Frequently Asked Questions

Are you looking for a firm that begins with the end in mind? We are a results-oriented team of people who seek to achieve the best possible outcome for your situation.

We are not “hand-holders” or emotional counselors, we are legal advocates, striving to get great solutions. If this is an approach you believe you would like, then schedule your consultation today.

A retainer is an amount of money that pays for a block of time. Most attorneys use retainers, but retainers are not common practice at The Harding Firm.

The issue with retainers are clients usually run out of money prior to the end of the case. We want to be with you until the end, so we offer flat-fee options, which allows you to begin with the end in mind. This is not cheap, but this approach allows you to know the total amount of attorney’s fees and plan accordingly. We do not want to terminate our relationship because you are out of money. And because of that we want to be with you at the end, to help you achieve your desired results.

Nuestra oficina esta capacitada con gente que puede intrepretarle con la abogada.  Podemos escribir sus documentos en Ingles, o representarlo(a) en su caso de familia.

Arizona has a mandatory 60-day waiting period from when paperwork is served to your spouse until the divorce can be finalized. While the shortest time-frame to dissolve a marriage in Arizona is 61 days, this is not “average.” Most divorces take between six months (if the parties have minimal disagreements) to more than 18 months (if the parties have a lot of disagreements, children, and numerous assets).

It depends. If both parties are motivated to dissolve the marriage and are agreeable on the terms, it can be a seamless process. If the parties are stuck in a desire to hurt one another or to hold on to the marriage, the process can be quite a challenge. Whether simple or difficult, The Harding Firm is here to guide you through the process.

The consequences of committing adultery in Arizona is that the spouse can be found guilty of a class 3 misdemeanor. The other person involved in the intercourse can be punished as well, regardless of their marital status. A class 3 misdemeanor is one of the least severe punishments in Arizona.

Arizona divorce laws specifically include the duration of the marriage as one of the factors considered by the state courts when deciding whether to award spousal maintenance. However, state law does not identify a minimum duration that would qualify a spouse to receive alimony.

It depends. Although you can get a divorce decree in as little as 60 days (in limited circumstances as per the waiting period in Arizona Revised Statute 25-329), the average time to finalize even an uncontested divorce in Arizona is between 90 and 120 days. In many cases, divorces can take considerably longer.
 
To qualify for an uncontested divorce both you and your spouse have to agree that your marriage is not salvageable due to irretrievable breakdown and agree with the division of all assets and alamony issues. Additionally, if you have children, you should be in agreement on issues on legal and physical custody, visitation for the non-custodial parent, and child support. In general attorneys are not needed for uncontested divorces. However, because people in the process of a divorce have a lot of other things going on and a lot of feelings flying around, it’s always a good idea to consult with an attorney to make sure nothing is being overlooked.
 
Every situation is unique and different. That is why we offer a free consultation. We want to make sure we have all of the relavent information we need to give you reasonable expectations so you know what to expect both in the cost of the process and the process itself.
 
Grey divorce is a the reference for when someone 50 or over get divorced. In the past it was relatively uncommon. In 1990 only about 1 in 10 people were divorced. In recent years that number has risen to 1 in 4.
 

A Judge Pro Tempore is a volunteer position where another judge or an attorney by appointment temporarily stands in in place of a judge.  This generally happens if there is a vacancy in a higher court and a judge from a lower court temporarily fills that place until another judge is appointed. But attorneys may also be appointed as a Judge Pro Tempore if a judge is not available or to help reduce the workload of a specific court. To see the specific requirements to be appointed as a Judge Pro Tempore in Maricopa County Arizona, please visit the following link: https://superiorcourt.maricopa.gov/judge-pro-tempore/

While some people file for a divorce with the hope that it will shock their spouse into making changes needed to restore the marriage, that usually is not the case. Often, the spouse who is served with papers becomes hostile and defensive. Therefore, you should only file for a divorce when your goal is to dissolve the marriage.

In most divorce cases, you should keep all accounts the same during proceedings. This means keeping joint accounts open, maintaining payments on joint loans, and continuing to cover each other under insurance policies. In any changes, you may be asked by the judge to provide a reasonable explanation for your actions.

If you have been served with a temporary restraining order, you will likely be prohibited from closing accounts. If not, you are free to close them, but you should consider any possible consequences. Those consequences may include increasing the hostility level with your spouse.

You may choose to open an individual bank account during court proceedings, especially if you are concerned about how your spouse may handle joint monies. Just be sure to transfer money to the joint account if your spouse will need it to maintain a household, for instance.

Arizona is a community property state, meaning that most of the property you have as a couple will be split equitably during your divorce. “Equitably” means fair and impartial, which is not necessarily “equal.” There is no set formula or percentage amount to divide marital property. When a couple cannot decide how to split assets and debts, the court will divide the property using community property principles.

When you and your spouse cannot agree on how to resolve your problems, it will go to trial and be determined by a judge. Juries do not listen to or decide divorce cases in Arizona. As with any other legal trial, each party will have the opportunity to present his or her case, produce evidence, and have witnesses testify on his or her behalf. The ultimate decision will be made by the judge, and both parties must follow the judge’s ruling.

In Arizona, A.R.S. § 25-324 allows for the prevailing party to be reimbursed for their attorney’s fees and costs in family law cases. The court may award fees to one party based on income and the reasonableness of their positions. Regardless of the outcome, each party is responsible for their own attorney’s fees initially. If the court awards you fees, you will be reimbursed by the other party.

Courts are more likely to award rehabilitative or bridge-the-gap alimony in short-term marriages of less than seven years, while they are unlikely to award durational alimony unless the marriage lasted at least seven years.

The divorcing couple can go to the court and file a Petition for Dissolution of Marriage. The court, depending on the county, will charge between $300 and $400 in filing fees. This makes the average court cost of an uncontested divorce in Arizona about $620. This does not include Arizona divorce attorney fees.
 
o initiate the divorce in Maricopa County, one side has to file a Petition for Dissolution of Marriage and pay a filing fee which costs $321.00. If the parties will file a Consent Decree of Dissolution of Marriage (meaning they agree to the terms), the other party needs to file a $256.00 filing fee.
 
Yes, your text messages can be subpoenaed during a divorce. The courts have held that text messages provide a window into a person’s thoughts and intentions when they are not thinking like a person being taken to court for a divorce. Either spouse can subpoena text messages and phone records. Other information on phones that may be subject to a subpoena are GPS information, recorded conversations and information on social media.
 
First of all we need to mention that we are not tax attorneys or tax professionals and that you should talk with a tax professional about your specific situation. In general, however, divorces attorney fees are considered personal expenses and are not tax deductable
 
First to file for dissolution of marriage in Arizona, either you or your spouse must have been domiciled in Arizona for at least 90 days. Then you begin the procedure by filing a Petition for Dissolution of Marriage in the Superior Court of the county where you live. If the divorce is uncontested it is not necessary to hire or consult a lawyer, however, because of the possible legal ramifications involved with a divorce, it is highly a smart thing to do.
 

As your family and best divorce lawyer in Gilbert AZ, we focus on ending your marriage as efficiently as possible while protecting what you value most. Trust our focused, principled attorney to help get you through this tough time, with your best interest in mind. Call us today at 480-442-4142.

Protect your children during and following your divorce by ensuring they receive the emotional, physical, and fiscal support they need. We help during divorce and with post-divorce issues. Contact us today.

When a divorce is amicable, one way to avoid the courtroom is through collaborative law, which allows you and your spouse to work together on next steps for your family. Call us today at 480-442-4142.


What others think of The Harding Firm speaks volumes, much more so than we can share ourselves. Read what past clients have appreciated about working with us here. 

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