How to Get a Divorce in Arizona?

If you’re going through a divorce in Arizona, it’s important to understand the steps involved. To get a divorce, you must file the necessary paperwork with the court, including a petition for divorce, and go through a series of legal processes to reach a resolution.

Understandably, this may feel overwhelming, but remember you should never go through it alone. Seeking the help of an experienced divorce attorney can make the process easier and give you a greater chance of a fair outcome.

Contact a divorce attorney near you to protect your future. Remember, you are not alone, and help is available.

Learn About Your Rights Under the Law

Divorce laws can vary from state to state, so it’s important to understand your rights under Arizona law. An experienced divorce lawyer will explain the laws that apply to your case. Here are some key rights to be aware of:

Property Rights

Arizona is a community property state, meaning marital property is generally divided equally between spouses. Marital property includes assets acquired during the marriage, such as houses, cars, bank accounts, and retirement accounts. However, there may be exceptions and considerations based on individual circumstances, such as prenuptial agreements or certain types of property.

Your divorce lawyer will identify and value marital assets and ensure you receive a fair share of the property.

Child Custody Rights

If you have children, determining child custody and visitation arrangements will be a significant aspect of your divorce case. Arizona courts prioritize the best interests of the child when making custody decisions.

Your divorce lawyer will work with you to create a parenting plan that outlines custody and visitation schedules, decision-making authority, and other important aspects of co-parenting. The goal is to ensure both parents have a meaningful relationship with the child and meet the child’s needs.

Support Rights

Depending on the circumstances of your case, you may be entitled to receive or obligated to pay spousal maintenance (alimony) and child support. Spousal maintenance may be awarded to one spouse to provide financial support during and/or after the divorce. Child support is intended to ensure that the child’s financial needs are met and is typically based on the income of both parents.

Your divorce lawyer will identify your rights and obligations regarding support and work to reach a fair agreement or argue for a just outcome in court.

Your Divorce Lawyer Will Prepare and File a Divorce Petition with the Proper Court

Once you have consulted a divorce lawyer and determined you want to move forward with the divorce, your lawyer will prepare and file a divorce petition on your behalf. The divorce petition is a legal document that initiates the divorce process and outlines the grounds for divorce and the relief sought. Your lawyer will ensure the petition is accurate, complete, and filed with the appropriate court.

If Your Spouse Files, Your Attorney Will Properly Respond in Time

If your spouse files for divorce first, your attorney will properly respond to the petition within the required timeframe. You must respond in a timely manner to avoid any negative consequences, such as a default judgment.

Your attorney will review the petition, gather any necessary information, and prepare a response addressing the issues raised. They will also consider any counterclaims or requests for relief that should be included in the response.

Your Attorney Will Gather Information and Negotiate a Divorce Settlement

One of the primary roles of your divorce attorney is to gather all the necessary information related to your case. This includes financial documents, such as income statements, tax returns, property valuations, and any relevant documentation pertaining to child custody and support.

Armed with this information, your attorney will negotiate a divorce settlement with your spouse’s attorney. The goal is to reach a fair and equitable agreement, considering your rights and interests.

Engage in Mediation When Necessary

If negotiations between you and your spouse do not result in a settlement, your attorney may suggest mediation. Mediation is a voluntary and confidential process where a neutral third party, the mediator, helps facilitate communication and negotiation between you and your spouse.

Mediation can be a valuable alternative to litigation, allowing you to maintain control over the outcome of your case and potentially saving time and money. Your attorney will guide you through mediation and advocate for your interests.

Litigate Any Contested Matters

If mediation does not lead to a resolution or if your case involves complex issues that cannot be resolved through negotiation, your attorney will represent you in court. Your divorce attorney will prepare your case meticulously, present evidence, argue on your behalf, and advocate for your rights and interests to the judge.

Obtain a Final Divorce Judgment from the Court

Once all the issues in your divorce case have been resolved, either through settlement or litigation, your attorney will obtain a final divorce judgment from the court. The judgment will outline the terms of the divorce, including property division, child custody and support arrangements, and any other relevant matters.

Obtaining a final divorce judgment marks the end of the legal process, allowing you to move forward with your life. Your attorney will ensure that the judgment accurately reflects the agreements reached.

Consult a Trusted Arizona Divorce Lawyer Now

The divorce process in Arizona can be complicated, emotionally challenging, and legally demanding. To ensure that your rights are protected and that you receive the guidance and support you need, always consult an experienced divorce attorney. You should never try to handle this process alone. Contact a trusted Phoenix family law attorney today to get the professional support you need.