Best Adoption Lawyers in Scottsdale, AZ

Legally, there is no preference given to the initial filer in a divorce action. However, there may be some distinct practical benefits in being the person planning the filing.

A party to a divorce is not legally required to have a lawyer. If you and your spouse agree on all issues, and have one attorney draft the appropriate pleadings and documents, the divorce can be processed. However, an attorney can represent only one of you. Divorcing spouses should never, ever be represented by the same lawyer under any circumstances. There are a number of options available for couples that have decided to end their marriages, and it is indeed possible to save time and money, but having one lawyer for both parties is not one of them. Having one lawyer represent both you and your spouse is a recipe for disaster, and is in fact, impermissible according the Arizona Rules governing the ethical behavior of attorneys. Never to allow a spouse to persuade you that a divorce can be equitably handled by sharing one attorney. Both of you will come out losers. Before he or she signs the final pleadings and documents, the unrepresented spouse should ask another lawyer to review them.

In a word: equitably. Many sub-issues revolve around the general topic of asset distribution and debt allocation. Some of the elusive factors to consider are whether the asset or debt is community or separate, incurred for the benefit of the community, community contributions to separate property, prenuptial agreements, purpose of the acquisition of the asset or incurring of the debt, and other factors.

Divorce mediation is a process whereby you and your spouse meet with an individual, the mediator, for as long as necessary to identify and resolve the issues existing between you. A mediator may be a lawyer. Once an agreement is reached, the lawyer/mediator writes it up, and may recommend that each of you take it to a lawyer for review, if lawyers were not present at the mediation. Mediation of disputed issues is generally advised. Court mediation is available at a reasonable cost for custody and access plan issues. Private mediation of all issues is available at a higher cost and is advisable if both parties are willing to negotiate their respective positions. Another option is to ask the Court to appoint a judge pro tem to conduct a settlement conference, at which a settlement agreement and Decree can be promptly drafted and entered, upon full agreement. Even a partial agreement at a settlement conference allows more input by the parties in fashioning a Decree than a trial.

To qualify for an annulment, you essentially have to prove that (a) your spouse committed significant (material) fraud upon you before you were married and (b) you relied on the fraudulent act, to your detriment, in proceeding with the marriage. The key element is that it must relate to the reason or purpose of the marriage. It must be material enough to prove that had you known of this beforehand, you would not have married.