QUESTION

Arizona Divorce and Spouse Issues

Asked on Jun 10th, 2015 on Divorce - Arizona
More details to this question:
After 23 years, I'm filing for divorce. After we sell the house, we'll split about$40K in equity, so there's not a lot there for an atty. My husband hasn't had a job in over 3 years, so I know he has no money. However, he has a sister who's well off. I'm sure she'll be bankrolling this. I'm hoping not, because I'd like to think we can reach reasonable and amicable decisions on our own. That said... if I file the paperwork on my own, he hires an attorney and I feel I also need to, can I hire an attorney AFTER having filed? Should mention we have two 16yo daughters. Also should mention after three weeks, husband is still "reviewing his options" on whether he wants to keep the house or sell it. Don't know how he'll keep without a job!
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1 ANSWER

Yes, you can retain an attorney for full representation or limited scope representationafter you file.  If the parties are not in agreement on what to do with the house, the Court will order it sold.  The court may give one party a reasonable amount of time to refinance--but if that party  does not have sufficient income or a co signer, refinancing is not a reasonable option  and should not be included in the order.  The final divorce decree should include language stating that the house be sold if a refinance that is ordered is not completed within a specified period of time.  I would encourage you to take advantage of an initial consult with a family law attorney prior to filing.  You have a longer marriage, own real estate, have minor children, and appear to have some assets or obligations.  If you fail to request relief in your petition, you may not be able to get it later unless you file an amended petition.  Quite a few family law attorneys charge minimal or nothing for an initial consult.  I would suggest you come to that initial consult with the initial divorce paperwork completed.  This will help you to be able to focus on specific questions you have for your case.   You can obtain the initial paperwork packet on the Maricopa, Pima, and Pinal County websites.  Other counties may also have the packets or refer you to these larger county sites.     In my experience, a client can control attorney fees and costs. Quite a few family law attorneys offer services in a variety of ways which include consultation only, limited scope representation, and full representation.  If you promptly follow the instructions given for providing the documents and information that are needed for your particular case, the law office will have less work to do.  You also need to "choose your battles".  For example, some parties spend more in attorney fees than the cost of the property item they can not agree on, such as a piece of furniture.  You need to maintain a reasonable position.  For example, some parties want an inequitable division of the community property and obligations.  If they do not have a legal reason to justify this, the Court may order that party to pay the attorney fees and costs of the other spouse.   
Answered on Jun 17th, 2015 at 11:34 AM

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