Nobody ever plans to get a divorce, but it can happen to anyone. If you’re living in Arizona and are thinking about filing for divorce, you need to know the basics of what to expect. So whether you’re just starting to think about getting a divorce or are ready to take the next step, read on for all the information you need.
What Are The Three Ways To File For A Divorce In Arizona?
If you and your spouse have decided to end your marriage, you may be wondering how to go about filing for divorce in the state of Arizona. The good news is that the process is relatively straightforward, and there are three main ways to do it.
The first way is to file a joint petition with your spouse. This means that you both agree on the terms of the divorce, including things like child custody and property division. If you choose this option, the divorce will likely be granted relatively quickly.
The second way to file for divorce in Arizona is to file a complaint on your own. This is known as a “no-fault” divorce, and it simply means that you are asking for the divorce on the grounds that the marriage is irretrievably broken. You do not need to prove anything to the court, and the divorce will be granted after a waiting period of 60 days.
The third way to file for divorce in Arizona is to file a contested divorce. This means that you and your spouse do not agree on the terms of the divorce, and you will need to go to court to have a judge decide the issue. This option can be more complicated and take longer than the other two options, but it may be necessary if you cannot come to an agreement with your spouse.
No matter which way you choose to file for divorce in Arizona, it is important that you understand the process and what it entails. The first step is to file the necessary paperwork with the court. This can be done online, by mail, or in person. Once the paperwork is filed, the other spouse will need to be served with the divorce papers. They will then have 20 days to respond.
If you choose to file a joint petition, the divorce will likely be granted relatively quickly. However, if you file a contested divorce, the process can take longer as you and your spouse will need to go to court hearings and possibly even a trial. It is important to understand the process before you begin so that you can be prepared for what lies ahead.
What Should I Do Before Filing for Divorce in Arizona?
If you’re considering filing for divorce in Arizona, there are a few things you should do beforehand. First, you’ll need to determine if you meet the state’s residency requirements. To do this, you or your spouse must have lived in Arizona for at least 90 days before filing.
Next, you’ll need to decide on the grounds for your divorce. In Arizona, the only ground for divorce is irreconcilable differences, which means that the marriage is irretrievably broken and there is no hope for reconciliation. Once you’ve decided on the grounds for your divorce, you’ll need to start gathering all the necessary documentation. This will include financial documents like tax returns, pay stubs, and bank statements, as well as any documents related to custody and visitation arrangements for your children.
Finally, you should consider seeking the advice of an experienced divorce attorney. While it is possible to file for divorce without a lawyer, the process can be complicated and it’s always best to have someone on your side who knows the ins and outs of the law.
What Happens After I File for Divorce in Arizona?
Once you’ve filed for divorce in Arizona, the process will officially begin. Your spouse will be served with divorce papers, and they will have 20 days to respond. If they do not respond, the court will assume that they agree to the terms of the divorce and move forward with the proceedings.
If your spouse does respond to the divorce papers, they will have the opportunity to contest the divorce or agree to the terms. If you are able to reach an agreement on the terms of the divorce, you can file for an uncontested divorce. This means that you will not have to go to court for a trial, and the process will be much quicker.
If you are unable to reach an agreement with your spouse, the divorce will be considered contested. This means that you will have to go to court for a trial, and the judge will make the final decision on the terms of the divorce.
Divorce is never an easy process, but it can be made a little easier by knowing what to expect. If you’re considering filing for divorce in Arizona, make sure to take the time to read through this guide and reach out to us if you have any questions. We’re here to help you every step of the way.
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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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