Perry Law Firm - Mesa, Tempe, Phoenix, Chandler Arizona Divorce Lawyer, Mediator, Domestic Relations Divorce and Family Law Attorney

Perry Law Firm - Arizona Family Law Firm & Divorce Lawyer

This website is designed to provide only general information pertaining to family law matters in the state of Arizona. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. Any information provided in this website shall not constitute legal advice nor establish any type of attorney client relationship. PERRY LAW FIRM, PLLC does not make any guarantee as to the accuracy or currency of any information contained herein or created through use of any link to another website contained in this website.

DIVORCE

COMMON QUESTIONS

Most clients have the same fears and questions. Clients also hold beliefs about the legal process in a divorce or about the behavior of the people involved that are not accurate. Here are the most common questions that clients ask, and their answers.

Am I Going to Win?
Win what? It has often been said that no one wins in a divorce case. We will attempt to raise all issues structured to your case to your advantage, and will do our best to make sure you "lose" as little as possible. However, if your intent is to punish your spouse or to win by way of an all-out, no-holds-barred victory, your goal is probably unattainable. If this is the case, we recommend that you retain another law firm.

How Long Will It Take?
It is difficult at the outset of a lawsuit to foresee how long it will take to complete. We are better able to give you an estimated time range later when we understand more clearly what is at issue. The time involved is primarily based on four factors:

The number and complexity of the contested issues;
The intensity of feelings and whether there is an inclination to settle;
The attitude and tenacity of your spouse; and
The tenacity and desire for litigation of the lawyer of your spouse.

By far, the factor that makes lawsuits last longer is the intensity of the feelings between the parties and how much they want to fight.

How Much Will It Cost?
It is difficult to make a realistic estimate of the total fee even when we know what issues are contested, the intensity of the parties' feelings, and the complexity of the issues. If the parties want to settle, make compromises, and end the matter quickly, they can do so. If the parties do not trust each other, want complete discovery of all assets and liabilities, and argue many issues to the bitter end, the process becomes very long, drawn out, and expensive. Going to trial is almost always more expensive than settling the lawsuit.

When we discuss "expensive," you should be aware that you will pay three ways -with your time, with the hole in your stomach, and with the hole in your pocketbook.

TIME. You will have to spend your time to prepare your lawsuit. Your spouse does not prepare your lawsuit; your spouse's attorney does not prepare your lawsuit. Your attorney prepares your lawsuit, but we can do that only with your help. You must make a commitment to put time into your case. It takes hard work. If you are not prepared to spend the time and do the work, then your case will not be as satisfactorily or inexpensively prepared as it will if you make the expenditure of time. You should weigh the price that you pay with your time, the hole in your stomach, and the hole in your pocketbook to determine whether certain issues are worth litigation.

THE HOLE IN YOUR STOMACH. Many health professionals will tell you that going through a divorce is one of the most painful experiences you can have. It is recommended that all parties going through a divorce be in counseling to help with the emotional issues. Your emotions will probably roller-coaster. It is unusual for both parties to want to end the relationship simultaneously. Therefore, one party is very often emotionally hurt along the way. If that is you, then divorce can be an extremely painful process. Often one party raises issues as a way of dragging the matter out to punish the other spouse. The more issues raised, the more painful the process can become.

THE HOLE IN YOUR POCKETBOOK. Because preparing and trying a lawsuit is very expensive, we want you to scrutinize the issues at an early stage and determine what issues can be settled. We do not recommend making unreasonable or unnecessary concessions, but we recommend you look carefully at the issues that separate you and your spouse. You do exercise some control over the issues in your case. Therefore, if there are concessions you can make that might bring your case to a speedy conclusion and thus reduce your fees, please consider making them. Litigation often begets further litigation.

The attorney sells his time. If you can save the attorney time by doing some spadework, then your money can be more efficiently used.

I Need a Really Tough Attorney; Are You Tough Enough?
Some people feel that to be a "fighter," an attorney must (1) be uncooperative with opposing counsel in such matters as disclosing information, disclosing documents, and arranging for convenient dates for meetings, depositions, etc; and (2) never consider or advise compromise or negotiation with opposing counsel.

This notion is sadly misguided; the time to "fight" may be in TOUGH NEGOTIATIONS or in court. Being uncooperative with opposing counsel greatly increases attorney's fees with all legal steps done the hard way such as preparation of special documents, appearances in court, etc. Any information and documents in our possession are ultimately subject to disclosure under the law. Therefore, an uncooperative attitude serves no useful purpose. At times it seems you are always on the defensive. At different stages of the case, the roles reverse. Don't worry; it evens out throughout the course of the case.

What If My Attorney Is Friendly with My Spouse's Attorney?
Attorneys in a particular area are likely to have many cases against each other over the years. They are also likely to attend the same professional events and may work on committees together. Because they deal with each other day in and day out, camaraderie may develop. Your attorney and your spouse's attorney may exchange pleasantries, share a joke, or even have lunch together. This does not mean the attorneys are being disloyal to their clients. Remember, your attorney is professionally committed to achieve the best result for you given the facts and law applicable to your case. This does not mean that he or she must dislike the other side, or be hostile, rude or mean to the other side. Such behavior frequently harms, rather than helps, your case.

If the Other Side Suggested It, It Must Be Bad
It is unfortunately common to believe that just because the other side suggested something that they have an ulterior motive. Also, some parties believe that they should automatically do the opposite of what the other side wants. Let your attorney guide you in responding to requests from the other side. However, a request, suggestion, or offer from the other side is not per se "bad." Most attorneys are not out to "get, trick, or ruin" the opposing counsel or client. Therefore, we do not advise a "knee jerk" negative response to any request from the other side.

Questions That May Arise During the Pendency of the Procedure
1) Dating (May I?)
2) Credit cards (Should they be terminated?)
3) Bank accounts (Should I use them?)
4) Withdrawal/sale of assets (Should I?)
Contact your counsel if these questions arise. These are appropriate questions.

What If I Have Some Doubt About the Lawyer's Handling of My Case?
Always feel free to raise any issues of concern with your lawyer. Explain the concern from your perspective. Don't wait until you are really angry. Bring your concerns to counsel's attention as soon as they occur.

COUNSELING

Family law cases are extremely emotional. For that reason, clients should consider seeking counseling before or during the legal process. Depending on the client's needs, counseling may serve different purposes. One client may benefit from marriage counseling to improve or reconcile a relationship. Another may instead need "divorce counseling" to aid the parties in the process, accept that the marriage is over, cope with its demise, pick up the pieces and go on.

A client will often put off going to a counselor because his or her spouse will not. Don't wait for your spouse to participate. Individual counseling can be extremely helpful and satisfying. Often parents and children attend counseling together. This helps to lessen the effects the divorce or custody dispute has on the children and helps the family put their emotions back together.

Counseling will aid you through this difficult time and make your attorney's job easier. Your attorney is trained to assist you with your legal needs, and is not properly equipped to counsel you emotionally.

RECONCILIATION

Most clients come to our office to seek a divorce. Not all have decided to take that big step, and seek first to know their other options. We encourage clients or potential clients to explore alternatives to divorce. We often suggest other approaches that will protect the client and meet his or her needs, short of divorce. Thus, if the topic of reconciliation arises, we are not questioning or judging your decision with respect to the divorce. Rather, we want to make sure you are aware that the results you seek are attainable by other means and confirm that you really want a divorce.

Further, at any time during the process, the divorce proceedings may be put on hold-or vacated entirely-while the parties attempt reconciliation. At no time (until the final Divorce Decree is signed by the Judge) should you feel as though this is an irreversible process.

HOW YOU SHOULD DEAL WITH YOUR SPOUSE DURING THE DIVORCE

Divorce tends to bring out the worst in people. Self-interest apparently justifies deceptions and outright lies that would be intolerable to nice people in ordinary times. Self-protection requires a new set of guidelines for dealing with your legal adversary:

If love is gone, substitute politeness.
Be skeptical. Half of what is said is meant to deceive you.
Breast your cards. Don't let your spouse know how much you know.
Walk away from arguments or conflict.
Expect your spouse to resent your lawyer and to attempt to undermine his or her influence.
Don't enter into private negotiations without your lawyer's knowledge and advice.
Don't make agreements or sign anything without talking to your lawyer first.
When in doubt, believe your lawyer, not your spouse.
Learn to say, "Talk to your lawyer and have him or her talk to mine."
Don't rub in your legal victories. Losers try to even up.
Please obtain a post office box until the conclusion of the case so that your mail will not be intercepted by your spouse.
Do not, under any circumstances, keep any files in connection with your case at any location where your spouse could seize them, thus learning your entire case and strategy.
Do not, under any circumstances, enter into any Agreements of Sale on your real estate, or the acquisition of new real estate, without conferring with your attorney. Such an action on your part could find you without a place to live and without funds to make the purchase, if your settlement has not yet been consummated.
Do not presume that your counsel receives copies of any correspondence, legal pleadings, or notices that you may receive in the mail or by judicial process. Upon receiving any such documents, contact your attorney immediately and send your counsel copies of any such documents.
Do not be intimidated by your spouse if an ultimatum or deadline is given you to accept or reject an offer or proposition. That offer or a better offer, we frequently find, may be available or, failing same, the court will direct the appropriate fair settlement award to you.

NEGOTIATIONS

Please note that our approach to matrimonial litigation will always be to act so as to not make a bad situation worse. We will try to defuse tensions, avoid hostility, and maximize the ability of the parties and lawyers to arrive at a fair and reasonable settlement. Many studies and our own experience show that a negotiated agreement between the parties serves both parties best. An agreement allows the parties to "fine tune" matters between themselves in a way that courts are often unable to do. The court will never know a case as well as the parties and the attorneys do. Therefore, it is always prudent to work out a settlement if possible.

However, there are times when the case does not settle despite the best efforts of the attorneys and clients. In our experience, this is a small percentage of the time. Settlement may be impossible to achieve for several reasons, including the unrealistic expectations of the parties, disputes as to the facts or the law, the existence of novel and as yet undecided issues, or the desire on the part of a party to deny a divorce to the spouse. In those instances where trial is necessary, we are well qualified to represent you. Our ability to try cases when necessary allows us to negotiate from a position of strength.

Usually, there is understandably less legal expense involved in negotiating a settlement than in trying the case in court. There will be no settlement without your consultation and approval. We will keep you advised about the progress of your case.

CONTESTED CASES

If it does not appear that your case will settle or if your attorney feels that settlement negotiations may proceed better against the backdrop of a trial date, a trial date is requested. Upon the completion of all discovery, the case is set for a hearing. Please keep in mind that settlements sometimes occur just before trial, "on the courthouse steps." The attorney then recites the agreement on the record (before a judge and court reporter).

Though both parties may desire a divorce, if there is not an agreement on all issues, the matter is contested and a trial is necessary. Preparing for trial is an intense, time-consuming, and, therefore, expensive process. Testimony requires preparation. All evidentiary documents are copied and cataloged. If there will be testimony, your attorney will meet with the experts to prepare for cross-examination of the other side. Research and briefs may be necessary. At the trial, witnesses and records substantiate positions of the parties as to support, custody, property, or other issues.

THE BEGINNING OF THE SUIT

We begin work on your case when we are retained. If we have decided to start the suit, we draft papers and submit them to you for approval before filing. After service of the Complaint, the law provides a specified period for your spouse to answer your Complaint. The court or an agreement between attorneys may extend this period.

DOCUMENTS REQUIRED DURING THE PROCEEDINGS

Please read this list thoroughly and start gathering as many of these documents as you can. Many of the documents may be necessary in the immediate future and it may take some time to obtain them. A complete picture of the assets and income of both spouses is absolutely necessary. Documents contain significant information that will help your attorney prepare for settlement or trial. By providing us with the information and documents requested below, you will save time and money. You will also help us in the preparation of pleadings and documents required in your case. In addition, possession of these documents will help in preventing your spouse from dissipating or secreting any assets.

Please make a list of the documents that you cannot get and mail the list to us as soon as possible. We will then attempt to help you to get them.

Gather the following documents and forward same to our office at your earliest convenience:

Income Tax Returns. Completed personal, corporate, partnership, joint venture, or other income tax returns, state and federal, including W-2, 1099, and K-1 forms, in your possession or control from the start of the marriage.
Income Information. Current income information, including payroll stubs and all other evidence of income since the filing of your last tax return.
Personal Property Tax Returns filed in this state or anywhere else from the start of the marriage.
Banking Information. All monthly bank statements, passbooks, check registers, deposit slips, canceled checks, and bank charge notices on personal and business accounts, certificates of deposit, and money market and retirement accounts from banks, savings and loan institutions, credit unions, or other institutions in which you or your spouse has an interest.
Financial Statements submitted to banks, lending institutions, or any other persons or entities, which were prepared by you or your spouse at any time during the last five (5) years.
Any Loan Applications made within the last five (5) years.
Brokerage Statements. Monthly statements from all accounts of securities and/or commodities dealers or mutual funds maintained by you or your spouse during the marriage, and held individually, jointly, or as a trustee or guardian.
Stocks, Bonds and Mutual Funds. Certificates, if available, of accounts owned by either spouse during the marriage or pre-owned by you.
Stock Options. All records pertaining to stock options held in any corporation or other entity, exercised or not exercised.
Pension, Profit Sharing, Deferred Compensation Agreement, and Retirement Plans or any other kind of plan owned by you or by any corporation in which you or your spouse has been a participant during the marriage, including annual statements.
Wills and Trust Agreements executed by you or in which you have a present or contingent interest or in which you are a beneficiary, trustee, executor, or guardian and from which benefits have been received, are being received, or will be received and which are or were in existence during the past five (5) years, including inter vivos trusts. All records of declaration of trust and minute books for all trusts to which you are a party, including the certificates, if any, showing such interest and copies of all statements, receipts, disbursements, investments, and other transactions.
Life Insurance or certificate of life insurance policies now in existence, insuring your life, the life of your spouse, or the life of your children, and statements of the cash value, if available.
General Insurance. Copies of insurance policies, including, but not limited to, annuities, health, accident, casualty, motor vehicles of any kind, property liability, including contents, and insurance owned by the parties during the past five (5) years of the marriage.
Outstanding Debts. Documents reflecting all debts owed to you or by you, secured or unsecured, including personal loans, credit card statements, and lawsuits pending or previously filed in any court.
Business Records or ledgers in your possession and control that are either personal or business-related, together with all accounts and journals.
Real Property. Any deeds of property in which you or your spouse has an interest together with evidence of all contributions, in cash or otherwise, made by you or on your behalf, toward the acquisition of such real estate during the marriage or thereafter.
Sale and Option Agreements on any real estate owned by you either individually, through another person or entity, jointly, or as trustee or guardian.
Personal Property. Documents, invoices, contracts, insurance policies, and appraisals on all personal property, including furniture, fixtures, furnishings, equipment, antiques, and any type of collections, owned by you individually, jointly, as trustee or guardian, or through any other person or entity during the term of the marriage.
Motor Vehicles. All financing agreements and titles to all motor vehicles owned by you, individually or jointly, at any time during the last five (5) years, including airplanes, boats, automobiles, or any other types of motor vehicles.
Corporate Interests. All records showing any kind of personal interest in any corporation (foreign or domestic) or any other entities not evidenced by certificate or other instrument.
Partnership and Joint Venture Agreements to which you have been a party during the marriage.
Employment Records during the term of the marriage, showing evidence of wages, salaries, bonuses, commissions, raises, promotions, expense accounts, and other benefits or deductions of any kind. All records showing any fringe benefits available to you or your spouse from any business entity including, without limitation, auto, travel, entertainment, educational, and personal living expenses.
Employment contracts under which you or your spouse have performed services during the past three (3) years, including a list of description of any oral contracts.
Charge Account statements for the past three (3) years.
Membership cards or documents identifying participation rights in any country clubs, key clubs, private clubs, associations, or fraternal group organizations during the past three (3) years of the marriage, together with all monthly statements.
Judgments and pleadings in which you have been a party to, either as Plaintiff or Defendant, during the marriage.
Medical bills, prescriptions, evaluation reports, or diagnoses for psychiatric treatment received during the last five (5) years.
Appraisals of any asset owned by you for the past five (5) years.
Safe Deposit Boxes. A list of contents as well as the people authorized to enter.

WHAT ABOUT EMPLOYMENT?

In determining the issue of spousal and child support the court will want information on the ability of the supported spouse to earn money to contribute toward his or her own living expenses. A certified vocational evaluator can provide the court with an opinion about the supported spouse's possible employment, need for education or training, the job market, and potential earnings. The court generally gives considerable weight to such testimony. The process by which the evaluator gains this information is called a "vocational evaluation." Many dependent spouses ask if they should return to work. We encourage you to prepare to return to employment by either completing your education or exploring employment opportunities. The support guidelines do not penalize parents for returning to work. If it is not detrimental to the children, employment may be emotionally helpful to you during this very stressful process.

YOUR DAY IN COURT

Going to court is bound to raise your anxiety a bit. If you know what is going to happen and how to act, it will help diminish your nervousness. You should dress comfortably, conservatively, and in a manner that shows respect for the court. If you are uncertain what is appropriate, ask your attorney. The personnel in the courtroom will usually include a judge, a court reporter, a court clerk, and a bailiff. In a contested trial, your spouse, his or her attorney, experts, and other witnesses will be present. If there is more than one case listed, you may have to wait a while for your case to be called. Being in court can be tedious.

When your case is called for trial, the general procedure will be as follows: As your attorney, we will give a brief pending statement to inform the court about our case. This may occur in open court or may take place informally in the judge's chambers. When the case is called, the petitioner will put on his or her witnesses first and then the other party will do likewise. Witnesses will be called and sworn and will testify. The attorney for each party can question each witness, including the petitioner and the respondent. If you are the respondent in the case, you may be called for cross-examination (this means that the opposing attorney may request your testimony under oath) and/or as the first witness. This is the usual procedure, so we will prepare you for this should it occur. Once the case is complete, your attorney argues the issues. Sometimes each attorney submits briefs and/or memoranda after trial. The judge may decide the case immediately, may take it under advisement (study), or may wait to decide the case (hand down a judgment) after receipt of the memoranda or briefs.

During the trial, we will consult with you. You should inform us by written memo of anything you feel we should be aware of while the trial is in progress. However, be careful not to distract us while we are watching the trial proceedings. Particularly during testimony, we must have total concentration. We need to hear each question and answer, watch the reactions of the judge and opposing counsel, and be ready to object instantly. Write notes.

As your attorney, we will always be available to answer any questions specific to your case. The above information is general in nature and nothing herein should be construed as legal advice. Please call our office at 480-491-5152 if you desire additional information or wish to consult privately with an attorney, or click here to contact us online.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice regarding your own situation.

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Arizona Family Law Firm, Divorce Lawyer, Domestic Relations Attorney

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