Are you contemplating divorce? If you are in the beginning stages of your separation, here are the 13 things you must know prior to filing for dissolution of your marriage.
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- Residency Requirements: To file for divorce in Arizona, either spouse must have lived in the state for at least 90 days [1]. When you file your petition, you may file in the County in which you or your spouse reside.
- No-Fault State: Arizona is a no-fault divorce state, meaning you don’t need to prove wrongdoing. You can file for divorce for any reason. The primary ground for divorce is irreconcilable differences with no possibility of reconciliation [2]. In other words, there are no chances of getting back together.
- Covenant Marriage: Arizona recognizes covenant marriages, which may be dissolved if both parties agree to the dissolution, there was a history of domestic violence or substance abuse or require counseling before divorce can be granted [3]. See A.R.S. 25-903.
- Service of Process: Life is not like a tv show, you cannot self-serve the petition for divorce. This filing spouse with the legal documents must formally “serve” the other spouse through a process server, sheriff, or by certified mail with a return receipt signed by the receiving spouse. This is to ensure that service of process is completed, and to avoid an unnecessary in-person argument.
- Waiting Period: There is a mandatory 60-day waiting period from the date of service before a divorce can be finalized [1]. This waiting period is also know as the “cooling off” period. This cool-off period allows the parties to reconsider their choice to divorce and give them the last opportunity to reconcile, or the opportunity for further settlement negotiations.
- Division of Property: Arizona follows community property laws, meaning all assets and debts acquired during the marriage are divided equally [2]. This is regardless of whose name they are in. These assets or debts are owned by both spouses and will be divided equitably (typically “50-50”) in the divorce. Separate property (assets owned before the marriage, or received as gifts or inheritance during the marriage) is not subject to division.
- Child Custody: Child Custody is broken down to two areas – (1) Legal Decision Making and (2) Parenting Time. Legal Decision Making refers to the right to make major decisions about the child’s upbringing (education, healthcare, religion), which can be sole or joint. Whereas parenting time refers to the schedule of when each parent spends time with the child, with the overall goal of frequent and meaningful contact with both parents. When determining this important issue, it is based on the best interests of the child, considering factors like parental fitness and the child’s wishes [1].
- Child Support: Calculated using the Arizona Child Support Guidelines, which consider both parents’ incomes and the needs of the child [2].
- Spousal Maintenance: Alimony is not guaranteed! Courts must consider whether or not you are (1) Eligible and (2) Entitled to spousal maintenance. It may be awarded based on factors like the length of the marriage and the financial situation of each spouse [3]. Once the Court finds both factors are applicable it would calculate the amount and duration of the alimony. The goal of alimony is often rehabilitative, helping the lower-earning spouse become self-sufficient.
- Financial Disclosure: There is no hiding of assets in a divorce proceeding. Both parties are required to disclose their financial information to each other, typically through an Affidavit of Financial Information (AFI) and supporting documents like pay stubs and tax returns. Additional financial disclosures also include bank statements, retirement statements, business records, etc. This transparency is crucial to for fair property division and support determination.
- Resolution Options: Divorcing couples can resolve issues through negotiation, mediation (often encouraged or ordered by the court), or ultimately through a trial where a judge makes the final decisions if no agreement can be reached. Arizona offers an Early Resolution Conference (ERC) to assist self-represented parties in reaching agreements.
- Consent Decree: If both parties agree on all terms, they can file a consent decree to expedite the process [1]. When the parties agree to all terms of their divorce, they have the opportunity to decide for themselves as to how they wish to end their marriage rather than the Court decide for them.
- Legal Resources: Arizona courts offer various resources, including self-help centers and legal aid for those who need assistance [2].
If you are in beginning stages of your divorce, or in the middle of the divorce, and need help navigating Arizona’s family court system, it is best to seek counsel of an experienced attorney.