Arizona marriage and divorce laws

Contents

  1. Our Divorce and Custody Attorneys Have Over 80 Years Combined Experience
  2. Arizona Divorce
  3. What is the Difference Between Legal Separation and Divorce in Arizona?
  4. Benefits to Legal Separation in Arizona? | My Modern Law

Please note that each court might have their own preferred forms.

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Our Divorce and Custody Attorneys Have Over 80 Years Combined Experience

If you do not understand something, have trouble filling out any of the forms or are not sure these forms and instructions apply to your situation, see an attorney for help. Before filing documents with the court, you might consider contacting an attorney to help guard against undesired and unexpected consequences. Form Title Form No. If you do not understand something, have trouble filling out any of the forms or are not sure these forms and instructions apply to your situation, see an attorney for help.

Arizona Divorce

Before filing documents with the court, you might consider contacting an attorney to help guard against undesired and unexpected consequences. All Rights Reserved. Form Title.

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Form No. Conciliation Services Conciliation Services is a separate branch of the Court comprised of trained family counselors and mediators available in many counties to assist couples in resolving marital problems and disputes over children without involving trials, lawyers or judges. Although Conciliation Services charges a fee, the services provided are typically significantly lower than the fees charged for similar services by private providers.

However, private insurance cannot be used to pay for these services. Arizona is considered a no fault divorce state, which means neither spouse is required to prove any specific grounds or fault for the dissolution of the marriage. All that is required is that one spouse alleges the marriage is irretrievably broken with no prospect of reconciliation.


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However, either party may file a request for Conciliation Counseling, which if sought timely will result in a stay of the case during which time free counseling is made available to the parties through the Court. Most divorce cases in Arizona begin with one party paying the required filing fee, filing the initial Petition for Dissolution of Marriage and serving that Petition on the other party through a private process server.

What is the Difference Between Legal Separation and Divorce in Arizona?

The spouse who is served then has a specific amount of time within which to file a written Response to Petition for Dissolution of Marriage. The Court will then sign the submitted Consent Decree and the divorce will be complete without either spouse having to appear in court.

The defaulted party is then held to have admitted the allegations in the Petition for Dissolution of Marriage and loses the right to litigate the merits of the claims set forth therein, but may still appear and participate in any proceedings concerning the nature and amount of relief to be awarded. If the parties are unable to reach an agreement on all of the issues and one of the parties has not been defaulted, the unresolved issues between the parties will be presented by each party to the court at a Trial.

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Benefits to Legal Separation in Arizona? | My Modern Law

The Judge will listen to the testimony of witnesses and review the other evidence used by each party at that trial, after which time the court will issue orders deciding all of the unresolved issues between the parties. Arizona is one of the relatively few states that follow community property laws.

Community property laws, correspondingly, generally provide that all property acquired through the labor of either spouse during the marriage is owned equally by the two spouses.

How-to Divorce in Arizona, Affidavit of Service

Community property is, correspondingly, to be equitably divided during a divorce, which in most cases is presumed to be equal. All property owned prior to the marriage by one spouse or received by that spouse during the marriage as a gift or inheritance is the sole and separate property of that party. However, the expenditure of community funds or labor to the improvement of that separate property may result in the imposition of a community lien against that asset, which lien would be equitably divided between the two spouses.