The Tucson Law Office of Dina Afek, P.C. provides quality, effective representation in divorce cases throughout Southern Arizona.
Grounds for Divorce
Arizona has adopted the concept of no-fault divorce, so it is not necessary to prove that one party is to blame for causing the breakdown of the marriage. It is sufficient to show that the marriage is "irretrievably broken," meaning that there is no reasonable prospect of reconciliation between the spouses.
Arizona does recognize a special type of marriage known as covenant marriage. If the parties have entered into a covenant marriage, then a divorce can only be granted after proving a statutory ground for divorce, such as adultery, abandonment, abuse, or other factors. Even a covenant marriage, however, can be dissolved based upon the mutual agreement of the parties.
Contested and Uncontested
Even under no-fault grounds, a divorce can still be contested or uncontested. This does not necessarily mean that one party disagrees that the marriage is irretrievably broken; it can also mean that the spouses are in disagreement over how the issues related to the divorce shall be resolved. One of the major issues in a divorce is how the property will be divided. The issue of spousal maintenance is another matter to be decided, and if the marriage has produced children, questions of child custody and child support must also be considered. State law addresses how many of these issues will be approached and decided, but all matters are ultimately left to the discretion of the judge based on the evidence and persuasive arguments of the parties' attorneys, so it is vital that a thorough case be prepared by a skilled lawyer.
Arizona is a community property state, which means that each spouse owns an equal, one-half interest in the marital estate. Community property is basically all assets (and debts) acquired by either spouse during marriage through their labor or skills, while separate property amounts to property a spouse had before marriage or acquired individually during marriage through a gift or inheritance to that spouse alone. Separate property may also become community property by certain actions of the spouses, such as commingling funds or using separate assets to make joint purchases.
The distinction between community property and separate property can get quite complicated, such as when one spouse is self-employed or is the owner or partner in a business. A correct characterization of each asset as community or separate property, and an accurate valuation of each piece of property, are essential to a fair division of property.
Military Divorce, Tribal Divorce
A divorce involving a military spouse presents unique issues that should only be handled by an attorney experienced in handling military divorces. An attorney inexperienced with the division of military retirement plans or the assignment of survivor benefit plans may make the wrong steps to the detriment of either the military or non-military spouse. From Tucson to Sierra Vista, Dina Afek is prepared to handle military divorces on behalf of either military or non-spouses. Ms. Afek is also admitted to practice before the Pascua Yaqui tribe and is capable of handling divorces between tribal members on reservation land.
Divorce Lawyer for Southern Arizona
From Tucson to Sierra Vista and throughout Southern Arizona, the Law Office of Dina Afek, P.C. handles divorces for civilian, military and tribal clients who need solid professional advice and effective representation to protect their rights and interests throughout the marriage dissolution process. For a consultation regarding the issues in your divorce, contact the Law Office of Dina Afek, P.C.