The Ultimate Buckeye Divorce Lawyer (2024)
By Cantor Law Group, a Top-Ranking Family Law Firm in Arizona for the last two years in a row by Ranking Arizona magazine! (2023 and 2024)
Board Certified Family Law Specialization
There are nearly 19,000 attorneys in Arizona who are eligible to practice Law. As of the start of 2024, the State Bar of Arizona Board of Legal Specialization listed only 64 Certified Family Law Specialists in the whole State. This means that approximately 3 out of every 1,000 lawyers in Arizona are Board-Certified Specialists in Family Law. Cantor Law Group has two (2) Board-Certified Family Law Specialists and one (1) Board-Certified Criminal Law Specialist to handle your Buckeye Divorce or Child Custody case, and any potential Criminal Allegations which may be involved. The complexities of Divorce in Buckeye, AZ can involve Family Law issues and Divorce proceedings ranging from simple Alimony to complex Business Owner Divorce. Therefore, it is essential to have legal representation from an experienced Divorce Attorney, such as the Lawyers at Cantor Law Group, who know Buckeye Divorce law well regarding the specific types of Divorce and the specific grounds for Divorce that will be involved in your case.
The Best Buckeye Divorce Team in Arizona
What factors do you look to when deciding who is the Best Family Law Firm to best handle your Divorce case in Buckeye, Arizona? You start by looking at the Firm’s overall experience, and the person who leads them. Cantor Law Group was formed over 20 years ago as a companion law firm to DM Cantor (a firm which handles only Criminal Defense). Cantor Law Group’s Family Law Team handles Divorce, Child Custody, and Juvenile Family Law Matters in Arizona. In addition to David Cantor’s Board-Certification as a Criminal Law Specialist, Cantor Law Group also has two (2) Board-Certified Family Law Specialists (Nicholas Boca and Travis Owen), who are both available to handle your case in Buckeye AZ.
After you have determined the Family Law Team’s experience, you next look to their results. At Cantor Law Group, we have handled cases involving everyday people, and professional athletes, to high asset/high net worth cases involving tens of millions of dollars. Our members have been appointed to various Legal Boards throughout the State of Arizona, as well as having been chosen to speak at numerous Continuing Legal Education seminars. If you need a Buckeye Arizona Family Law or Divorce Attorney to assist you with your Divorce paperwork, then contact Cantor Law Group’s Buckeye Arizona Family Lawyer, and speak to an Expert Divorce Attorney today!
The Divorce Process in Buckeye
What is a Divorce in Arizona?
Ending a marriage is a significant decision, and navigating the legal process of Divorce can seem daunting. Understanding the basics can empower you to approach this difficult time with clarity and confidence.
When two people marry in Arizona, they enter into a contract governed by Title 25 of the Arizona Revised Statutes. These laws govern key aspects of Family Law, including Child Custody (legal decision-making and parenting time), Property Division, Child Support, and Spousal Support (also known as “Alimony”).
At its core, Divorce is the Legal Dissolution (termination) of a marriage contract. This involves resolving several key issues:
- Child Custody and Care: Determining the living arrangements and parental responsibilities for any children of the marriage.
- Financial Matters: Dividing marital assets and debts and potentially arranging Child Support or Spousal Maintenance.
- Freedom to Remarry: Once the Divorce is finalized, both parties are legally free to pursue new relationships.
Legal Separation vs. Divorce
The primary difference between a Legal Separation and a Divorce is that a Legal Separation does not end the marriage. As a result, it may be more important to you to proceed with a Legal Separation because of religious beliefs, to remain on your spouse’s health insurance, to try out a trial separation to determine if you want to reconcile or proceed forward with a Divorce, or if you want to be eligible to claim higher Social Security benefits under your spouse’s Social Security benefits but have been married less than the ten years required to do so. Additionally, Legal Separation does not have a 90-day residency requirement like Divorce. Unlike Divorce, Legal Separation only requires one of the parties, at the time the action commences, to be domiciled in Buckeye Arizona.
Both Legal Separation and Divorce have many commonalities. At the end of both processes, issues concerning Child Custody, Child Support, Spousal Maintenance, and the division and assets and debts will be resolved or determined. A Legal Separation does mean that parents involved in the process will be living apart, so the care of their children must be decided appropriately. If you need legal help with the Arizona Divorce process, then contact an experienced Family Law Attorney, and the Arizona Divorce Experts at Cantor Law Group, and speak with a Buckeye Divorce Attorney today!
Covenant Marriage and Divorce
A Covenant Marriage establishes additional requirements that must be met before a couple is officially married in Arizona. If the couple later chooses to Divorce, the unique stipulations of a covenant marriage mean the divorce process becomes much more difficult compared to a couple who chose a traditional marriage. Read More.
What is the difference between Contested vs. Uncontested Divorce in Buckeye?
If both spouses reach agreements on all of the issues in the Divorce, including provisions concerning the children, Asset Division, Spousal Maintenance, and Child Support, then the Divorce is considered “Uncontested”. An Uncontested Divorce results in a Consent Decree being entered by the Court. A Default Judgment can also be considered an Uncontested Divorce, because one of the spouses did not contest any of the relief requested by the other spouse. If just one issue is not agreed upon by either spouse, then the Divorce is considered “Contested.”
What is Collaborative Divorce?
Collaborative Divorce is a specialized form of Divorce that is relatively new to Buckeye Arizona. It involves a much different process than regular Divorce. Read more.
What is an Annulment?
An Annulment is a declaration by the court that no marriage existed in the first place, therefore the marriage was null and void. Read more.
How do I prepare for a Divorce?
Do These Steps While Preparing for Divorce:
- Do Contact An Attorney at Cantor Law Group Immediately.
- Do Privatize Your Social Media And Change Your Online Account Passwords.
- Do Gather All of Your Financial Documents.
- Do Put Together a List of All of Your Assets and Debts, Including Personal Property.
- Do Maintain Your Mental and Physical Health.
- Do Get a Group of Family and Friends as Support Throughout the Divorce Process.
- Do Always Act with Integrity.
- Do Work Towards an Amicable Divorce with Your Spouse.
DON’T Do These While Preparing for Divorce:
- Don’t Vacate Your Home Before the Divorce is Final Without Consulting Your Lawyer.
- Don’t Conceal Money or Assets.
- Don’t Expect Your Lawyer to Handle Everything.
- Don’t Stop Paying Your Spouse’s Health and Car Insurance.
- Don’t Start a New Romantic Relationship Before the Divorce Is Finalized.
Cantor Law Group are Buckeye Arizona Family Law Attorneys who can help you with your Family Law solutions regarding everything from Alimony and issues involving Children, all the way to High-Asset Divorces involving Complex Business Valuations. Contact us for a Free Initial Consultation to receive Expert advice from our Buckeye Family Law Attorneys today!
How is a Divorce initiated in Arizona?
Every Buckeye Divorce action is initiated with the filing of a Petition for Dissolution of Marriage. This document is the most important of the documents initially filed. This document sets out the necessary facts of your Divorce and lets the court know exactly what you are seeking in the Divorce. In this Petition, you are able to tell the court what kind of Custody arrangement you want for the children, how you want your property divided and whether you or your spouse is entitled to Child Support or Spousal Maintenance.
This document should help you provide a good picture of what you want at the end of the divorce process. You should ask the court for everything that you want, even if it is not what you would settle for at the end of your Dissolution. You want to request that you be awarded certain things, because if the other party does not answer the Petition and you get a “Default” against your spouse, your requests in that Initial Petition are what will be awarded to you. If you are looking for Divorce Representation in the Buckeye Arizona area, which involves issues ranging from Visitation Rights to a Restraining Order, then contact the Arizona Family Lawyers and Buckeye Attorneys at Cantor Law Group now!
How Does Spousal Maintenance/Alimony Work?
When couples in Arizona file for Divorce, either spouse may request the Court issue an Order for Spousal Maintenance or Spousal Support (also commonly known as Alimony). However, Spousal Maintenance is not awarded in every Divorce Case in which it is requested. Read More.
How Does Child Custody or Visitation Work?
When it comes to Child Custody, Arizona’s Statute breaks it into two parts: Legal Decision-Making authority, and Parenting Time. This Authority can include either Joint or Sole Decision-Making power, and the Court will look to things such as Orders of Protection based on substance abuse or mental health issues, and the opinions of Experts such as the Court-Appointed Special Advisors (CAA’s) and Comprehensive Family Evaluators (CFE’s). Many times they will put a Parenting Plan in place and they will look at other issues such as Relocation, Paternity, Father’s Rights and Modifications in Buckeye AZ.
In regard to Child Support, the Court will do Income Determination and look to the Support Guidelines. They will also use the Support “Calculator,” and look to issues such as child tax credits, child-related expenses, and deviations and modifications which can come into play. Click the link below to see our comprehensive information involving both Child Custody and Child Support.
How Does Asset and Property Division Work?
At the end of the marriages, Asset and Property Division will need to take place. This can involve concepts of Community Property versus Separate Property; Real Property issues; Community Liens and formulas used to calculate apportionment of those liens; Retirement Accounts; and Pensions. All of these will involve tax consequences, therefore, it is important to have the Best and most knowledgeable Buckeye Family Law Attorney on your side (such as those at Cantor Law Group) who can also incorporate the services of an outside CPA or Tax Advisor, if necessary. Click the link below to see our detailed information on Asset and Property Division.
Required Information in a Divorce or Dissolution Petition
This Petition must include the following information required by A.R.S. § 25-312 and by A.R.S. § 25-314:
- That one of the parties, at the time the action was commenced, was domiciled in Arizona or was stationed in this state while a member of the armed services and that in either case the domicile or military presence has been maintained for ninety days before filing the petition for Dissolution of Marriage. Your domicile is the place you consider your permanent home, not just where you’re staying temporarily. Someone lives in a place with the intention of making it their permanent home, and they remain ‘domiciled’ there until they move to a new place with the same intention.
- A statement that no one has filed a Petition requesting Conciliation Court under A.R.S. § 25-381.09. The Conciliation Court’s purpose is to preserve the marriage by effecting a dispute resolution between the parties or for amicable settlement of the controversy between the spouses to avoid further litigation over the issues involved.
- The marriage is “irretrievably broken,” meaning the relationship between the spouses cannot be repaired.
- If the marriage is a Covenant Marriage, any of the grounds prescribed in A.R.S. § 25-903. A Covenant Marriage is a legally distinct kind of marriage, in which the marrying spouses agree to obtain pre-marital counseling and accept more limited grounds for later seeking divorce.
- The birth date, occupation and address of each party and the length of domicile in this state.
- The date of the marriage, the place at which it was performed.
- The names, birth dates and addresses of all living children, natural or adopted, common to the parties and whether the wife is pregnant.
- The details of any agreements between the parties as to support, legal decision-making and parenting time of the children and maintenance of a spouse.
- The relief sought, meaning what you are asking the court to award you as part of the Divorce. For example, the specific legal decision-making and parenting time orders you are seeking. Arizona follows the “notice pleading” standard in which Divorce Petitions only need to lay out a basic reason for divorce and enough facts to justify it. This allows both sides to gather more information later through Discovery.
Besides the Petition, what other pleadings are required to initiate a Divorce Action?
Certain pleadings are required to be filed along with the Petition when you initiate your divorce action in Buckeye AZ. Failure to file all of the required pleadings in the correct way may result in your case being delayed or certain rights not being protected.
- Notice of Appearance: This is the notice to the court of your Divorce Attorney, their law firm, and where to send notice and information coming from the court.
- Family Court Cover Sheet: This form helps the Courts set up your file in their computer system. It should be the top form you present to the Clerk when you file these forms. The Clerk will want to see that all of this information is filled out, so that their Court records are complete. Throughout the divorce process, the Court will periodically send out minute entries or Court Orders to you. It is important that your personal information (especially your address) is updated with the Court, so that you will receive all of these necessary documents.
- Sensitive Data Sheet: The purpose of this sensitive data sheet is to provide the court other relevant information. Please be cautioned that this information may become public record and be available for everyone to see. Do not provide complete account numbers or Social Security numbers due to the risk of identity fraud.
- Summons: The Summons officially notifies the Respondent (other spouse) that a lawsuit (Divorce) has been filed against him/her and he/she is a party to the action. The Summons also informs the Respondent how long he/she has to answer the Divorce. This document is signed by the Clerk of Court who, at the time of filing, will emboss the document with their official seal.
- Notice of Right to Convert Health Insurance: This legal notice outlines how your health insurance coverage could be affected after your Dissolution is final. It includes information as to whether you are included on your spouse’s insurance policy, what insurance coverage applies to you and how to get it, what coverage applies to your children, preexisting conditions or exclusions from insurance coverage, and limits on rights to insurance coverage for you and your children. This document must be served on the party in a dissolution. It is not usually applicable to Legal Separations, but you may want to check with your insurance company.
- Notice Regarding Creditors: This Notice is required for all actions of Divorce and Legal Separation. This document explains that you and your spouse are responsible for “community debts.” It also suggests that you may want to contact your creditors to discuss the debts and the effects of your Divorce or Legal Separation.
- Preliminary Injunction: The Preliminary Injunction is a new set of rules that must be followed by you and your spouse after a spouse is served with Dissolution or Legal Separation paperwork. These rules are explained in the Preliminary Injunction document you filed and served upon the other party. These rules are mandated for every couple going through the process of Dissolution or Legal Separation. It is important not to violate any of these rules.
- Order and Notice to Attend Parent Information Program: This form gives your spouse notice that he or she must attend a Parent Information Class. This is a mandatory class for both parents to attend. Parents do not attend this class together, and each parent is able to choose a convenient location and time to attend. Try to take this class early in your dissolution process. When you have taken the class, the instructor will give you a form to file with the court. It is important that you file it with the Court; the Court is then on notice that you filed it. Prior to filing, make additional copies of the form for yourself and for your spouse. You cannot get any Custody without having filed this certificate.
If you are unable to take this Parent Information Class because you are on military duty, it is possible to ask your Judge if you can be exempt from taking it. There is a form, Motion to Request Exemption from Parent Information Class, that you can fill out and file with the Court. It is within the Court’s discretion whether or not to grant your Request to be Exempted from this requirement.
Service of Divorce (Dissolution) Petition
Once a Divorce Petition is filed, you need to Serve your spouse with the Petition and Initial Divorce Pleadings. Service can be accomplished by hiring someone called a “Process Server” to go hand the documents to your spouse, and they will complete an Affidavit of Service, which they then file with the Court. Service can also be accomplished in Buckeye AZ by Certified Mail with a return receipt.
Serving the Divorce Petition and Initial Pleadings on your spouse can become complicated. For example, if your spouse lives out of state or the country or is actively avoiding Service. Cantor Law Group’s experienced Buckeye Divorce Attorneys can find your spouse and ensure they are Served properly in compliance with Arizona law.
Can I just hand the documents to my spouse?
The short answer is no. However, you can have your spouse sign an Acceptance of Service, which you can file with the Court. If your spouse signed this Acceptance of Service, it does not mean they agree with any of the allegations or requests you make in your Petition. It simply is an acknowledgement that they have been Served with the Divorce Petition and Initial Pleadings.
If your spouse is properly Served within Arizona, then they have 20 calendar days to “respond” with a written pleading. If they have been served outside of Arizona, then they have 30 calendar days to respond. Under the Arizona Rules of Family Law Procedure, some deadlines are expressed in “calendar days” and some in “judicial” or “business days.” Calendar days include every day, meaning, weekends and holidays. Judicial days, excludes weekends and holidays. Any deadline that is less than 11 days is counted as judicial days and any deadline that is more, is calendar days. You do not count the first day in which the “act” occurred. For example, if your spouse if Served on April 4th in Arizona, you would start counting the 20-day deadline for their Response on April 5th, and their response would need to be filed with the Court by April 25th. Court and procedural deadlines are important in your Family Law Case. Cantor Law Group’s Arizona Divorce Lawyers understand these requirements under Arizona law and how to preserve your rights.
Important: End of the Marital Community
Arizona is a Community Property state, which stands for the principle that each spouse as equal ownership and control over property acquired during the marriage. A.R.S. § 25-211 outlines that “all property acquired by either husband or wife during the marriage is the community property of the husband and wife.” The only exceptions to that rule are property acquired gift, devise, or descent or earned after Service of a Divorce Petition. These Community Property principles also apply to debts acquired during the marriage by either spouse.
These Community Property principals ends when a Divorce Petition is filed and served on the other spouse.
How Quick Can This Resolve, and What is a “Cooling Off Period?”
Under A.R.S. § 25-329 the court will not enter a Divorce Decree or hold a trial sooner than 60 days after the Divorce Petition has been Served. Meaning, you will not be divorced sooner than 60 days after the Divorce Petition has been Served. A Divorce Decree is a resolution of all outstanding issues in your Divorce; the agreement to be divorced. It outlines all of the final terms of your Divorce, including asset division, Custody, Spousal Maintenance, and Child Support.
What if No Response is filed?
If no response is filed, you can request that the Court enter a “Default Judgment” against your spouse. A Default Judgment grants all of the requests you make in your Divorce Petition, without allowing your spouse to dispute those requests or be heard on their requests. There are very specific requirements when completing the Default process. First, your Initial Divorce Petition must be pleaded correctly. In Default, the court will generally not grant your request for something different than the requests outlined in your Petition. Second, you have to file an Application and Affidavit for a Default Judgment after the Response deadline has passed, and provide proper notice to your spouse of the Default. Then, you wait a 10-judicial-day period before the court can enter a Default Judgment.
After this 10-day period has lapsed, your spouse is in “Default” which they cannot fix unless they are able to show that they were not properly Served with the Divorce Petition and Initial Pleadings. After this 10-day period, depending on the issues in your Divorce case, you can request the Court enter your Default Judgment, granting your Divorce, without a hearing. If you proceed to a Default Hearing, your Attorney with Cantor Law Group will elicit testimony from you to establish jurisdiction and a basis for the requests you are making. Then, the court will enter your Default Judgment (also known as a Default Decree), and you will be divorced.
Surprising to most people is that your spouse can show up at the Default Hearing. If your spouse does show up, they cannot make their own requests to the Court, however, they can participate in the hearing to help the Court determine if your requests are appropriate and to establish the truth of any statement. For example, if you and your spouse own a home together as Community Property, but you are stating it is your Sole and Separate Property (which is an untrue statement, i.e., don’t do this), and your spouse informs the Court that your statement is untrue, the Court will divide that home as Community Property.
When you file for Divorce the court will issue a Preliminary Injunction that applies to the person filing the documents when they are filed and applies to the other spouse when he or she is either Served with that Preliminary Injunction or becomes aware of it; whichever occurs first. The Preliminary Injunction has the same effect as a Court order signed by a Judge.
Governed by A.R.S. § 25-315, the purpose of the Preliminary Injunction is to prevent certain things from happening during a Divorce case. Specifically, the Injunction is a Court Order preventing either party from doing the following:
- It Orders the spouses not to transfer, encumber, conceal, sell or otherwise dispose of Joint, Common or Community Property.
- It Orders the parties not to molest, harass, disturb the peace of or commit an assault or battery on the other spouse or a natural or adopted child of the spouses.
- It Orders the spouses not to remove the children from Arizona without the written permission of the other parent or permission from the Court.
- It Orders the spouses not to cause the other party or their child to be removed from health insurance, dental insurance, disability insurance, or automobile insurance policies.
- It Orders that the spouses maintain all insurance policies in full force and effect.
The only exceptions to the Orders in the Preliminary Injunction relate to the Order preventing either spouse from selling Joint, Common, and Community Property. The injunction does allow a spouse to sell Joint, Common, or Community Assets if it is done so for one of the following reasons:
- Property is sold in the normal course of business.
- Property is sold to provide for the necessities of life.
- Property is sold to pay Court fees or reasonable Attorney fees.
- Property is sold by the written consent of both spouses.
- Property is sold with permission from the Court.
Violation of the Preliminary Injunction can result in serious consequences. Up to and including arrest and prosecution for the misdemeanor crime of Interference with Judicial Proceedings. Arizona law also permits Police Officers to arrest a spouse for violating the Injunction without the need to first obtain an Arrest Warrant and regardless of whether the violation of the Injunction was or was not witnessed by the law enforcement officer.
In a Buckeye Divorce, a crucial stage called Discovery and Disclosure unfolds. During this stage, spouses formally exchange details about their finances, possessions, and critical personal matters relevant to the Divorce. This exchange aims to equip both parties with the comprehensive information needed to confidently negotiate or litigate crucial aspects of their Divorce, such as dividing marital assets and debts, determining Child Custody arrangements, establishing Child Support, and deciding on Spousal Maintenance. Essentially, it sets the foundation for a transparent and informed resolution.
Disclosure specifically outlines certain information and documentation each spouse is required to exchange during the Divorce process. For example, their respective income documentation including W2s, paystubs, and tax returns, and their monthly bank statements for the six months prior to the filing of the Divorce Petition. Discovery is a set of affirmative tools each spouse can use to require the other spouse to either produce certain information/documentation or answer specific questions. You can also Compel third-parties or third-party organizations to produce information/documentation.
In every Family Law Case, Rule 49 of the Arizona Rules of Family Law Procedure mandates that both parties Disclose certain documents and answer questions relevant to the case. This duty to disclose is a “continuing duty” — each party is required to provide additional information and amend previous disclosures when changed circumstances warrant doing so. This requirement typically includes:
- Complete tax returns for the past three years.
- Pay stubs or other evidence of earned income for the current year.
- Deeds, leases, and promissory notes.
- Periodic statements for the past six months for all bank, savings, and investment accounts.
- Life insurance, health insurance, and disability insurance policy statements.
- Detailed list of personal property, real estate, and debts.
- Debt statements, including credit cards for the 11 months prior to the filing of the petition.
- Protective Orders.
- Treatment providers for any psychiatric or psychological issues, anger management issues, substance abuse issues, or domestic violence or abuse issues for the period beginning five years prior to the filing of the Petition.
- Criminal history of a spouse, or any other household members within the prior ten years of the filing of the Petition.
- Department of Child Safety reports within the prior ten years of filing of the Petition.
- Child Support payment history.
Complying with the Disclosure requirements can be overwhelming and confusing. It is important to engage the service of an experienced Cantor Law Group Buckeye Divorce Attorney to ensure you are completing the process correctly.
High-Net Worth (High-Asset) Issues
High Net-Worth and High Asset cases involve very specialized knowledge. Many times this will involve Business Valuations and division, which would look extensively at any Executive Compensation Plans. These plans can include Employee Stock Options; Restricted Stock Units (RSUs); Employee Stock Purchase Plans, and Deferred Compensation Plans. A highly qualified Cantor Law Group Attorney will assist with the “tracing” of Assets. This may involve utilizing a Forensic Accounting Expert, who will determine true income, the worth of high-value collectibles, cryptocurrencies, US dollar conversions, etc. Click the link below to see detailed information on your High Net Worth/High Assets Divorce Case.
What if my Spouse is Hiding Assets?
Many times in a contentious Buckeye Divorce, the issue of “Hiding Assets” will arise. This is where one spouse specifically hides or undervalues other Assets to prevent them from being divided equitably within the Divorce. This can involve the obvious, such as blocking one’s spouse out of an account or draining the funds, all the way to the subtle issues of slowly draining an account or ceasing to pay bills. Many times one spouse will overstate their debts or hide other billing statements which shows their actual spending habits.
If these issues arise, the Court can impose fines and penalties, and they can Order the “Hiding” spouse to pay legal fees. Also, criminal consequences such as Perjury Charges or Contempt of Court may be involved. If your situation involves the potential of your spouse Hiding Assets, click the link below to receive detailed information.
What about Marital Waste Issues?
Marital Waste Claims almost always involve the three A’s: Adultery, Alcohol, or Addiction. Sometimes, this Addiction can be due to shopping or gambling. Whenever a party is successful on a Marital Waste claim, this can involve the Court ordering reimbursement to the innocent spouse by way of direct compensation, or by them receiving a larger portion of the Community Property. If your case involves Marital Waste issues, click the link below to receive more information.
Tools Cantor Law Group Attorneys use in the Discovery Process
The Tools your Cantor Law Group Lawyer will use during the Discovery Process are numerous and varied. They can include Interrogatories, Deposition, Subpoenas, and Requests for Production or Admissions. We can also protect you from overly-broad Discovery Requests which involve Embarrassment or Harassment, Privilege, or Requests which are not-Relevant and/or Excessive. Click the link below to view comprehensive Discovery Tools utilized by Cantor Law Group.
Resolution Management Conference (RMC)
A Resolution Management Conference (“RMC”) is an organizational hearing with the Judge assigned to the case. Each party is required to submit a Proposed Resolution Statement, under Rule 76 of the Arizona Rules of Family Law Procedure. No evidence or testimony is presented, and the Court does not enter any Orders regarding the contested issues unless the parties agree. The Court can order the parties to attend other services, such as a parenting conference or mediation.
The Proposed Resolution Statement will outline your settlement positions for the Court. Your Attorney is required to “meet and confer” with your spouse’s Attorney prior to the Conference to determine what is any Agreements can be made, if there are any Discovery or Disclosure issues, and to determine the best way to resolve the Contested Divorce issues. Either by Mediation or with a Trial.
If you do reach some Agreements with your spouse, those agreements can be outlined to the Judge during the RMC. After being outlined, the Judge will swear in each spouse and ask a series of questions including, did they understand the agreements, did they have a change to speak with the Lawyer about the terms, are the entering into the agreements voluntarily and free from duress or coercion, and if applicable, so they believe the agreements are in the best interest of their children. Then, the Judge will enter the Agreements “on the record” (recorded during the hearing) and they become binding. Once the Agreements are binding, they cannot be undone.
Temporary Orders can be Issued at any point During the Divorce Process
Temporary Orders are Court orders regarding various issues pending the final Trial or Settlement. These are temporary in nature and are generally terminated upon the final Trial or Settlement. If an agreement cannot be reached soon after the Divorce is filed it is sometimes necessary to file a Motion for Temporary Orders to obtain interim Court Orders dividing accounts, granting use of the community residence, and to obtain Orders regarding payment of Community obligations. Temporary Orders can also address Parenting Time, Child Support, Spousal Maintenance, temporary awards of Attorney fees and costs and a myriad of other issues.
Once a Motion for Temporary Orders is filed, the Court will either set the Temporary Orders Evidentiary Hearing or schedule a Resolution Management Conference to discuss the issues outlined in the Motion for Temporary Orders. In Buckeye, the courts give very little time for a Temporary Orders Evidentiary Hearing. Typically 30 to 60 minutes. Which means you only have half of that allotted time to present your case. This compressed time requirement necessitates the experience and planning of a seasoned Cantor Law Group Buckeye Arizona Divorce Attorney.
There are Three (3) different types of Temporary Orders depending on the type of case, or your immediate needs:
1. Pre-Decree Temporary Orders (per Rule 47)
- The Court must schedule a RMC.
- May skip RMC and set an Evidentiary Hearing.
- RMC or Evidentiary Hearing must be set within 30 days of motion being filed.
2. Post-Decree Temporary Orders (per Rule 47.2)
- The Court will set a RMC or Evidentiary Hearing as appropriate.
3. Emergency Temporary Orders (per Rule 48)
- The Court must set an Evidentiary Hearing not later than 10 days after entry of the Orders, unless extended for good cause.
- Ex-Parte: “Ex parte” is a Latin phrase meaning “on one side only; by or for one party.” An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the Judge about the issues in the case without the other parties’ knowledge.
- Standard: Cleary show by specific facts that if an Order is not issued before the adverse party can be heard, the moving party or a minor child of the moving party will be irreparably injured; or irreparable injury, loss, or damage will result to the separate or Community Property of the moving party.
- Due Process: Procedural Due Process refers to the constitutional requirement that when the government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be meaningfully heard, and a decision by a neutral decisionmaker.
Mediation/Alternative Dispute Resolution (“ADR”)
Mediation is a process to assist parties in resolving disputes of any outstanding issues. Read More.
If you are unable to resolve all of the outstanding issues in your Divorce Case, the remaining issues will need a Trial. During a Trial, both sides will argue their positions during the hearing through opening and closing statements and evidence.
What We Do When We Represent You
When you hire Cantor Law Group to represent you regarding your Buckeye Divorce or Child Custody case, we always keep our “Core Purpose” in mind when we represent you: “We are here to help people navigate through the toughest times of their lives.” When we perform our duties as a Family Law Firm, we always keep these three principles in mind: (1) Do Hard Work, (2) have Excellent Trial Skills, and (3) – perhaps the most important of the three – have High Touch Client Services.
Once you have retained Cantor Law Group, we’ll have you immediately meet with your Attorney’s Paralegal in order to go over all the facts in much greater detail, and to prepare an Affidavit of Financial Information. In addition, we will have you next meet with your assigned Attorney in order to solidify your specific goals and set a timeline for achieving those goals. After that meeting, you will receive a “Goals Letter” to review within the next few business days. Once you have confirmed all of the written Goals, then the Pleadings regarding your case will be filed shortly thereafter.
What Our Clients Say
Buckeye Divorce Lawyer FAQ’s
There are many frequently asked questions (FAQ’s) which occur during the Divorce process. This can involve things such as who should sue first, can I still live in my home, do I have to change my name, etc. Click the link below to see a detailed list of FAQ’s and their answers.
Work With a Cantor Law Group Buckeye Divorce Lawyer Today
For a free consultation and free case evaluation with one of our Buckeye Divorce Attorneys and Family Law Lawyers, call our 24 hour Buckeye Divorce Lawyers Hotline at 602-307-0808 , or click here for a free consultation on any criminal cases.