2009-06-16T13:18:00.000-07:00

ARIZONA DIVORCE – INITIAL STEPS
by Edwin Prell - Paralegal

1. SEEK LEGAL ADVICE. As soon as divorce becomes a possibility or inevitability you should begin by seeking out a divorce attorney and making an appointment. Do not phone numerous law firms expecting immediate access to the attorney or for legal advice - request an appointment and bring any pertinent documents to the meeting.

Every divorce case is highly fact specific. The outcome of a case, strategic decisions, and legal process will vary depending on the unique facts and legal issues involved. Jumping to legal opinions and conclusions of law without first having a direct one on one consultation with an attorney would be foolish.

Expect to pay the attorney’s hourly rate for the consultation. Free consultations are very rare for family law cases.

Attorneys will also prepare and file the required legal documents and provide you with all other necessary forms, such as a property inventory sheets and financial affidavits.

If you are considering a legal document preparer or divorce packet service, re-consider and use an attorney or a legal document preparation service offering attorney review (they are very price competitive) of the documents and legal advice by email and by phone.

2. EMOTIONALLY. Prepare yourself emotionally. Seek support from friends and family, or enroll and attend divorce support groups, and/or professional counseling services. Recognizing emotional issues may help alleviate unnecessary and costly disputes over child custody and property.

Do not try and use your lawyer as a therapist as it is costly since most lawyers in this area charge $200.00 - $275.00 or more per hour. Besides, emotional meetings with the attorney add no value to your case, and are conversations better suited for a therapist. Divorce lawyers and the courts are typically concerned with facts, not feelings.

3. FINANCIALLY. Review your financial picture and gather your financial documents (credit card statements, mortgages, deeds, loans, etc.). These documents will be required and must be disclosed to opposing counsel or spouse and to the court during the divorce process.

Take the time to sit down and inventory all property and debts and their current values. You can research personal property values and vehicle values on the internet using services such as Kelley Blue Book www.kbb.com or even ebay.com. Use a realtor to determine real estate values or have the property appraised. In today’s market, be prepared for a shock when learning real estate property values.

I can’t express enough the necessity of a property inventory citing items obtained before and during the marriage.

Pay special attention to retirement plans, 401k, etc. as these plans are subject to division by the court.

4. CLEAR OBJECTIVES. Explain your objectives to the attorney. Having clear objectives and discussing realistic outcomes with the attorney will avoid unnecessary litigation and cost. You would be wise to consult with your attorney about likely results should your case go to trial.

5. REASONABLE. Realistic expectations of property division and child custody will go a long way during a divorce proceeding. Be prepared to explain or summarize your positions and why they are reasonable or necessary.

6. BE INVOLVED. Remain involved in the case and provide the attorney with pertinent information and documents. However, do not try to micro-manage the attorney or bog them down with irrelevant information. Providing boxes of irrelevant materials will only drive your costs up.

About the Author: Edwin Prell is a paralegal with the Law Offices of E.C. Sears, Pllc. www.ecsears.com.

Lawyer Elana C. Sears - Kingman Attorney

Articles of interest written by Attorney Elana Sears or staff. There is no attorney / client relationship created by accessing the articles. The articles are intended for information purposes only and are not intended to offer legal advice. Every case is highly fact specific. The outcome of a case will vary depending on the unique facts and legal issues involved. Please do not make legal decisions without first having a direct one on one consultation with an attorney that knows the relevant facts of your case.

The Law Offices of E.C. Sears, Pllc.