arizona divorce guidance & representation
Navigating Arizona Divorce with Empathy
When you are already dealing with the trauma of your marriage ending, the legal process can seem overwhelming if you don’t have the assistance of a divorce attorney in Arizona. In many cases, the Arizona divorce process can be completed in a few months. However, if you and your spouse have trouble agreeing on the division of assets or child custody, you may be in for a long period of negotiations and legal counter-filings. It’s important that you approach this process with open eyes.
The more you know ahead of time about the divorce process, the better the process will be for you. Here are the steps involved in getting a divorce in Arizona.
Understanding Arizona’s Divorce Process
1. Filing and Serving a Divorce Petition in Arizona
The divorce process begins on the day when your Arizona divorce lawyer files the Petition with the Superior Court. As the person initiating the divorce, you are “the Petitioner” in this process, and you will remain the Petitioner throughout your entire case. Your divorce attorney will write out the Petition for a Dissolution of Marriage after consulting with you. The Petition outlines what you are requesting in terms of the division of assets and child custody. It also covers additional requests such as spousal or child support. Once the Petition is filed, Arizona law requires a 60-day waiting period before the Superior Court can later approve the divorce.
Your spouse is the “Respondent” when the divorce petition is filed with the court. They must be served with the Petition by a process server, sheriff, or via certified mail. They can also sign an Acceptance of Service before a notary, which must be filed with the court to demonstrate service. If your spouse is in Arizona, they have 20 days to respond to the court. If they live out of state, the deadline for a response is 30 days.
2. Disclosure and Discovery
During the disclosure phase, you and your spouse are required to list and disclose all income, debts, assets, and expenses to each other. This is to ensure that there is a fair division of assets and will help determine what level of support, if any, is required. Both parties are required by the court to share a list of all properties that are owned separately or within the marriage (also known as the community).
Both spouses are allowed to issue a request for the discovery of extra documents or evidence. This is common if one spouse believes that the other is hiding assets during the divorce process. An experienced Arizona divorce lawyer will file all the paperwork for discovery requests and knows the “ins and outs” of how spouses may try to hide assets from the court.
3. Negotiation and Settlement
If you and your spouse reach a full settlement, you can then submit a Consent Decree to the Superior Court. No court hearing is required. However, if you disagree on the division of assets, support, or child custody, you may have to go through one or more rounds of court hearings. In this situation, your Arizona divorce attorney and/or your spouse’s attorney will sit down for a conference with both of you. The purpose of these conferences is to try to negotiate a settlement that you can both agree to and finalize your matter.
If it becomes impossible to reach a settlement, your divorce case may have to go to trial. This will result in the court issuing a judgment on the division of assets, support, and child custody. This can also extend the divorce process much longer than you may have hoped.
4. The Divorce Decree
After the negotiation phase or the court makes a ruling at trial, a Decree of Dissolution of Marriage will be issued. This ruling will set the final terms of child custody, child support, asset division, and spousal maintenance. Once the court issues the Decree of Dissolution, your marriage is officially over.
An uncontested divorce will take a minimum of 60 days from the date when the original Petition for a Dissolution of Marriage is served onto the other party. More complex divorce cases that involve children or high-value assets can take much longer. Some divorce cases can take years if they go to trial.
Going through a divorce is a major life event, but you don’t have to go through it alone. An experienced Maricopa County divorce lawyer can be your asset to help you at every step of the way as you go through the process. The proceedings can feel cold and detached, so you want an attorney with compassion for your situation, who is an advocate for you and is not afraid to negotiate a fair settlement on your behalf.
Arizona divorce FAQs
1. How long does the divorce process take in Arizona?
The minimum time for a divorce in Arizona is 60 days from the date the Petition for Dissolution of Marriage is served on the other party. However, complex cases involving disputes over child custody or high-value assets can take several months or even years.
2. What is a "no-fault" divorce, and how does it apply in Arizona?
Arizona is a no-fault divorce state, meaning you don't need to prove wrongdoing by your spouse to get a divorce. Simply stating that the marriage is "irretrievably broken" is enough to file. However, issues like drug abuse or domestic violence may affect child custody decisions.
3. What is the difference between a covenant marriage and a regular marriage in Arizona?
A covenant marriage requires couples to undergo premarital counseling and agree to specific conditions for divorce, such as proving fault (e.g., adultery, abuse, or abandonment). Regular marriages in Arizona do not require fault to be proven for divorce.
4. Do I need to hire an attorney to file for divorce in Arizona?
While it’s not legally required, hiring an experienced divorce attorney is highly recommended, especially for cases involving child custody, spousal support, or significant assets. An attorney can guide you through the process and ensure your rights are protected.
5. How is property divided during a divorce in Arizona?
Arizona is a community property state, which means assets and debts acquired during the marriage are typically divided equally between spouses. Separate property, owned before the marriage or acquired as a gift or inheritance, generally remains with the original owner.
6. What happens if my spouse refuses to respond to the divorce petition?
If your spouse does not respond within the required timeframe (20 days for in-state or 30 days for out-of-state respondents), you can request a default judgment from the court, allowing the divorce to proceed without their input.
7. Can I request spousal maintenance (alimony) in an Arizona divorce?
Yes, you can request spousal maintenance. The court considers factors such as the length of the marriage, each spouse's financial situation, and contributions to the marriage (e.g., homemaking) to determine whether spousal maintenance is appropriate.
8. How is child custody determined in Arizona divorces?
Arizona courts prioritize the best interests of the child. Factors include the child’s relationship with each parent, the parents’ ability to cooperate, and any history of abuse or substance misuse. Custody can be awarded jointly or solely based on these considerations.
9. What if I suspect my spouse is hiding assets during the divorce?
If you suspect hidden assets, your attorney can request a discovery process, which may involve subpoenas, depositions, and financial experts. Arizona law requires full financial disclosure from both parties.
10. Can I change my name as part of the divorce process?
Yes, you can request a name change as part of your divorce decree. This is a straightforward process and can be included in your initial divorce petition.
Contact an Experienced Arizona Divorce Attorney
At Benjamin Legal, our experienced team of Arizona divorce lawyers is here to be your advocate in navigating the family court system during a divorce, separation, or annulment. Contact our office at (602) 671-7409 to schedule a consultation and discuss your case with one of our attorneys.