Family Law

Hello and welcome to yourbestlawyer.com. This video is for divorce cases without children. First let’s look at a couple of concepts. Generally, when 2 people get married, in the eyes of the law, they have entered into a contractual relationship. For a typical marriage to be valid, the following four requirements need to be met:

• First, the marriage must not be a result of bigamy, meaning neither spouse can legally be married to someone else.
• Second, the spouses cannot be related to one another; incest is illegal.
• Third, both spouses must have the mental understanding of the consequences and obligations of a marriage.
• Fourth and finally, both parties need to be of legal age, or have permission from a guardian or parent.

Unlike an ordinary contract, once a marriage is created, a marriage contract cannot be modified or terminated, unilaterally, by one party, or bilaterally, by both spouses, without the consent of the state. The terms and obligations of a marriage are governed by the laws of the state where the marriage was entered.

There are other concepts of non-traditional marriage also recognized in different jurisdictions, such as same-sex marriage, common law marriage, putative marriage, and proxy marriage.

When a couple decides to terminate a legal, consummated marriage, an annulment may not be an option, but they are entitled to a divorce. In Arizona, divorces are a “no-fault” divorce; this means that the Court does not require either party to have a reason for the divorce. In Arizona, the reason for the divorce is not relevant.

OTHER ALTERNATIVES OTHER THAN DIVORCE

Some married couples may find themselves uncertain about whether they want to pursue a divorce. Typically, individuals may resist legal divorce due to religious beliefs or other personal reasons. In such cases where divorce is not deemed suitable, an alternative option could be to pursue a legal separation. If you find yourself in this situation, we recommend watching the legal separation video for further guidance.

SPOUSAL SUPPORT

In Arizona, spousal support, or spousal maintenance, is determined through a combination of statutory guidelines and specific factors considered by the court. To be eligible for spousal support, one spouse must demonstrate a lack of sufficient property or resources to meet their reasonable needs, considering the marital standard of living, and an inability to achieve self-sufficiency through employment. Arizona law provides a formula for calculating the amount and duration of spousal support, based on the marriage's duration and the income of both spouses. However, the court also considers additional factors, including the standard of living during the marriage, the financial resources of each spouse, the potential for self-sufficiency, and contributions to education or career advancement. Spousal support can be temporary or permanent, subject to modification in cases of substantial changes in circumstances. Spouses can also negotiate their spousal support arrangement as part of a divorce settlement, subject to court review for fairness.

COMMUNITY PROPERTY AND COMMUNITY DEBTS / SEPARATION OF ASSETS

In Arizona, asset division in divorce proceedings adheres to the "community property" principle, which entails that property and debts acquired during the marriage are typically deemed community property and divided essentially equally between spouses unless there are compelling reasons to deviate from this equal split.

Most assets and debts accrued during the marriage fall under this community property category, encompassing income, real estate, vehicles, bank accounts, retirement accounts, and other assets. Property either spouse owned before the marriage or received through gift or inheritance is generally classified as sole and separate property and is generally not subject to equal division.

While the community property guideline is prevalent, the court may diverge from a 50-50 division if just and reasonable factors necessitate it, considering variables such as income disparities, marriage duration, and each spouse's financial contributions. Ensuring accurate asset valuation is crucial to achieving a fair distribution of community assets.

Debt division mirrors asset division, typically resulting in the court entering orders for an equal split of community debts, barring valid reasons for unequal distribution.

The spouses can craft a property settlement agreement to specify their desired asset and debt allocation. The Property Agreement would be subject to court scrutiny for fairness.

In alternative, if the spouses are unable to reach an agreement, the court will enter a final order dividing all assets and debts of the parties by evaluating pertinent factors.

LEGAL FEES

Legal fees can be covered through three distinct methods. First, a flat fee arrangement is commonly employed in criminal law cases. Second, a contingency fee structure is often utilized for personal injury cases, where the attorney's compensation is a pre-negotiated percentage derived from the client's settlement.

However, in family law and other civil matters, a prevailing approach involves an advanced retainer for legal fees. This retainer serves as an upfront payment from the client to the attorney or law firm, ensuring financial security and guaranteeing compensation for legal services. Typically, the retainer is deposited into a designated trust account, from which the attorney deducts fees as services are provided. The retainer is replenished as needed during the case, establishing transparency and a structured billing system that assures clients their attorney has the necessary funds. Importantly, the retainer should not be confused with a final fee; instead, it functions as a prepaid amount against which the attorney bills for ongoing services. This system not only fosters clear financial expectations but also benefits both clients and lawyers by simplifying the financial aspect of legal representation. Additionally, any court costs, such as the current $349.00 filing fee for a petition of dissolution of marriage (divorce), are typically deducted from the advance retainer.

Below, we detail three options based on your finances. Our first option connects you with skilled family law attorneys with a minimum of 2 years of experience, providing affordable solutions. These professionals offer a cost-effective entry point, with rates starting at $2,500.00 to $5,500.00 for the advance retainer. Their hourly fees range from $150.00 to $215.00, ensuring quality legal support within your budget. Should you deplete the retainer, it's easily replenished.

Our second option is for when you require an elevated level of expertise, exposure, and trial proficiency. Seasoned attorneys with 6 to 10 years of family law experience are ready to champion your cause. Rates start from $5,500.00 to $9,500.00 as an advance retainer, with hourly fees ranging between $250.00 and $375.00, granting you access to a wealth of legal knowledge and skills. You also have the unique ability to set your preferred advance retainer and hourly fee, inviting attorneys to respond with tailored offers and giving you control over your legal costs.

For those seeking unparalleled legal excellence, our top-notch attorneys step into the spotlight. With a minimum of 10 years in practice, including Board Certified Specialists in Family Law recognized by the Arizona State Bar, these legal virtuosos excel when facing complex challenges. Premium fees range from $10,000.00 to $20,000.00 as an advance retainer and hourly fees ranging from $375.00 per hour to $500.00 per hour.

Your choice of legal counsel is a significant decision, and our three distinct options ensure you find the right fit for your unique circumstances, from cost-effective solutions to top-tier representation.

We trust you've gained more knowledge and will make the best decision from the available lawyer options. Each attorney, from novice to expert, aims to achieve case dismissal or obtain the best possible result with the least exposure possible. Best of luck, and may you have a great experience using our platform!

Credit for this script:

• Author: Felix Martinez
• Paralegal that checked for accuracy: Rosie Vasquez
• Attorney that checked for correct information and to make sure there was no legal advice given: Otilia Diaz