Frequently Asked Questions

Attorneys Who Answer Questions For Arizona Families

Nearly everyone who goes through divorce has questions – and it’s no question why. The divorce process can be confusing and frustrating, especially when significant assets are at stake. Where do you begin when everything is on the line?

At The Cavanagh Law Firm, P.A., we have served Arizona family law clients for nearly 25 years. Our award-winning lawyers aim to educate clients about the divorce process and provide clarity in even the most complex situations.

6 Family Law FAQs

Are all my assets up for grabs in my divorce?

Arizona law treats most assets acquired during a marriage as marital property. Your house, your vehicles, your retirement accounts and even your business assets may be up for grabs. Any investments you made during your marriage will be split, too.

There are exceptions to this rule, however. If you received an inheritance while you were married, it remains your separate property, as do any assets you held before your marriage (unless you commingled these with your spouse).

How many attorneys do I need if my assets are in different places?

If you own assets in a different state, like a business or vacation home, you may worry that you need to hire a lawyer there as well. Fortunately, this is not the case: you only need one attorney, who can enlist others for help if needed.

How does child custody work in Arizona?

Arizona law does not favor one parent over the other in child custody cases, and joint parenting time (physical custody) is common. There are situations, though, where other custody arrangements may make more sense instead.

You and your spouse have the option of working out your own custody agreement. If you cannot reach an agreement (or cooperate), your custody case will be resolved in court, where a judge will make a custody decision with your children’s best interests in mind.

Will spousal maintenance be a factor in my divorce?

Spousal maintenance is a factor in some, though not all, Arizona divorces. Whether it will be awarded in yours depends on the following things:

  • The disparity between your and your spouse’s earnings
  • The length of your marriage
  • Whether both you and your spouse have the resources necessary to support yourselves
  • Whether the lower-earning spouse can become self-sufficient
  • Whether you or your spouse supported the career of the other to your own detriment

Where do I file for divorce if I’m moving out of Arizona?

If you still live in Arizona, you will file for divorce here. If you have already moved, keep in mind that each state has different residency requirements for filing, which could mean you may have to wait. However, you may still be able to file for divorce in Arizona if your spouse still lives here.

How will my spouse and I divide our debt?

No matter how significant your assets are, it is likely that you and your spouse have some debt, too, like car loans, mortgage loans and credit card bills. In Arizona, you will divide any marital debts between you. The amount of debt you each receive depends on your ability to pay and handle it.

Other Questions Our Clients Ask

What should I do if someone files an insurance claim against my business?

After an insurance company notifies you of a claim against your business, call a lawyer right away. Seeking legal help is imperative in this situation. Make sure you save any paperwork related to the claim, too, as it is essential evidence and will help your lawyer establish the facts in your case.

Make An Appointment With One Of Our Attorneys

At The Cavanagh Law Firm, P.A., we are here to protect you no matter what family law issues you are facing. We can help you chart your path forward, and we offer prospective clients consultations to help them determine their options. Make yours today by emailing us or by calling 602-922-6378.