The prospect of divorce invariably creates a wide range of emotions. Losing what once seemed to be a source of unconditional support is never easy. It is compounded by the frustration of the seemingly hostile legal proceedings that you are left with in its place. As an experienced Phoenix, Arizona divorce attorney, I handle contested divorces with competence, compassion and personalized attention. At the Daly Law Firm, we represent clients from throughout the Greater Phoenix area and Arizona in both legal separation and in all aspects of divorce (dissolution of marriage) including property division, spousal support or spousal maintenance, child custody and visitation, and child support.
Do I Need an Attorney for Divorce?
Getting legal help early in the process will help to avoid a lot of common errors and the stresses that accompany those mistakes. Hiring an attorney early in the process often prevents the mistakes that occur when parties to divorce represent themselves before the court. I know this because I handle many cases where individuals have tried to handle their divorce themselves and later came to me when they could no longer navigate their way through the legal system.
What Options Do I Have?
Arizona is a no-fault divorce state. As such, either party may file for divorce for no other reason than irreconcilable differences. But despite hurt feelings or anger toward the other party, it is most often in the best interests of both spouses to work out an agreement and avoid divorce litigation.
The primary reason for this is that a negotiated settlement affords more control than going to court, where the final decision lies with a judge. However, if an agreement cannot be reached through mediation or alternative dispute resolution, I will vigorously defend my clients’ interests in court to ensure a fair divorce settlement.
Overview
Property Division
Arizona is a community property state. What this means is that all assets acquired during the marriage are considered part of the “marital community”. And dividing the community in the event of divorce can be difficult to accomplish fairly without the help of an experienced Arizona divorce lawyer.
The division of marital assets and debts includes:
- Business valuations
- Division of retirement accounts
- Division of pension plans
- Division of investment accounts
- Real property valuation
As a firm, we have established relationships with experts in various disciplines. We retain forensic accountants and other professionals to value pension plans, stocks and stock options, homes and other real estate, and business ownership interests. If necessary, we retain child psychologists, counselors and vocational evaluators. And while I am empathetic toward our clients, I do not hesitate to deal aggressively with the opposition if the situation requires it. My goal is to achieve results that are fully in the best interests of my clients.
At the Daly Law Firm, I represent individuals from throughout Scottsdale and the Greater Phoenix, Arizona area and provide experienced legal services related to property division in divorce.
Spousal Support
About Spousal Support (Alimony)
The court may order monthly payments by one spouse to support the other spouse pending a divorce or legal separation. Formerly referred to as alimony, spousal support may continue after the conclusion of the divorce, depending on factors outlined in Arizona Revised Statutes §25-319.
In awarding permanent spousal support, the judge must consider many factors, such as:
1. The standard of living established during the marriage.
2. The duration of themarriage.
3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.
4. The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance.
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.
6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
7. The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse.
8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.
9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently.
10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
13. All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.
Whether your case requires vigorous negotiation, mediation, or assertive representation at trial, I have the legal knowledge and courtroom experience to protect you and your interests in the divorce-related matters of spousal support and modifications to support agreements and court orders. I provide a client-centered practice with a keen emphasis on the maintenance of low fees. Call today to schedule a free consultation regarding your family law matter at 480-263-9127.
Daly Law Firm, PLLC
2415 East Camelback Road, Suite 700
Phoenix, AZ 85016
Telephone: 480-263-9127
Fax: 602-357-7453
Daly Law Firm, PLLC
17015 North Scottsdale Road, Suite 130
Scottsdale AZ 85255
Telephone: 480-263-9127
Fax: 602-357-7453
The Daly Law Firm serves clients in Phoenix, Scottsdale, Fountain Hills, Mesa, Tempe, Glendale, Peoria, Chandler, Gilbert, Apache Junction, Avondale, Paradise Valley and Surprise. The firm also serves clients across Maricopa County, Pinal County and Yavapai County in Arizona, as well as the Phoenix metro area and Valley of the Sun.