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Collaborative Divorce

Collaborative divorce is a legal process that enables couples to end their marriage amicably with the aid of their team of attorneys, counselors, mediators and other professionals (i.e. accountants, tax advisors, real estate professionals, etc.).  The team work together to create a client-centered process to resolve conflict that comes with the legal termination of the relationship. 

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Legal Separation

Collaborative divorce is a legal process that enables couples to end their marriage amicably with the aid of their team of attorneys, counselors, mediators and other professionals (i.e. accountants, tax advisors, real estate professionals, etc.).  The team work together to create a client-centered process to resolve conflict that comes with the legal termination of the relationship. 

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Traditional Divorce

A traditional divorce usually involves arguing over the division of property and debt and custody of children.  Traditional divorce may be a lengthy process and can be very expensive if either or both parties hire attorneys. 

Traditional divorce may also result in unforeseen consequences.  Despite parents’ attempts to shield children from the divorce process, children often feel the stress, which may lead to anger, anxiety, and/or depression.  Also, family and friends may feel as if they have to choose sides.

However, traditional divorce may be the only option in cases where parties cannot agree on an equitable division of property and debt, when a party hides assets, or when a party is unfit to parent, but insists on sharing custody and parenting time of the children.

 

Divorce / Legal Separation  (GENERAL INFORMATION)


In Arizona, the legal name for divorce is Dissolution of Marriage. Arizona is a no-fault divorce state, meaning the basis for the divorce is irrelevant for many issues to be resolved in the divorce.  State law requires that you wait sixty (60) days from the date that you serve the divorce papers before you can proceed with a divorce.  After the waiting period, the steps necessary to obtaining a divorce will depend on each individual situation.


There may be many factors that determine the duration of the divorce process.  A divorce following a short marriage with no children may be less complicated.  A divorce following a long marriage, where there are minor children, or where there is a significant amount of property and debt that was accumulated may be extremely involved.  If both parties agree to all issues involved, the case may proceed by consent decree. 

If the person served with the divorce papers does not file a response by the deadline, the person that filed for divorce may proceed by default.  If the person served does not respond after receiving the default notice, he/she may lose the right to challenge the division of property.  If minor children are involved, a non-responding parent may also lose the right to challenge custody, parenting time and child support.