Divorce brings a flood of new emotions, experiences, and legal issues. It means cutting important bonds, changing residence, and moving towards independence.
Regardless of your experience with it, divorce is a serious legal matter. Many people do not fully understand the complexities and nuances of divorce in Arizona. You should hire divorce attorneys serving all of Arizona with knowledge of the local laws and court systems to help protect your interests. Read to learn the legal process of divorce in Arizona and how to protect your interests.
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File for Divorce In Arizona
Arizona is a no-fault divorce state, meaning you can file for divorce without proving that your spouse did something wrong. The first step in getting divorced in Arizona is to file the appropriate paperwork with the court clerk’s office. In most cases, this involves filling out a petition for dissolution of marriage.
You will need the following necessary documents:
- Copy of your certificate (if you are married)
- A copy of your spouse’s birth certificate (if they were born in Arizona)
- If you have children, a certified copy of their birth certificates
If you cannot afford the filing fee of $349, you can ask the court to waive it by applying.
Serve Your Spouse with Notice of Divorce
After filing for divorce in Arizona as a petitioner, you have 120 days to serve your spouse with the divorce papers; if not, the court clerk will dismiss the case. The sheriff or process server will deliver your divorce papers to your spouse in person. The server will need to know where they can find your spouse, so provide their address on the Notice of Service form. For legal process serving you can visit weserveus.com.
Decide on Divorce Type
In Arizona, there are two types of divorce: contested divorce and uncontested divorce.
- A contested divorce is when parties cannot agree on issues such as child custody, child support, spousal maintenance (alimony), and property division.
- An uncontested divorce is when parties can agree on all the issues above.
Hire an Attorney
Divorce is a complex legal process and can be emotionally challenging, so have someone on your side who understands the law and can help you navigate the process.
A divorce attorney will ensure that you understand all aspects of the divorce process and that you can make decisions based on accurate information. They will also keep track of all deadlines and court dates. Hence, there are no surprises during trial or mediation, which could result in additional expenses if not appropriately prepared.
Resolve Issues You Disagree
Resolve issues through mediation when you and your spouse disagree. If you can’t settle on custody, spousal support, or property division, then the court will decide for you.
The court will also decide on issues not resolved during negotiations, like child support and alimony. While the judge makes decisions based on statutory guidelines, they will still be influenced by what the parties have agreed to in their settlement agreement.
Resolve issues when you disagree with your spouse to protect yourself and your family. You can do this by working together and planning how to move forward.
For example, If children are involved in a divorce, parents may want different arrangements for how much time they spend with their kids and how much money they provide. It can be difficult when one parent wants sole custody while the other wants joint custody. It may be possible for both parties to agree on joint physical custody if they can devise a schedule where each parent has equal time with their children each week.
Finalize Divorce
Finalizing your divorce means that you and your spouse have signed all of the court papers necessary for obtaining a final divorce judgment. The court issues this judgment when both spouses agree on all terms of their divorce, such as property division and child custody.
Both spouses must attend the hearing and provide testimony about property division and spousal support. Afterward, the judge will review all relevant evidence and decide how to proceed with your divorce case.
Navigating the divorce process in Arizona can feel overwhelming, especially if you are unfamiliar with family law. Your attorney is an invaluable ally throughout divorce proceedings. They must have family law experience and knowledge about Arizona’s divorce process and the legal system. Their guidance will keep you informed, prepared, and positioned for future success in many areas- emotionally, financially, and legally. As such, it is advisable to find an attorney who is competent and trustworthy.
