5 Fast Facts About Filing for Divorce in Arizona in 2022

If you’re thinking about filing for divorce in Arizona, you’ll want to know the facts. Here are five fast facts about divorce in Arizona in 2022. Keep these in mind as you make your decision about whether or not to move forward with a divorce.

Fact #1: You Can File For A Divorce In Arizona If You Have Lived In The State For At Least 90 Days

It’s no secret that getting a divorce can be a difficult and stressful process. There are a lot of important decisions to make, and the stakes are high. One of the first things you need to do is figure out where to file for divorce.

If you or your spouse has lived in Arizona for at least 90 days, you can file for divorce in the state. However, if neither of you has lived in Arizona for at least 90 days, you’ll need to file for divorce in the state where either one of you currently lives.

The reason behind this requirement is that Arizona wants to make sure that it has jurisdiction over your case. In other words, Arizona wants to make sure that it’s the proper place for your divorce to be heard.

There are a few exceptions to the 90-day rule. If you or your spouse is in the military, you may be able to file for divorce in Arizona even if you haven’t lived there for at least 90 days.

If you have children, the court may also make an exception and allow you to file for divorce in Arizona even if you haven’t lived there for at least 90 days. This is because it’s usually in the best interests of the child to have both parents living in the same state.

Fact #2: Arizona Is A No-fault State

In a no-fault divorce, neither party is held responsible for the breakdown of the marriage. This type of divorce is often granted on the grounds of irreconcilable differences or an irretrievable breakdown of the marriage. In some states, couples may also file for a no-fault divorce on the basis of separation for a certain period of time.

While no-fault divorces are typically quicker and easier to obtain than fault-based divorces, they can still be contested by either party. If one spouse believes that the other was at fault for the breakup of the marriage, they may choose to file a fault-based divorce instead.

States that recognize no-fault divorces include California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, South Dakota, Utah, Virginia, and Washington.

Couples in no-fault states can typically file for divorce without having to assign blame or prove that the other spouse did something wrong. This can make the process quicker and easier than fault-based divorces. However, couples in no-fault states may still need to resolve issues such as property division and child custody.

Fact #3: The Court Will Grant A Divorce If It Finds That There Are Irreconcilable Differences Between The Parties

The court grants divorce for cases of irreconcilable differences because it is the fastest, easiest, and most amicable way to end a marriage. It allows couples to move on with their lives without having to go through a lengthy and expensive divorce trial. Additionally, it helps to avoid the potential for bitter custody battles and asset division disputes that can occur when couples divorce.

Fact #4: You Can File For A Divorce Online

You can file for a divorce online if you and your spouse agree on everything related to the divorce, including division of property and debt, child custody, visitation, and support. You will need to sign and file some paperwork with the court to finalize the divorce.

If you cannot agree on all terms of the divorce, you’ll need to hire an attorney to help you. An attorney can also help if you have questions about filing for a divorce online or about your specific situation.

Fact #5: To Hear Your Divorce Case, The Court Must Have Jurisdiction

If you and your spouse live in different states, the court will need to have jurisdiction in order to hear your divorce case. Jurisdiction is the legal authority of a court to hear and decide a case. In order for a court to have jurisdiction over a divorce case, one of the spouses must reside in the state where the divorce is being filed.

There are two types of jurisdiction that a court can have over a divorce case: personal jurisdiction and subject matter jurisdiction. Personal jurisdiction is the power of a court to render a judgment against a person or property that is located within the geographic boundaries of the court’s territory. Subject matter jurisdiction is the power of a court to hear and decide certain types of cases.

In order for the court to have subject matter jurisdiction over a divorce case, the case must involve one of the following:

• The marriage must have been solemnized in the state where the divorce is being filed;
• One of the spouses must be a resident of the state where the divorce is being filed and have resided there for at least six months prior to filing for divorce; or
• The grounds for divorce occurred in the state where the divorce is being filed.

If none of these criteria are met, then the court will not have subject matter jurisdiction over the case and will not be able to render a judgment.

Divorce is never an easy process, but it can be less complicated if you understand the basics. If you’re considering filing for divorce in Arizona in 2022, make sure you know about these five fast facts. And if you have any other questions or concerns, please don’t hesitate to call us today – we would be happy to help!

Are You Looking for a Family Law Attorney You Can Trust?

The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way.  During our private, one-on-one consultation, we’ll take the necessary time to answer any and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!

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