Making the decision to end your marriage will almost always be difficult and can involve many considerations before actually filing for divorce. If you have reached the point where divorce seems like the best option, it is important to understand the entire process for filing for divorce in Arizona so you have realistic expectations. If your partner is not on the same page about the divorce or proposed settlement, the process can become exhausting, time-consuming and expensive. Knowing what you need to do in order to complete the divorce can help keep you focused on moving forward with your life. Here is what you need to understand about the step by step process of getting a divorce in Arizona.
Considerations Before Starting Divorce Process
If your marriage has become contentious or you have grown distant with your partner, there can be temptation to assume that divorce is the only way to resolve the matter. Deciding to pursue a divorce is a significant step, requiring careful thought and consideration, especially in the context of Arizona’s legal framework. You should be prepared to review all the issues and matters that will need to be settled during the process before simply filing for a divorce. This ranges from dividing assets to alimony to child custody and support. If children are involved, it is especially important to make sure that you understand how the divorce will potentially impact the children. Finding ways to minimize the impact and trauma for the children is one of the simplest ways to keep the divorce process cordial. Discussing and agreeing on the importance of the children first can help some people reconsider whether a divorce is the right thing for them.
Before initiating the divorce process, it’s crucial to understand and prepare for the various aspects that will come into play:
- Division of Assets and Property in Arizona: When it comes to splitting assets and properties in Arizona, the law operates under the community property rule. This implies that any assets accumulated during the marriage are deemed shared property and must be fairly distributed. It’s crucial to grasp how this affects your particular situation, especially when it involves assets like houses, retirement funds, and personal belongings.
- Considerations for Spousal Support (Alimony): The question of whether to award spousal support, as well as its amount and duration, plays an important role in Arizona’s divorce proceedings. Factors such as the duration of the marriage, the lifestyle enjoyed during the marriage, and the financial standing and earning potential of each spouse significantly influence this decision.
- Handling Child Custody and Support: In scenarios involving children, their best interests and stability take precedence. The determination of custody, including legal decision-making and parenting schedules, should focus on the children’s welfare. The calculation of child support must also follow the guidelines set by Arizona, taking into account the parents’ incomes and the children’s necessities.
- Emotional Dynamics in Divorce: The emotional ramifications of divorce can be intense and far-reaching. Acknowledging the potential emotional strain on everyone, children included, is crucial. During these trying times, the support of professionals like therapists or counselors can be helpful.
- The Role of Legal Counsel: The intricate nature of Arizona’s divorce laws makes it imperative to seek excellent legal representation. A seasoned divorce attorney provides crucial advice and protection for your rights while actively seeking a resolution aligned with your foremost interests.
By carefully considering these factors before initiating the divorce process, you can approach this significant life change with a clearer understanding and a more informed strategy. For more detailed guidance tailored to your specific circumstances, consulting with an experienced divorce attorney is highly recommended.
How to Start a Divorce Conversation
Discussions about a potential divorce can be extremely difficult, but they can save lots of time, energy and money if they are approached in an open and honest manner. It is natural for many people considering divorce to assume they should move forward with filing for divorce when the marriage has become contentious without wanting to argue with their spouse anymore, but taking the time to openly consider a divorce with your partner can make the process more cordial and efficient. You might find that you agree on the appropriate way to care for the children or split up the assets. Even if you are not agreeing on anything, a constructive conversation on how to move forward with the least disruptions possible allows both spouses to share their desired outcome.
Navigating the Divorce Process in Arizona
Divorce in Arizona is a structured legal process that requires careful navigation through various stages, each with its own set of legal requirements and implications. It is a process that begins with a clear understanding of the initial steps and progresses through several phases, each crucial in shaping the final outcome of the dissolution.
Beginning the Divorce Process: In Arizona, the first step in the divorce process involves one partner (known as the petitioner) starting the proceedings. It only requires one spouse filing a dissolution of marriage to start the divorce process in Arizona. This is done by submitting a formal request for divorce, legally known as a Petition for Dissolution of Marriage. This document, critical in setting the stage for proceedings, outlines the petitioner’s desired outcomes for asset division, spousal maintenance, child custody, and other pertinent matters. This step not only legally declares the intent to dissolve the marriage but also sets the tone for the negotiations and decisions to follow.
Serving the Divorce Documentation: Following the submission of the petition, a crucial phase is the delivery of the divorce documents to the other spouse, referred to as the respondent. This service ensures that the respondent is formally notified of the divorce proceedings and receives all necessary legal documents. The manner of service must comply with Arizona’s legal requirements to ensure the process progresses without unnecessary delays or legal complications.
The spouse that receives the dissolution petition has an opportunity to agree with the proposed terms of the divorce or file their opposing divorce petition with their amended terms. In Arizona, a spouse who receives a dissolution petition is required to file their official response within 20 days if they reside within the state, or within 30 days if they live outside Arizona. Failure to respond to a dissolution of marriage will typically result in a default judgment for the spouse that filed for divorce in favor of all their requested terms in the divorce petition.
Transitioning to Response and Negotiation: Once served, the respondent is required to file an official response within a specific timeframe. This response either agrees with, disputes, or proposes alternatives to the terms set out in the petition. This stage is critical, as it opens the avenue for both parties to articulate their positions and preferences, laying the groundwork for the subsequent steps in the divorce process.
Navigating Temporary Orders Child Custody and Support: In certain cases, especially where immediate decisions regarding children, finances, or property are necessary, either party can request temporary orders from the court. These orders are designed to provide interim relief or arrangements, ensuring stability and fairness while the divorce proceedings are ongoing. This phase is particularly significant in safeguarding the interests and well-being of children and financially dependent spouses during the transition. Arizona law allows a judge to issue a temporary order if there are children involved or one spouse requires immediate financial support. The order can address matters like custody of the children, financial support, and property matters while the divorce process is being resolved. Many people going through a divorce reach these types of agreements on their own, but this option should be considered by anyone going through a divorce that is experiencing hardships while the divorce process proceeds.
Child Custody and Support: Divorces involving children are obviously more complicated in most cases. Any parent that is getting a divorce needs to address all the matters that will impact the children. From daily needs like housing, food, clothing and schooling to more long term matters like the potential arrangement for long term joint physical custody, there are many things that must be addressed and settled before the divorce can be finalized. As mentioned, it can be helpful for the overall tenor of the divorce process for the couple to place the utmost importance on reducing the impact on their children.
Child support must be considered and the specific award of child support will generally be based upon the income of each parent and how many children they have. The Arizona Judicial Branch has a child support calculator that can help estimate expected child support payments. Keep in mind that can only be used for estimating potential child support and the final child support amount will need to be agreed upon by the parents or awarded by a judge. Judges do have the option to deviate from the Arizona guidelines for a variety of reasons.
Advancing Towards Settlement: Discovery and Mediation: During the divorce process, the parties progress into the discovery stage, a phase where each spouse shares information and documents concerning their finances, assets, debts, and other pertinent details. This stage is critical in maintaining openness and equity, whether in negotiations or legal proceedings. After the discovery stage, numerous couples opt for mediation, a collaborative process facilitated by an impartial mediator to help achieve a mutually agreeable resolution. This method often presents a less confrontational and more economically efficient way to settle disagreements.
Finalizing a Divorce in Arizona
With the finalization of the divorce, the legal dissolution of the marriage is complete, marking a significant milestone in this challenging journey. However, this conclusion also signifies the beginning of a new phase of life, where adherence to the terms of the settlement and adjusting to new personal circumstances become paramount.
Deciding Between Mediation and Trial: The route to finalizing the divorce in Arizona hinges on whether the parties can reach an agreement through mediation or if they proceed to trial. Mediation offers a more collaborative and often less contentious path, allowing spouses to have a direct say in the outcome.
The difference between mediation and a trial for divorce can be stark. While both will require you to present your evidence in support of your proposed settlement, mediation can be much less expensive. Couples that still have a cordial relationship can often opt for mediation as it gives them the ability to guide their own settlement terms with the help of a neutral third party with experience in divorce settlements.
A trial will be the final option if an agreement cannot be reached and it will take more time and money to complete. It also leaves potential settlements and awards in doubt until the judge finally makes a decision. While an appeal is available if either spouse is not satisfied with the decision, that means more time and costs to finally settle the divorce.
Trial and Judgment: During the trial phase, each party has the opportunity to present their evidence and make arguments to bolster their stance on disputed matters. After considering all presented information, the judge issues a final judgment, legally dissolving the marriage and deciding on matters like asset division, child custody, and support. This judgment is binding and sets the terms for the post-divorce arrangements.
Conclusion and Moving Forward: The conclusion of the trial or the signing of a mediated agreement marks the end of the legal divorce process. However, it’s just the beginning of a new chapter for both parties. Post-divorce, it’s essential to update personal records, execute the division of assets as ordered, and adhere to custody and support arrangements. Life after divorce involves navigating changes and adapting to new circumstances, often with the continued support of legal counsel to ensure compliance with the divorce decree.
By understanding each step of the divorce process in Arizona, individuals can navigate this challenging time with greater awareness and preparedness. Working with a skilled divorce lawyer is essential to navigate the process effectively and ensure your interests are adequately represented.
Why You Should Hire an Experienced Divorce Attorney in Arizona
The process of filing for divorce and working through the final settlement is generally a difficult process. It is made significantly more difficult if you happen to receive an unfavorable outcome that results in losing custody of your children or more than a fair share of assets. This is why it is essential to hire an experienced divorce attorney in Arizona to represent your interests if you have decided to start the process of filing for divorce. The divorce attorneys at RSN Law are dedicated to robustly advocating for your interests, striving to secure the most favorable results for both you and your children in the divorce process. Contact us today at 480-712-0035 or make an appointment on our contact us page.
RSN Law intends this article to be for informational purposes, not to be relied on a specific legal matter, and does not create an attorney-client relationship.