Mesa Divorce Attorney
A Compassionate and Results-Driven Lawyer Protecting Your Spousal Rights
At the Law Office of Phil Hineman, P.C., we seek to provide clients with professional and results-driven representation in your Mesa divorce matter. Attorney Phil Hineman takes a compassionate approach to all his clients’ cases, especially when they are dealing with a situation as emotionally and mentally draining as divorce. With over 3 decades of legal experience and thousands of cases handled, Attorney Hineman has the accomplished skill and knowledge you can trust to champion your spousal rights in the face of a divorce.
Filing for Divorce in Mesa
To file for divorce in Mesa, at least one of the spouses must have resided in Arizona for at least 90 days prior to filing the Petition for Dissolution of Marriage. Note that Arizona is a no-fault divorce state for standard marriages, so the petitioning spouse merely needs to state that the marriage is irretrievably broken to file for dissolution.
The divorce process begins when the filing spouse, also called the “petitioner,” files the Petition for Dissolution of Marriage in the Mesa county where the petitioner resides. A copy of all the divorce paperwork must be “served on,” or delivered to, the non-filing spouse (“respondent”). This step is referred to as service or service of process and strictly follows the Arizona Rules of Civil Procedure.
After receiving the paperwork and notice of divorce, the respondent may file a response to the petition within 20 days from the date of service if they are in Arizona or 30 days if they are outside the state.
If the respondent does not file an answer to the petition, the court may grant the requests of the petitioner by default. Keep in mind that the default will not become effective for 10 days after the Application for Default has been filed with the Clerk of the Superior Court. During that time, the respondent once again has the opportunity to file a response. If they file a response during this period, the divorce case will proceed as if there were no default. Otherwise, the court may officially dissolve the marriage and issue separation orders. This will be done in a hearing before a judge, where they will hear evidence from the petitioner. Note that such a hearing may not be held for at least 60 days after the date that the summons and petition have been served on the respondent.
Settling the Divorce Agreement
Depending on the amicability of the divorcing spouses, they can either negotiate a settlement agreement on their own or in trial. If both spouses agree to all the terms of the divorce regarding issues like child custody, property division, and child and spousal support, they can draft their own agreement without a trial and submit it to the court for final approval. This is usually known as a Consent Divorce Process, where the court legally terminates a marriage based on the agreement of the spouses.
However, if spouses cannot agree, they can pursue alternative dispute resolution methods offered by the Conciliation Court, such as counseling and mediation. This may be a useful method for spouses seeking to avoid litigation. An experienced divorce lawyer can be particularly helpful in this step, as they can help spouses effectively prepare for negotiation, such as outlining their interests regarding child custody and property division. Negotiations can be difficult and heated, so an attorney can better ensure a spouse’s rights are being protected and appropriately addressed.
Contact the Law Office of Phil Hineman, P.C. for Help
If you seek to file for divorce in Mesa or have received a summons from your petitioning spouse, contact an experienced divorce lawyer immediately for legal guidance. The dissolution process in Mesa can be smooth or high conflict, depending on your relationship with your spouse, though in both cases your attorney can make sure your needs and goals are being met in the negotiation process of settling your divorce. The Law Office of Phil Hineman, P.C. has been representing families for over 30 years and will put the hard work and dedication into your case to ensure you put a strong foot forward as you look to the next chapter of your life.
He aggressively, but tactfully, fought for my voice to be heard in court and he went the extra mile.- David K.
I highly recommend them if you need to file bankruptcy.- Bob R.
Mr. Hineman was very helpful.- Walter R.
If you're in trouble, do not hesitate to call on Mr. Hineman's help.- Kristian H.
If you want a fantastic lawyer, Mr. Hienman is your man.- Belinda G.
Over 30 Years of Legal Experience
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Phil Hineman has been providing bankruptcy, family law, and criminal law services for the community for over 25 years. Reach out to discuss your case today.