A divorce causes emotions to run high at a time where the future matters most. Get representation with integrity to protect and advance your legal rights.
The dissolution of a marriage can raise questions, impose a great deal of stress, and lead to fights and contention between spouses. Although it may be tempting to get through a separation as quickly as possible, the decisions you make during the divorce process affect your family’s future for years. A desire to “get it over with” could leave you under-compensated for your hard work during the marriage or unfairly limit your rights as a parent.
Attorney Richard S. Lundin can help you through the stress and uncertainty of divorce, and advise you on spousal maintenance, legal decision making rights for your children, parenting time, child support, your family home, retirement accounts, debt and other financial and property issues.
Contact us to schedule your free initial consultation
7135 East Camelback Road
Elevator D, 2nd Floor
Scottsdale, Arizona 85251
Richard S. Lundin
Whether your biggest concern is sole custody of your children, keeping the family home, or making sure your views are heard, we can help you reach your goals with minimum disruptions.
Areas of Practice
Richard Lundin represents people in divorce and custody cases. His practice includes negotiation of property settlement agreements, custody agreements and litigation of issues when the parties cannot agree. Areas of Practice include:
Most marriages will be dissolved by the Court on grounds that the marriage is “irretrievably broken.” If you have a covenant marriage, however, you must prove one of the statutory grounds for a divorce: abandonment of the marital home (with refusal to return) for at least one year; adulter; drug or alcohol abuse; felony conviction with sentence of death or imprisonment; living separately and apart for two years; physical, sexual or domestic abuse of the spouse or children.
A parent has rights of Legal Decision Making rights and Parenting Time. Both rights need to be clearly established and enforced when parents divorce or separate. The Best Interest of the Child is primary. One size does not fit all, and each situation is unique. Experienced legal counsel is critical to establishing your rights.
Each parent has the duty to support their children. There are many statutory factors that the Court must consider. It’s critical that you obtain and provide the necessary evidence to establish the appropriate level of child support.
If one spouse makes significantly more money than the other, the court may award the higher-earning spouse to pay spousal maintenance to the other. This can be done early in the case through a Temporary Order and at the end of the case for a period of time or indefinitely.
A spouse with greater financial resources and the ability to pay may be ordered to pay or reimburse the other spouse’s attorney fees, expert witness fees and court costs. The court can order this early in the case or at the conclusion, or both.
Assets and Debts
It’s important to carefully identify all assets and debts so they can be apportioned equitably in order that you can move forward with your life with financial security. A community asset is any asset acquired while married, except gifts and inheritance or assets acquired after a petition for dissolution is filed (if petition results in dissolution decree). Assets including the family home, retirement accounts and benefits, vehicles, bank accounts, investment accounts and valuable personal property. Likewise, a community debt is a debt incurred while married for which the spouses are jointly liable.
Domestic violence does not require a physical injury. A threat to harm or abuse can constitute domestic violence and is sufficient to get an Order of Protection. The Order prohibits a person from committing acts of domestic violence or contacting the victim. It can also provide other types of protective relief, such as removing firearms from the abuser and giving exclusive use of the home to the victim.
Post-Decree Modification or Enforcement
After the agreement or decree is finalized, circumstances can change or one party refuses to follow the terms of the divorce. Arizona law provides for modification in some cases and enforcement of the Decree of Dissolution and the agreed-to terms of any settlement agreement. It’s important to get experienced legal counsel about your options to seek modification or enforcement of the terms of a divorce.
Grounds for Divorce in Arizona
Non-Covenant and Covenant Marriages Most Arizona residents have a non-covenant marriage and can seek a no-fault divorce as long as the marriage is considered “irretrievably broken.” However, the state cannot grant you a divorce without reason if you and your spouse are bound in a covenant marriage.
The grounds for divorce in a covenant marriage include:
• Abandonment of the matrimonial home (with refusal to return) for at least one year
• Drug or alcohol abuse
• Felony conviction with a sentence of death or imprisonment
• Living separately and apart continuously for at least two years
• Physical, sexual, or domestic abuse of the spouse or children
DOCUMENTS YOU NEED FOR YOUR ARIZONA DIVORCE
Actions to Take BEFORE Filing an Arizona Divorce
What our Clients are Saying
“Rick Lundin is amazing. I had a 14 month long process that Rick understood in two weeks. My divorce went to trial, for me It was scary and intimidating. As a client who was uncertain, Rick is a calm in the courtroom. He looked at the case as a whole and he tried for things that are not “typical” in Arizona. Rick was not intimidated and went for it anyway. He made a strong case for what we were asking for and we won. Clean sweep. Rick stood up for me and he never backed down just because it was unconventional. I highly recommend him. He is a genuine man who loves what he does and it shows. I am grateful for him.
- Frances H.
About Richard S. Lundin
Richard S. Lundin represents people in divorce, custody and other family law matters, as well as auto accidents and personal injury cases in both state and federal courts.
He is totally committed to seeing that his clients receive their full rights and compensation in each of the cases he handles. He has over 24 years of experience in negotiation and litigation. Rick listens to his clients carefully, and he tailors his approach to their needs on a case-by-case basis. Rick believes in going the extra mile for those he represents, and his responsive, committed style has consistently earned him high client satisfaction and appreciation.
Rick’s family goes back more than 100 years in Arizona, to the early 1900’s when his grandfather was a young boy on a farm in Glendale, Arizona. Rick decided he wanted to be a lawyer at age 16 while attending high school in Phoenix.
Rick began his career in law at the age of 19, working part-time as a litigation assistant at a law firm in downtown Phoenix while he attended Arizona State University. After receiving a bachelor’s degree in finance, Rick chose to attend The National Law Center of the George Washington University in Washington, D.C. and earned his law degree in 1993.
Rick worked for a federal judge in Washington, D.C., the Honorable Charles R. Richey. Being mentored by Judge Richey gave Rick invaluable experience for winning cases. Rick moves quickly on cases, and works hard to live up to one of Judge Richey’s favorite sayings, “Justice delayed is justice denied.” In 1994, Rick entered the private practice of law and represents people in cases in Arizona, the District of Columbia and Maryland in auto accidents, personal injury, divorce, custody and family law.
When not helping his clients reach their legal goals, Rick enjoys spending time with his wife, Janese, and he enjoys running, weight training, staying healthy and active, reading, camping and hiking. Rick and his son hiked 50 miles in the Yosemite wilderness in August 2013, and he believes backpacking reinforces a winning mindset for trial work – a disciplined ability to anticipate what may be needed and carefully gauging a dynamic situation with a readiness to recalibrate work with what’s on hand to get the job done when something unexpected occurs.
Rick’s deep-rooted belief in the importance of always going the extra mile for people and treating them the way he would want to be treated provides his clients with a unique, caring, confident and successful legal experience.
Rick holds several memberships within the legal community. These include:
Arizona Supreme Court
Court of Appeals of Maryland
District of Columbia Court of Appeals
United States District Court for the District of Maryland
United States District Court for the District of Columbia.
State Bar of Arizona
Arizona Family Law Section
Arizona Association for Justice
Maryland State Bar Association
Maryland Association for Justice
American Bar Association
District of Columbia Bar.
Contact Us About Your Arizona Divorce and Child Custody Case
Even if you and your partner are on good terms, it’s still wise to consult with an attorney before the divorce is final. Many spouses experience smooth sailing after filing, only to hit a disagreement in the later stages or regret agreeing to something after the case is over. No matter what comes along, we will keep you informed and facilitate the interactions between you and your spouse, working for a resolution that benefits you and your children. Call Attorney Richard S. Lundin today, or fill out our short online contact form to request a free consultation.