Arizona Divorce Basics
Phoenix Law Firm with More Than 65 Years of Experience
In the state of Arizona, divorce is the legal termination or dissolution of a marriage relationship and contract between two individuals. Divorce frees both parties to marry other individuals, to divide their marital property and obligations, and to separate parenting time and physical and legal custody of the couple's minor children. The basic types of divorce are as follows.
Most states, including Arizona, have no-fault divorce laws, which allow a couple to divorce for no specific reason other than irreconcilable differences. This means that neither party is required to prove that the other was responsible for the breakdown of the marriage. These laws were designed to make divorce more civil and straightforward. Either individual can get a divorce even if the other does not agree.
Covenant Marriage Divorce
In some states, the law requires divorces to be based on fault. Arizona only requires fault-based divorce if the marriage was a covenant marriage. Covenant marriages are more formal and involve special requirements. If your marriage is a covenant marriage, it will be stated on your marriage certificate.
If you and your spouse agree to all the terms of your divorce — including child custody arrangements, parenting-time schedules, property and debt division details, spousal maintenance, and child support payments — then your divorce is considered uncontested. If, however, you cannot agree on these terms, your divorce is
contested. All of these issues must be resolved before your divorce can be made legally effective, so it is important to work with your spouse to settle all of the details of your marriage dissolution in order to avoid litigation. Look into methods of alternative dispute resolution such as mediation, conciliation, arbitration, and collaborative divorce. Otherwise, you could face trial and a decision from a family court judge to finalize your divorce. A Phoenix divorce attorney can help you understand your options.
Representation You Can Trust for Your Phoenix Divorce
Should you choose to represent yourself without an attorney, the website for the Maricopa County Superior Court offers all of the court forms necessary to begin your divorce action. It is always wise to retain a trustworthy, experienced divorce lawyer, however, who can ensure that you are as prepared as possible as you approach your impending marriage dissolution and can help you make informed decisions regarding property division, domestic support, and other terms.
Call the Law Offices of Scott David Stewart today to schedule your first appointment with a proven Arizona family law attorney.