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Published on Jan 5, 2014
When you hire a Phoenix divorce attorney he takes on the responsibility of counseling and guiding the client from start to finish of the case. This means that the Phoenix divorce lawyer needs to know all of the specifics regarding the person who hired him as well as details about his relationship with the spouse. The grounds which the person is divorcing the spouse needs to be legitimate in order for the case to progress.
It should be established up front whether the proceedings will be a no fault or fault case. In the no fault one; both sides agree that they have differences which cannot be worked out and that their marriage is irretrievably broken. In the fault proceeding, it has to be determined that the spouse is at fault, therefore there is a motion for the proceedings to begin. The faults could be anything ranging from adultery, abuse along with many other factors.
Recently, in most states of the United States of America, the option to choose between the two has been eliminated. The actual grounds and reasons are usually stated, with or without choosing if the case if no fault or with fault.
There are many different aspects that a Phoenix divorce attorney needs to take care of once the case has begun. Some of these decisions include alimony, dividing properties, assets and debts, child (or pet custody), prenuptial agreements as well as many other factors.
Alimony is the amount of money and support that a person may pay his or her spouse after divorcing each other. The amount is dependent on many different factors.
These factors are normally determined by which of the spouses earn more income or has more in terms of assets. It is common for the judge to rule that a spouse with little or no income give alimony to the other. The division of assets can also be mentioned in the prenuptial agreement if there is one, If there is no prenuptial agreement, negotiations will commence, sometimes aggressively, between parties.
The divorce attorney Phoenix of each party will need to be present during negotiations especially when it is pertaining to division of properties, assets and debts. Usually, conjugal property is divided between the soon to be divorced couple since they acquired these during their married life.
There are also some cases, in which, inherited property may be divided between them if there are clauses in the will or the prenuptial agreement that may support this.