Types of Arizona Divorce

Types of Arizona Divorce

Types of Divorce

Whenever you and your spouse agree that divorce is the right step for the both of you, the legal process can be very complicated to understand. Phoenix Divorce Law Attorney Cosmas Onyia can help answer your questions and simplify the divorce proceedings.

Many clients seek a divorce attorney because they have no idea where to begin, especially if their case is complicated and involves children. Our law firm has extensive knowledge and experience with Arizona family law. We can answer your questions about the types of Arizona divorce. Allow us to help you settle your dissolution of marriage.

As you know, not every divorce case ends the same way. As this is true, there is no single type of divorce case for every couple. Many differences of divorce can be in the law or in the approach that is established by you and your spouse.

No matter how your divorce is settled, it can be cumbersome to deal with. Allow us to help you understand the different types of divorce in Arizona.

Contested Divorce

A contested divorce involves you and your spouse settling your differences in the courtroom in front of a judge with regards to property, liability, assets and child custody case. If you are the couple who argues constantly over any of these issues that are not getting resolved out of court, then we suggest speaking with a divorce attorney to start building your case.

Uncontested Divorce

This may be the best solution for couples not “at each other’s throats.” We can help you and your spouse agree to terms of your divorce without the need of a formal trial. There will be filed court documents to cooperatively sign, but chances are you will not have to appear in court.

Collaborative Divorce

This particular divorce type involves working with lawyers in a manner that is similar to uncontested divorce. A collaborative divorce is generally a binding agreement that is done legally out of court. Both you and your spouse agree to disclose all the information needed to disclose for fair negotiations and prepare to settle. If however, your divorce does not settle collaboratively then you and your spouse will hire new attorneys to settle through a trial.

Default Divorce

If in the event your spouse has been presented with the petition for dissolution of marriage, and they fail to respond within 20 days of receiving it, then you may be granted the divorce by default. The judge may order 10 additional days for the respondent to file a consent decree, but if your spouse does not participate to the legal proceedings at all then a default divorce can be granted to you.

Mediated Divorce

A mediated divorce is a settlement out of court that involves a neutral third party. You and your spouse will meet with a mediator to help resolve your differences in your divorce and to help the both of you communicate until an agreement is reached.

The decisions made however, are entitled for you and your spouse to follow, which is not legally binding.

Overview of Divorce in Arizona

Divorce in Arizona involves several crucial steps that affect your family, finances, and future. The process depends on the couple’s ability to resolve key issues like property division, child custody, and support arrangements.

Understanding these steps can help you prepare for what’s ahead and protect your rights.

  • Residency Requirements
    • At least one spouse must live in Arizona for 90 days before filing for divorce.
    • Military members stationed in the state for this period also meet the residency requirement.
  • Filing for Divorce
    • The petitioner files a divorce petition with the court and pays court fees.
    • A process server delivers the petition to the respondent, who has a set period to reply.
    • If the respondent fails to respond, the court may issue a default divorce.
  • Legal Grounds for Divorce
    • Arizona follows a no-fault divorce policy, meaning the marriage must be “irretrievably broken.”
    • Covenant marriages require stricter grounds, such as adultery or abandonment.
  • Property Division
    • Arizona’s community property rules divide marital property and debts equally.
    • Courts review assets like retirement accounts, property acquired during marriage, and debts accumulated by both spouses.
  • Child Custody and Parenting Time
    • Arizona courts prioritize the best interests of the child when determining child custody and parenting time.
    • If parents fail to agree, the court issues a binding court order.
  • Child Support
    • Child support amounts follow Arizona’s guidelines, considering both parents’ income, medical expenses, and time spent with the child.
    • Non-payment of child support may trigger enforcement actions.
  • Spousal Support and Spousal Maintenance
    • Courts may award spousal support if one spouse earns significantly more than the other or if one spouse’s ability to support themselves is limited.
    • Factors like the length of the marriage and each spouse’s financial resources influence the decision.
  • Divorce Settlement and Debt Division
    • Couples divide marital property, retirement accounts, and debts, ensuring a fair allocation.
    • Marital debt, such as loans and credit card balances, is divided along with assets acquired during the marriage.
  • Mediation
    • Couples can use a mediator to resolve disagreements on child custody, property, and support.
    • Mediation encourages cooperation, reduces legal fees, and often leads to quicker settlements.
  • Legal Fees and Representation
    • Divorce cases involve court fees and legal fees.
    • Hiring a divorce attorney provides legal counsel for issues like child custody, debt division, and spousal support.
  • Finalizing the Divorce
    • Once all issues are resolved, the court issues a divorce decree outlining custody arrangements, property division, and support obligations.
    • If a spouse’s financial or personal circumstances change, they may request a modification of the decree.
  • Special Considerations
    • Covenant marriages require stricter divorce requirements, like proving abuse or abandonment.
    • Mental illness may influence the court’s decisions on child custody and spousal support.
    • Living separately for extended periods before divorce may raise questions about dividing property and debts acquired during that time.

By familiarizing yourself with the divorce process in Arizona, you can make more informed decisions at each stage. Seeking legal guidance ensures your rights are safeguarded as you work toward a fair resolution.

Cosmas Oniya, P.C. is a family law firm that has been helping clients settle legal issues for more than 15 years. If you are facing a divorce then it is imperative that you have an experienced Phoenix attorney by your side to answer all your questions before divorce proceedings get underway. Please contact our Phoenix law firm online or call us at (602) 265-5200.