5 Common Misconceptions About Filing for Divorce in Arizona

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If you’re thinking about filing for divorce in Arizona, it’s important to know the facts. Unfortunately, there are a lot of misconceptions out there about what’s involved in the process. In this post, we’ll debunk five of the most common myths about divorce in Arizona. Read on to learn more!

Myth #1: The Court Gives Preference To The One Who Filed First

The court does not give any preference to the one who filed first. In fact, if you and your spouse can agree on the terms of your divorce, it may be faster and easier to file a joint petition.

If you do choose to file first, keep in mind that you will still need to serve your spouse with the divorce papers. This can often be done through a professional process server or the sheriff’s office. Once your spouse has been served, they will have 20 days to respond to the divorce complaint.

Arizona is a “no fault” state, which means that neither spouse is required to prove that the other did anything wrong in order to get a divorce. The only requirement is that one of the spouses believes that the marriage is irretrievably broken and there is no chance for reconciliation.

One advantage of filing for divorce first is that you can control the process. If you file first, you get to choose the grounds for divorce, and you can also determine when the case will be filed. This can be important if there are assets or custody issues that need to be settled.

Another advantage of filing first is that it may put your spouse on the defensive. If your spouse doesn’t expect you to file for divorce, they may not be as prepared emotionally or financially. This could work in your favor if you want to negotiate a settlement.

Of course, there are also some disadvantages to filing first. For one, it can look bad in front of the judge if you seem like you’re trying to take advantage of your spouse. Additionally, your spouse may file a counterclaim and try to put the blame on you.

Ultimately, whether or not you should file for divorce first is a personal decision. You’ll need to weigh the pros and cons carefully before making a decision. If you have questions, be sure to speak with an experienced divorce attorney who can help guide you through the process.

Myth #2: You Need To Be Legally Separated Before You Can File For Divorce

Under Arizona law, you are not required to be legally separated before you can file for divorce. This is a common misconception that often prevents people from moving forward with their lives. A legal separation does provide certain benefits that may be appealing to some couples.

One benefit of a legal separation is that it provides a period of time for the couple to decide if they want to remain married or get divorced. This can be a helpful way to avoid making a rash decision that they may later regret.

Another benefit of a legal separation is that it can help protect each spouse financially during the separation period. This is because, during a legal separation, the couple’s assets are still considered to be jointly owned. This can provide some financial stability during a time when emotions are high and decision-making may be difficult.

Myth #3: Filing For Divorce Will Ruin Your Credit Score

If you’re considering filing for divorce in Arizona, you may be wondering how it will impact your credit score. After all, divorce can be a stressful and contentious process, and you may be worried about the financial consequences of splitting up.

Fortunately, there are a few things to keep in mind when it comes to the impact of divorce on your credit score in Arizona. First, it’s important to understand that your credit score is not impacted by the act of filing for the divorce itself. Instead, any negative impact on your credit score will come from late payments or other financial challenges that arise during the divorce process. If you have joint accounts with your spouse and file for divorce, your credit score could be affected if your spouse fails to make payments on those accounts.

Myth #4: You Don’t Need A Lawyer

If you are considering filing for divorce in Arizona, you may be wondering if you will need a lawyer to represent you. While it is possible to file for divorce without an attorney, there are certain situations where having legal representation can be beneficial. For instance, an attorney can help make sure that your rights are protected throughout the process and can provide guidance on how to best navigate the divorce process.

Myth #5: It’s So Quick To Get Divorced After Filing In Arizona

Wrong. Just like in any other state, it takes time to get divorced after filing. The average divorce process in Arizona can take anywhere from four to six months. And if you have kids or complex financial issues, it can even take longer. So don’t believe anyone who tells you that getting a divorce in Arizona is quick and easy – it’s not.

The length of time it takes to get a divorce in Arizona depends on whether the divorce is contested or uncontested. An uncontested divorce can be finalized within 60 days, whereas a contested divorce can take several months or even years to resolve.

If you’re considering a divorce in Arizona, it’s important to understand the facts. There are many misconceptions about what happens when you file for divorce, and we want to make sure you have accurate information. Our team of experienced family law attorneys is here to help – call us today to discuss your specific situation and get started on the path to a new beginning.

AZ Divorce Guide

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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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