Personalized Divorce Representation in Arizona
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Schedule your comprehensive attorney consultation now and we can discuss the entire case.
Going through a divorce can be one of the most difficult times in a person’s life. Making the decision to dissolve your marriage can be emotionally taxing, especially if there are children involved. The end of a marriage can also be a confusing situation. Your divorce can include asset protection, child custody, and support issues, spousal maintenance, domestic violence, or drug use/abuse.
The attorneys at Gary J. Frank P.C. can make it easier for you and your children to go through the process of divorce in Arizona. We represent clients in both contested and uncontested divorce, with children or without children.
How to File for Divorce in Arizona
In order for a person to file for divorce in Arizona, one or both spouses must have lived in Arizona for at least 90 days. This includes spouses that are members of the Armed Forces and have been stationed in Arizona for at least 90 days.
1. Fill out your forms
In order to initiate your divorce in Arizona, the spouse filing for divorce (the petitioner) will need to file a “Petition for Dissolution of Marriage” with the Clerk of the Superior Court in the county where the party resides. The Petition is part of a “packet” that includes the Petition, Summons, Preliminary Injunction, and other related documents.
The Petition asks the court to grant the parties’ divorce, while also entering other orders such as the separation of community property, the identification of sole and separate property, and if there are children involved, legal decision making and parenting time orders. This is only the start of the divorce process, and the requests in your petition are usually not considered until evidence and testimony are presented at a trial or evidentiary hearing.
2. Service of Process
Once you file your Petition for Dissolution, you will need to serve the other party (your spouse) with a copy of your documents, which include the Petition, the Summons, and the Preliminary Injunction. There are several methods of service, but the most common are arranging service with the local Sherriff’s office or hiring a private process server.
Once the Petition is filed, you have 120 days from the date of filing to legally serve the other party before your case is dismissed. Once your spouse is served, he/she will have 20 days to file their Response to your Petition. If your spouse is served and fails to file a Response within the 20-day time period, then you can apply for a “default judgment.”
3. 60-Day waiting period
If you settle your case, meaning if you and your spouse agree to the terms of your divorce, then the parties will have to wait until 60-days before the Court will sign a final order dissolving the marriage. This is otherwise known as the “cooling-off” period. This cooling-off period begins when your spouse is served with the Petition. For example, if the parties submit a Consent Decree two weeks after the Petition is filed, the Court will still wait until the 60 day “cooling off” period has expired before signing your Consent Decree.
4. Decree of Dissolution
Whether the parties agree to the terms of their divorce, or their divorce was litigated and went to trial, the order that finalizes the divorce is called a Decree of Dissolution of Marriage. This will outline all of the terms of the divorce and state that each party will be returned to single status.
The end of a marriage can be a confusing situation. With various legal issues to be addressed, compounded with the emotional complexities of ending the relationship, the assistance of an experienced lawyer can be vital in helping you create a positive future for yourself and your children.
Covenant vs. Non-covenant
Arizona is a “no-fault” state, meaning that neither party needs to show blame or responsibility for the marriage ending. This is referred to as a “Non-Covenant” Marriage. It is considered a non-covenant marriage unless the parties specify that they are entering into a “Covenant Marriage.” The only question that needs to be answered in a divorce of a Non-Covenant Marriage is whether the marriage is “irretrievably broken” and that there is no chance of the parties reconciling.
A Covenant Marriage is different in that the parties must have the intent to enter into this type of marriage, which should be declared on their application for a marriage license. A Covenant Marriage is also different than a Non-Covenant Marriage because in order for the parties to divorce, someone must be at “fault.” This is important because in a Covenant Marriage, a state court cannot grant your divorce without a reason. This can include adultery, felony, habitual drug or alcohol use, or if both parties agree to a divorce.
We are able to address all divorce-related issues, including:
- Division of marital property and debt
- Child custody and parenting time issues
- Child support and spousal support (alimony)
- Legal separation
To better serve you and your best interests, we regularly work with property division and child support professionals, including CPAs, financial planners, and appraisers to determine asset values and fair division agreements.
Contact a Phoenix Divorce Attorney
At the office of Gary J. Frank, P.C., we take the time to understand your specific divorce needs and offer the advice you need to make decisions on how to address your issues. Whether you can come to amicable terms with your former spouse or need the assistance of a family law court to find resolutions, our staff is with you every step of the way.
Family Law Client
I had a very legally and emotionally difficult case and was fortunate enough to have Mr. Frank’s legal assistance. Mr. Frank was extremely professional, reliable, and competent. He always kept me informed of my case, and he gave me great legal insights. His litigation expertise and easy disposition allowed me to be comfortable and less stressed considering the situation. Mr. Frank always treated me with respect and valued my input. I felt part of a collaborative effort rather than the usual attorney-client relationship. It was a pleasure working with Mr. Frank, and I would most definitely recommend him to my friends and family.
I would recommend your services to anyone!
I am very satisfied for all you have done for me throughout my divorce and custody cases. You listened to what was important to me and you made it your number-one priority. The safety of my children meant the world to me and you helped me keep them safe. You are excellent in the courtroom. Throughout all of my court cases and different issues with my ex-husband, you helped me stay calm and grounded. I believe in our justice system since I was lucky enough to have an amazing attorney. Mr Gary Frank, you were a godsend in many ways, and every time I look at my children and know they’re safe I thank God for finding such a great attorney. I would recommend your services to anyone! Thank you once again for all your hard work.
I feel re-born!
“I can’t tell you how much I am now enjoying my life. It sounds crazy, but I feel re-born! Of course, I have my days, but they are fewer and fewer. I spend time with family and friends and for the first time in seven plus years, I feel alive and well. I will never be able to thank you enough for all your caring and encouragement throughout this extremely stressful and challenging time in my life. I could not have managed to get through it without your support.”
A Lawyer That Cares
I chose Hannah to represent me because I know she personally invest herself into each and every client. I could tell she really cared and was ready to fight for me. When I called to schedule for a consult, Hanna received the phone call, not some lawyer’s assistant or front desk person. She has gone above and beyond what was asked of her. She knows what she’s doing. Thank you so much Hanna!
I was going through a family court case & did not have a lawyer. I needed help filling out paperwork & knowing what to do in court. Mr. Frank met with me on several occasions & helped with properly filling out all of my paperwork & informing me of the correct way to file it. He gave me his cell phone # & always returned my calls promptly.
Gary was recommended to me by a relative. I was in a long-term abusive marriage and had had enough and was ready to put an end to it. while being “ready” I was scared to death as I was someone with low self-esteem and so afraid of how my Ex would respond. Gary gave me the courage to stand up for myself and helped me work thru my insecurities so that I was able to testify in court and breath. He walked me through all the steps of what we were going to do so that I understood. he was always ready to answer any questions/concerns I had in a timely manner (and I had a lot). I have recommended Gary to several friends going thru a divorce and I will continue to do so. I can’t thank him enough for his help and what he has done for me.
When you need better than the best
It is all about passion. Whether you play baseball, run a bakery, or practice law, you will do it better if you have passion. Hanna has that passion. She helped guide me through my trying times during my divorce and custody case. Her impeccable professionalism, humanity, and understanding as well as being tough enough to get things done were beyond what I could ever hope for. I couldn’t ask for a better attorney than Hanna. She not only cared about me, she also cared about the well-being of my daughter. I would highly recommend her to anyone.
Gary and Hanna are the most amazing and compassionate attorneys in AZ. They go above and beyond and would highly recommend them to anyone! They work with you and actually care about the well being of your children vs. Money (unlike most others). I cannot thank them enough for what they have done for my own family. Angels.
Thanks From A Confident Dad
Gary, I see your LinkedIn posts every now and then and just wanted to send you a quick note. Wow, the last 6 years have been a whirlwind. I just want to thank you again for the support and guidance you provided to me 6 years ago. It has made a monumental difference in my life. My son’s mother and I made the mutual decision to move (out of state) about a year and a half ago. Ironically, we live in the same neighborhood now, we’ve got our parenting plan at about 50% time each, and we walk him to school. We get along, and it honestly can’t be any better. My son is now in 1st grade, and he has a brother who is a year and a half. In the past 6 years, I’ve evolved from the scared, immature, insecure person who sat in your office to a confident father of two boys. Your input and guidance had a lot to do with that, so, thank you. I do miss Arizona – in due time, hopefully, I’ll be back.
Family Law Client
Successful Relocation Case
To say I am grateful would not be giving you guys enough credit. I am humbled to have found you and blessed beyond words.
Family Law Client
I Know In My Heart I Chose The Right Attorneys To Represent Me
I appreciate all of you and all that you have done on my behalf. Most of all, I appreciate all of your moral support and your faith in me and my intentions. I know in my heart that I chose the “Right Attorneys” to represent me. I am happy that I chose wisely and trusted my heart & my ‘gut instinct.’
November 2009 I retained Mr. Frank for almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…