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FAQs

Understanding the legal road ahead of you.

Frequently Asked Questions

How do I know if The Harding Firm is a good fit for me?
Are you looking for a firm that begins with the end in mind? We are a results-oriented team of people who seek to achieve the best possible outcome for your situation.

We are not “hand-holders” or emotional counselors, we are legal advocates, striving to get great solutions. If this is an approach you believe you would like, then schedule your consultation today.

What is a retainer, and should I have to pay one?
A retainer is an amount of money that pays for a block of time. Most attorneys use retainers, but retainers are not common practice at The Harding Firm.

The issue with retainers are clients usually run out of money prior to the end of the case. We want to be with you until the end, so we offer flat-fee options, which allows you to begin with the end in mind. We are not cheap, but this approach allows you to know the total amount of attorney’s fees and plan accordingly. We do not want to terminate our relationship because you are out of money. We want to be with you at the end, to help you achieve your desired results.

Habla Espanol?
Nuestra oficina esta capacitada con gente que puede intrepretarle con la abogada.  Podemos escribir sus documentos en Ingles, o representarlo(a) en su caso de familia.
How long does the divorce process take?
Arizona has a mandatory 60-day waiting period from when paperwork is served to your spouse until the divorce can be finalized. While the shortest time-frame to dissolve a marriage in Arizona is 61 days, this is not “average.” Most divorces take between six months (if the parties have minimal disagreements) to more than 18 months (if the parties have a lot of disagreements, children, and numerous assets).
How easy is it to get divorced?
It depends. If both parties are motivated to dissolve the marriage and are agreeable on the terms, it can be a seamless process. If the parties are stuck in a desire to hurt one another or to hold on to the marriage, the process can be quite a challenge. Whether simple or difficult, The Harding Firm is here to guide you through the process.
Will filing for a divorce shock my spouse and save my marriage?
While some people file for a divorce with the hope that it will shock their spouse into making changes needed to restore the marriage, that usually is not the case. Often, the spouse who is served with papers becomes hostile and defensive. Therefore, you should only file for a divorce when your goal is to dissolve the marriage.
Should I close my/our bank accounts?
In most divorce cases, you should keep all accounts the same during proceedings. This means keeping joint accounts open, maintaining payments on joint loans, and continuing to cover each other under insurance policies. If you choose to make changes, you may be asked by the judge to provide a reasonable explanation for your actions.

If you have been served with a temporary restraining order, you will likely be prohibited from closing accounts. If not, you are free to close them, but you should consider any possible consequences. Those consequences may include increasing the hostility level with your spouse.

You may choose to open an individual bank account during court proceedings, especially if you are concerned about how your spouse may handle joint monies. Just be sure to transfer money to the joint account if your spouse will need it to maintain a household, for instance.

If my case goes to court, will a jury decide the case?
When you and your spouse cannot agree on how to resolve your problems, it will go to trial and be determined by a judge. Juries do not listen to or decide divorce cases in Arizona. As with any other legal trial, each party will have the opportunity to present his or her case, produce evidence, and have witnesses testify on his or her behalf. The ultimate decision will be made by the judge, and both parties must follow the judge’s ruling.
What happens to our joint possessions?
Arizona is a community property state, meaning that most of the property you have as a couple will be split equitably during your divorce. “Equitably” means fair and impartial, which is not necessarily “equal.” There is no set formula or percentage amount to divide marital property. When a couple cannot decide how to split assets and debts, the court will divide the property using community property principles.
If I win my case, will the other party have to pay my attorney’s fees?
In Arizona, A.R.S. § 25-324 allows for the prevailing party to be reimbursed for their attorney’s fees and costs in family law cases. The court may award fees to one party based on income and the reasonableness of their positions. Regardless of the outcome, each party is responsible for their own attorney’s fees initially. If the court awards you fees, you will be reimbursed by the other party.

Divorce

As your family and divorce attorney, we focus on ending your marriage as efficiently as possible while protecting what you value most. Trust our focused, principled attorney to help get you through this tough time, with your best interest in mind. Call us today at 480-442-4142.

Child Custody

Protect your children during and following your divorce by ensuring they receive the emotional, physical, and fiscal support they need. We help during divorce and with post-divorce issues. Contact us today.

Collaborative Law

When a divorce is amicable, one way to avoid the courtroom is through collaborative law, which allows you and your spouse to work together on next steps for your family. Call us today at 480-442-4142.

Testimonials

What others think of The Harding Firm speaks volumes, much more so than we can share ourselves. Read what past clients have appreciated about working with us here

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