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Arizona
View Arizona Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Arizona Residency Requirement
According to the Arizona Divorce Laws and Arizona Divorce Guidelines,
to get divorced in Arizona, the spouse filing the case must have
been a resident of of the state for at least 90 days.
Time To Divorce
There is a waiting period of 60 days after filing
the Arizona Divorce Forms and Arizona Divorce Papers before a divorce
will be granted
Place of Divorce (Venue)
The case may be filed in:
County in which the petitioner resides
Simplified or Special Divorce Procedures
Acceptance and waiver of service by the Respondent
is allowed. In addition, Arizona law expressly encourages separation
agreements. Also, Dissolution of Marriage Petitions may be heard
before a court commissioner if an appearance and waiver is filed.
Arizona Grounds for Divorce
Grounds for a No-Fault divorce:
Irretrievable breakdown of the marriage
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Arizona, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by Arizona divorce guidelines and Arizona divorce laws,
is a scenario where the spouses agree on the terms of the divorce
such as Arizona property distribution, Arizona child support,
or Arizona child custody. Most of our clients (75%) prefer the
Agreed Divorce method and both spouses sign the divorce papers
and are agreed to the terms of divorce.
- A Default Divorce
, according to the Arizona
divorce guidelines and Arizona divorce laws,
is a divorce where the other spouse doesn’t sign the Arizona Divorce
forms or Arizona divorce papers, he/she doesn’t do anything at
all with the divorce. They simply default on the case and the
spouse who files for divorce gets whatever was asked for in the
original paperwork.
Arizona Covenant Marriage Divorce Guidelines
The 8 reasons to get a Covenant Marriage divorce are:
- The respondent spouse has committed adultery.
- The respondent spouse has committed a felony and has been sentenced
to death or imprisonment in any federal, state, county or municipal
correctional facility.
- The respondent spouse has abandoned the matrimonial domicile
for at least one year before the petitioner filed for dissolution
of marriage and refuses to return. A party may file a petition
based on this ground by alleging that the respondent spouse has
left the matrimonial domicile and is expected to remain absent
for the required period. If the respondent spouse has not abandoned
the matrimonial domicile for the required period at the time of
the filing of the petition, the action shall not be dismissed
for failure to state sufficient grounds and the action shall be
stayed for the period of time remaining to meet the grounds based
on abandonment, except that the court may enter and enforce temporary
orders pursuant to section 25-315 during the time that the action
is pending.
- The respondent spouse has physically or sexually abused the
spouse seeking the dissolution of marriage, a child, a relative
of either spouse permanently living in the matrimonial domicile
or has committed domestic violence as defined in section 13-3601
or emotional abuse.
- The spouses have been living separate and apart continuously
without reconciliation for at least two years before the petitioner
filed for dissolution of marriage. A party may file a petition
based on this ground by alleging that it is expected that the
parties will be living separate and apart for the required period.
If the parties have not been separated for the required period
at the time of the filing of the petition, the action shall not
be dismissed for failure to state sufficient grounds and the action
shall be stayed for the period of time remaining to meet the grounds
based on separation, except that the court may enter and enforce
temporary orders pursuant to section 25-315 during the time that
the action is pending.
- The spouses have been living separate and apart continuously
without reconciliation for at least one year from the date the
decree of legal separation was entered.
- The respondent spouse has habitually abused drugs or alcohol.
- The husband and wife both agree to a dissolution of marriage.
Process to file for Divorce in
Arizona
There are only three basic procedural steps to a divorce:
- File Arizona Divorce Papers (Arizona Divorce
Forms)
- Notify Spouse of your filing for divorce
in Arizona
- Attend your Arizona divorce hearing
Arizona Child Custody
Simple Definitions: (source: Arizona divorce guidelines and Arizona
divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Arizona Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Arizona divorce
customers. If a sole custody arrangement is to be considered, then
there is usually a reason agreed upon by both parties that
one parent is to have the children. Usually the financial status
of a parent is not to be considered for allocating any parental
rights and responsibilities. Shared Custody or Sole Child Custody
may be awarded according to the best interests of the child.
Arizona Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Arizona Child Support Guidelines. The guideline amount is
presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Arizona divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Arizona.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Arizona. It
may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Arizona often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Arizona, fees must usually
be paid when you file the Arizona divorce forms and Arizona divorce
papers at your county courthouse. These fees vary between County
to County, so it is best to call them and ask what the fees
are in your County. Regardless of whether you are going through
a divorce service, using a Arizona divorce kit, using a divorce
attorney (or divorce lawyer), or doing a nearly free divorce in
Arizona, you will almost always be the one to cover the court fees
which is standard procedure.
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| 3 |
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and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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