There is a lot to know about the divorce process, and many people who decide to divorce only begin to learn about it once they have made the decision to pursue it. Before filing for divorce, it is beneficial for Phoenix residents to do their research, hire knowledgeable legal advisors, and prepare themselves for what the process will impose on their lives. As every divorce is different and faces its own challenges, readers should not rely on this post as advice and should instead seek the counsel of their own family law and divorce attorney.
1. Arizona divorces are for Arizona residents
Like many other jurisdictions throughout the nation, Arizona courts only hear the divorce cases of individuals who are attached to the state through residency. To file for divorce in Arizona, one of the parties to the proceeding must have lived in Arizona for at least 90 days prior to the filing of the divorce pleading. If a person has moved to Arizona and has not been domiciled there fore at least 90 days, they must wait to file in the state.
2. Arizona recognizes no-fault divorce
In the past, the only way to get a divorce was to plead that one’s spouse had engaged in wrongdoing. For example, a person could allege adultery against their spouse, or plead that their spouse’s incarceration made their marriage unlivable. These fault-based grounds for divorce still exist in many places, but most jurisdictions, including Arizona, have adopted no-fault grounds for divorce as well.
In Arizona, a person can plead that their marriage is irretrievably broken in order to file for divorce. They do not have to allege fault against their spouse or offer evidence of wrong doing. The adoption of no-fault divorce allows individuals to keep their marriage problems relatively private when they pursue the ends of their marriages.
3. Arizona is a community property state
Community property refers to the manner in which divorce courts divide up the shared or marital property that two people own jointly when they end their marriage. Unlike jurisdictions that follow the principles of equitable division, community property states like Arizona divide marital property up evenly and each party to the divorce takes 50 percent of the property from their marriage.
4. Divorce concerns more than the end of a marriage
A divorce is a legal process that ends a marriage, but it can concern many other family law considerations. When children are part of a marriage, then the divorce of their parents must factor in the care and support of those kids. When one spouse does not have a job, a divorce can include negotiations over spousal support. In the end, every divorce is different and will be influenced by the unique factors of the parties and their marriage.
This post briefly touches on only a few of the important elements of Arizona divorces. Please consider this post informational and take any questions to knowledgeable Phoenix-based family law and divorce attorneys. No legal advice is offered or conveyed through this article.