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Divorce
Can I get an annulment?
You can get an annulment if you entered into a marriage that is either an illegal marriage or became voidable due to some defect in the marriage that occurred at the time of marriage. If you have only been married a short time and you realized you made a mistake, it may not be enough to get an annulment. The best way to figure out if you qualify is to meet with a divorce attorney.
Read Full FAQMy spouse started a business, can I get it in the divorce?
Maybe, unless an exception applies, you are an owner of the business because it was started during the marriage. Under Arizona law, it does not matter whether your name is on the business because it was started during the marriage, it is part of of the community property and needs to be divided as part of the divorce proceeding. There are a few exceptions: Where the business was inherited or gifted to your spouse or where or a prenup or postnup is in place, then the business may not be community property.
Read Full FAQMy spouse managed all the finances during the divorce. How do I know what is out there?
Before we can divide the marital property, we need to know what property is out there. The primary way we learn this is through disclosure and discovery. Under the rules of procedure, both parties are required to make extensive disclosures of their assets and debts. You can request additional information via discovery—a process that allows you to use different tools to find money. For example, if you believe your spouse is not forthcoming regarding their salary, you can subpoena their employer for their pay history. There are numerous discovery tools—depositions, subpoenas, interrogatories, requests for production, requests for admission, etc. You should speak with an attorney to learn your options regarding discovery and your duties under the disclosure rules.
Read Full FAQWill I be able to stay in my house?
If you want to stay in the house, you will need to get your spouse to agree to it, and you will need to buyout your spouse’s interest in the house. Unless a disclaimer deed has been signed, your spouse is entitled to half of the net equity in the home. To figure that out, you need to how much your home is worth and what is owed on the mortgage (in some cases, a home equity line of credit or a lien on the home may impact the net equity). For example, if your home is worth $400,000, and there’s $200,000 left on the mortgage, the net equity is $200,000, and you will need to pay your spouse $100,000 to buy out their interest. In most cases, you will need to show you are pre-qualified for a refinance. Most lenders can work with you to include the buyout as part of the refinance.
Read Full FAQHow soon can I get divorced?
The quickest timeline for a divorce is a little more than two months, and it requires both parties to be in agreement. That is because of a 60-day waiting period that is put in place under Arizona law. On this timeline, one spouse files the Petition for Dissolution, the paperwork that starts the divorce. Then they serve the other spouse (when things are amicable, this is done by giving your spouse the paperwork, and having them sign a notarized document that they received it, and this is then filed with the Court. That service date is important because it starts the sixty-day waiting period. At the end of the waiting period, the two of you can file your Consent Decree (and Parenting Plan, if you have children, and a Property Settlement Agreement, if appropriate). These are the documents that divorce you, contain your agreement, and divide your property and decide what happens with your child. Once the papers are signed by the judge, you are divorced.
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Any issue or question I have has always been answered. I am super grateful to Jillian because I feel like I have someone by my side 100% of the time.
Throughout this entire process, everyone at the firm treated me with the courtesy and respect that you would extend a lifelong friend, and for that humble gesture I shall remain forever grateful . . .
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I can't recommend State 48 Law Firm enough. They have a great team of experienced attorneys, although I highly recommend Bryce Johnson! He has a wealth of family law knowledge and will fight for you.
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During one of the most difficult periods in your life, it is imperative to find a lawyer and a law firm, who can look after your interests.
I’ve worked with this Team before & can’t say enough about their professionalism & constant communication. Highly recommend State48 for anything family law.
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