Navigating the complexities of divorce can be overwhelming, especially when specific state laws come into play. In Arizona, understanding the basics of divorce proceedings is crucial for those contemplating or going through this life-changing process. From residency requirements to property division rules, having a grasp of “divorce 101” can make a significant difference in how individuals approach their dissolution of marriage. If you want to learn more about the divorce process in Arizona or speak with an attorney about your situation, contact Sullivan Shick by calling our office at (480) 719-2558.
What Exactly Is Divorce?
Divorce is the legal process of dissolving a marriage, resulting in the termination of a marital union. In Arizona, divorce involves various aspects such as property division, alimony, child custody, and child support. Understanding the intricacies of divorce is crucial for individuals navigating this challenging time in their lives.
Legal Grounds for Divorce in Arizona
According to Arizona’s state laws, a divorce, or a Dissolution of Marriage, requires a 60-day waiting period from the date of the proceeding. However, the duration and the complexity of the divorce will depend on specific factors, such as the property involved, the children’s presence, the duration of marriage, debt division, and the legal grounds for the divorce.
No-Fault Divorce
In Arizona, individuals can file for a no-fault divorce, which does not require either party to prove fault. A no-fault divorce is based on the irretrievable breakdown of the marriage without assigning blame. It is a common approach to ending marriages as it streamlines the process, focusing on the desire to end the marriage rather than assigning fault.
Fault-Based Divorce Considerations
Although Arizona allows for no-fault divorces, there is an exception to the rule. In Arizona, couples can choose to enter into “covenant marriages” which are similar to other marriages, except that the couple must undergo special counseling before the marriage ceremony to strengthen their bond. Per Arizona’s regulations, these covenant marriages can result in fault-based divorces if one spouse commits adultery.
However, opting for a fault-based divorce can have implications for property division, alimony awards, and child custody arrangements. Individuals must carefully consider the consequences of fault-based grounds before choosing this route. If you need more information about the differences between no-fault and fault-based divorce and other divorce 101 topics, contact the Sullivan Shick for further guidance.
Key Aspects of the Arizona Divorce Process
When initiating a divorce in Arizona, the first step is filing the necessary paperwork with the court. The individual filing for divorce is known as the “Petitioner,” while the other party is the “Respondent.” The Petitioner is responsible for serving the Respondent with the divorce papers, outlining the reasons for the divorce and any requests for child custody, spousal support, or division of assets. It is important that the required forms are completed accurately to avoid delays in the divorce process.
Mandatory Education Programs
In Arizona, couples seeking a divorce involving minor children are required to attend a parenting education program. This program aims to educate parents about the impact of divorce on children and help them develop strategies to co-parent effectively post-divorce. The court may also mandate mediation sessions to resolve issues related to child custody and visitation. Completing these mandatory programs is crucial for demonstrating a commitment to the best interests of the children and facilitating a smoother divorce process.
Division of Assets and Debts
During the divorce process in Arizona, the assets and debts obtained during the marriage are typically divided equally between the spouses. This practice follows the community property law, which views marital assets and debts as joint property. Each spouse is entitled to half of the marital assets and is responsible for half of the marital debts regardless of who acquired them.
Alimony and Child Support
Alimony, also known as spousal support, is financial assistance awarded to one spouse by the court after a divorce. When trying to determine alimony, the marriage length, each spouse’s earning capacity, and their additions to the marriage are all considered.
Child support, on the other hand, refers to payments made by one parent to the other for the financial support of their children. In Arizona, child support calculations are based on elements such as each parent’s income, the number of children, and custody arrangements.
Frequently Asked Questions
If you are considering divorce, it is natural to have questions. Below are some prepared responses to some of the frequently asked questions individuals have about this process.
To file for divorce in Arizona, at least one of the spouses must have been a resident of the state for a minimum of 90 days. However, if a member of the armed forces was stationed in Arizona continuously for 90 days, they would be considered a resident for the purpose of filing for divorce.
Arizona follows community property laws, meaning assets and debts collected during the marriage are divided equally between spouses. For instance, if a couple acquired a house during their marriage, it would be considered community property, and the court would divide the house equally. This may require the couple to sell the home and split the net profits.
The duration of the divorce process in Arizona varies from one couple to another. For example, an uncontested divorce in Arizona may take around 90 to 120 days to finalize. The shortest duration for finalization is 60 days. However, if the divorce is contested, it can take several years to resolve the process.
Contact the Sullivan Shick To Learn More About the Divorce Process in Arizona
Understanding the intricacies of divorce in Arizona is essential for navigating the process smoothly. If you are facing the prospect of a divorce or just want further answers to the questions you have, contact our dedicated legal team at the Sullivan Shick by calling (480)719-2558. Our experienced Arizona divorce attorneys can review your situation in detail, explain the divorce 101 basics, and help you determine your options going forward.