Experienced Divorce & Family Law Attorneys in Tucson

Benavidez Law Group, P.C. is serious about looking out for the best interests of our clients as they transition through divorce proceedings, or prepare for a marriage or adoption. We have the experience to effectively handle the diverse issues that can arise in domestic relations matters, and the sensitivity to look out for each client's particular needs. Our family law practice encompasses the following areas:

  • Divorce, legal separation and annulment
  • Child custody and support
  • Spousal maintenance (alimony)
  • Property division
  • Separation and mediation
  • Domestic partnerships
  • Paternity
  • Fathers' rights
  • Adoption
  • Marital agreements, including prenuptial and postnuptial agreements
  • Post-divorce issues, including relocation, modifications and enforcement

Please see our pages discussing child custody and support, property division, separation and mediation, domestic partnerships, fathers' rights, and adoption for more information about these areas of family law.

Arizona Divorce Laws

In an Arizona divorce proceeding, the status of "marriage" is dissolved and the parties are returned to the status of being single. During the proceeding, the court will also divide property and debts, grant child custody and parenting time, award child support, and/or award spousal maintenance. The parties will benefit by settling as many of these issues as possible between themselves, although lawyers and judges are sometimes needed to facilitate agreements. At the Benavidez Law Group, P.C., we have helped many clients achieve favorable, workable arrangements that satisfy their needs.

Arizona law provides a timeline for divorce actions, which must be followed even when a divorce is uncontested. The timeline involves:

  • Preparing & Filing a Petition - Divorce proceedings are started by filing a document called a "Petition," accompanied by other required documents and affidavits. The petition is the document that tells the judge what the Petitioner (person filing the document) wants the judge to do, including how to divide the property and arrange for child custody and support.

  • Service of the Petition - After these documents are filed, a copy is delivered to the other party by a process server (or he or she can sign a document accepting service of the Petition).

  • 34 Day Response Period - The person whom receives the Petition has 20 calendar days (from the date the documents were served) to respond, if the paperwork was served in Arizona. It is usually only necessary to file a Response if the Respondent disagrees with the position expressed in the Petition. If he or she fails to respond, then he or she is sent another document reminding him/her to respond. If he or she again fails to respond with 10 business days, his/her right to respond has expired.

  • 60 Day Waiting Period - Arizona law provides that before the judge can grant a divorce, there must be a 60 day waiting period from the date the documents were served on the opposing spouse. This means that even though the time within which an answer may be filed has run out, the Petitioner must wait another month before getting the divorce.

  • Appearance Before the Judge - If no answer is filed, after the waiting period has expired, the party who filed the Petition appears before a judge. At that time he or she gives simple testimony and the judge should grant the divorce. If an answer is filed, the matter proceeds to the discovery phase where the parties exchange financial information and other documents, to settlement negotiations, and if there is no settlement, the matter is set for trial before a judge.

Seek Advice & Representation from an Experienced Tucson Family Lawyer

If you are facing divorce, the best thing you can do for yourself right now is talk to an experienced family law attorney. You likely have many questions and concerns, and you need to protect your rights and interests going forward. In the Tucson area, please contact the Benavidez Law Group, P.C. and schedule a consultation. Hablamos español.