stating a reason for the dissolution. This means the parties do not have to allege infidelity, irreconcilable differences, incompatibility, or any other rationale for a divorce. In Arizona, the parties are not required to live separately for a period of time prior to filing for a divorce.  Note, if you are in a covenant marriage, there are some additional requirements, but do not worry, The Harding Firm can help you get out of a covenant marriage as well. Whether you choose a legal separation first or to head directly to divorce, we are here to ensure your legal needs are met.

Uncontested Divorce

In some cases, both parties agree to end the marriage, which mean the parties may not need to go to court because the matter is “uncontested.” The Harding Firm has experience with both uncontested and contested divorces. We will guide you through the legal process during your divorce to ensure your interests are represented.

Separation versus Divorce

Some couples may choose to legally separate for a time to determine if divorce is the next logical step for them. During the separation, specifics on division of property, spousal and child support, and parenting time can be determined while the couple is still legally married. Some aspects of the separation may hold when the divorce is finalized, while others may be revisited.

Annulment

In an annulment, one or both parties assert that the marriage was never legal due to fraud, duress, coercion, or some other reason. Once an annulment is granted, it will be as if the marriage never occurred, returning the individuals to their status as “single, never married.” Although annulments are rare in Arizona, this may be a valid legal option in some cases.

Division of Assets

Since Arizona is a community property state, property, assets, and debts acquired during the marriage are usually owned jointly by both parties. While it is not required that assets and debts be split equally during the dissolution of a marriage, the division of assets and debts must be equitable. “Equitabl” does not mean equal, but it means fair and impartial. Some couples are able to come to an agreement on this topic on their own but either way, The Harding Firm is here to navigate the process.

Pre-nuptial and Post-nuptial Agreements

With nearly 1 in 2 marriages ending in divorce, some couples choose to determine ahead of time how their assets will be divided should they choose to dissolve their union. This agreement may be made prior to the marriage (pre-nuptial) or following the ceremony (post-nuptial). We can either draft your agreement or review one that you have developed together.

If you are considering divorce, consider the principled and ethical approach embodied by The Harding Firm. Experience the difference with a Gilbert family law attorney who will advocate for your interests. Contact us to schedule your consultation today.