Is Arizona a No Fault Divorce State?
Arizona is considered a “no-fault” divorce state, which means you can file for divorce based on the fact that your marriage was “irretrievably broken” (i.e. there is no reasonable chance that you and your spouse will continue being married).
However, if a couple entered a covenant marriage, a judge could grant a divorce if one of the spouses committed adultery, was convicted of a felony and must serve prison time, abandoned the other for at least one year, committed domestic or sexual abuse, or used drugs, or if both spouses were living separated for at least two years (or one year after receiving legal separation) or agree to the divorce.
There are two main types of divorce:
- A contested divorce - means a couple doesn’t agree on at least one of the issues mentioned above. Although couples may reach an agreement through mediation, those who still can’t find common ground may have to let a judge decide. Court litigation can take more than a year to resolve and cost each spouse up to tens of thousands of dollars.
- An uncontested divorce - means a couple agrees on all the terms of the divorce outside of the courtroom. This type of divorce is considerably cheaper and resolved within three or four months on average.
Common issues addressed in divorce include:
- Child custody and visitation rights
- Child support
- Property and debt division
- Prenuptial and postnuptial agreements
To file for divorce in Arizona, one of the spouses must live – or be stationed in the state, if he/she is a U.S. service member of the military – for at least 90 days before filing a petition. The petition must be filed in the Superior Court in the court where you or your spouse live.
Bowman, Smith & Kallen, P.L.L.C. Divorce Counsel
Getting divorced can be emotionally, mentally, and financially draining and can take a long time to finalize, especially if there a lot of assets and/or children involved. If you end up going through litigation, it is possible that you could walk out of court with an unfavorable outcome that can negatively affect your life moving forward. That is why you must hire an experienced family law attorney to protect your rights and best interests throughout the divorce process.
If you are interested in filing for divorce in Arizona, our legal team at Bowman, Smith & Kallen can fight for the best possible outcome in your case. With decades of legal experience, our Yuma divorce lawyers understand the complexities associated with divorce and what it takes to get results inside and outside the courtroom. Let us help you get the fresh start you deserve in life.
Contact us today to schedule your initial consultation.
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