Divorce Laws in Arizona

Divorce in Arizona – Laws, Attorneys, and Family Lawyers

Divorce in Arizona is a reality that many couples have to face. Fortunately, the state is a liberal one, offering no-fault grounds for divorce — meaning you don’t have to prove any misconduct in order to end your marriage. To file for a divorce in Arizona, you or your spouse must have had your primary residence in the state for at least 90 days.

After filing for divorce, there is a 60-day waiting period before the Decree of Dissolution can be issued. According to estimated statistics, the state has a divorce rate of 4.2 per 1,000 of population, making it the 15th highest in the nation.

Annulment is an option that Arizona State laws don’t encourage, since it is much harder to get. The grounds for annulment are hard to prove, making divorce a far easier option if you’re looking to end your marriage.

Get the Help You Need

If you’re considering divorce in Arizona, it’s essential to have the legal representation of a qualified family lawyer to assist you. They can help you understand the process and the laws, provide the best advice, and guide you through the divorce proceedings.

• Understand the process and laws
• Get the best advice from an experienced attorney
• Navigate the divorce proceedings with ease

Grounds for Divorce in Arizona

If you’re considering filing for divorce in Arizona, it’s important to understand the state’s divorce laws. The only ground for divorce in Arizona is to show that the marriage is “irretrievably broken” and there is no need to prove fault.

For those seeking a simple, uncontested divorce, Arizona provides free divorce papers on the Supreme Court of Arizona website for both those who HAVE children and those who DO NOT HAVE children. It’s recommended, however, that anyone with concerns or considerations should seek advice from an attorney.

Arizona Divorce Laws

• Residency: Either spouse applying for divorce must have domicile of Arizona State.
• Documents Required to File Divorce: Summons, Notice of Right to Convert Health Insurance, Joint Preliminary Injunction and Creditor Notice.
• Distribution of Property: Property purchased during the marital life should be divided equally, while property possessed before marriage should be kept by the owner.
• Change of Name or Restoration of name: Women can take up their pre-marriage name after the divorce.
• Mediation Counseling: Arizona divorce laws require mediation counseling before announcing divorce.
• Alimony: Alimony is meant to financially support an innocent spouse and to punish a guilty one. Adultery may affect alimony payments.
• Child Custody: Arizona divorce laws consider the best interests of the child and the mother’s claims to custody.
• Child Support: Mothers usually retain custody and may be able to receive financial support from their spouses.

  Understanding Arizona Annulment Laws

  When it comes to ending a marriage, the traditional route is divorce. But did you know that annulment is another legal way of ending a marriage? Annulment means that the court declares that the marriage never actually took place and is different from divorce, which is the termination of a marriage.

  Grounds for Annulment in Arizona

  The grounds for annulment can vary from state to state and in Arizona, the annulment rate and laws are specific. If you are looking for annulment in Arizona, here are some of the grounds that apply according to Arizona annulment laws:

  • Misrepresentation: Fraud or misrepresentation is one of the major Arizona annulment grounds. If a fraudster commits any fake contract or misrepresents his/her partner, the injured party can claim an annulment in Arizona.
  • Concealment of Disease: If a person is infected with any harmful disease (STD) and conceals this from his/her partner, the victim has the right to file for Arizona annulment.
  • Concealment of Crime: Involvement in any crime or in case of imprisonment and not disclosing it is a fraud and is a valid ground for Arizona annulment.
  • Inability to Consummate the Marriage: Arizona annulment can also be obtained if a person is unable to sexually satisfy his/her partner or refuses to have sexual relations.
  • Addiction to Drugs: Drug addiction is ground for annulment according to Arizona annulment laws. If your spouse is a habitual alcoholic or drug addict, you can file for Arizona annulment.

  It’s important to understand the annulment rate, rules and regulations in each state, as well as the individual grounds for annulment. Be sure to consult a lawyer if you are considering annulment in Arizona.

  Frequently Asked Questions About Arizona Divorce Laws

  Are you considering getting a divorce in the State of Arizona? Divorce can be a difficult and confusing process, and the laws regarding it vary from state to state. Here are some of the most commonly asked questions about Arizona divorce laws to help you make the best decisions for your unique situation.

  How long must I be residing in Arizona to file for divorce?

  According to Arizona divorce law, you are required to be a resident for at least 90 days before filing for divorce.

  What happens if my spouse doesn’t reside in the State of Arizona?

  Arizona divorce law doesn’t require the defendant to be a resident of the State of Arizona, but this does complicate the divorce process. The defendant spouse has to be served a notice, and if they don’t reside in Arizona, then the State of Arizona will utilize the services of a special process server to deliver the notice.

  How long does it take for the dissolution of marriage?

  Arizona divorce law requires the defendant/respondent to file their response within 20 days. If the respondent doesn’t reside in Arizona, the State of Arizona gives them a 30 day period to receive the response. Plus, Arizona is a no-fault state, so there’s no separation requirement. All of this makes the process of getting a divorce in Arizona relatively quick and easy.

  How much does it cost to file for divorce in the State of Arizona?

  The filing fee depends on the county you are residing in, but it generally falls in the range of $200-$400.

  How do Arizona divorce lawyers charge their clients?

  Arizona divorce lawyers typically charge either a set fee or an hourly rate, so it’s important to clarify the fee arrangement before you hire one.

  How much can I be charged for hiring the services of an Arizona divorce lawyer?

  The cost of hiring an Arizona divorce lawyer depends on the complexity of your case, your financial health, the fee normally charged by the Arizona divorce lawyer, and the negotiating tactics you employ. It could range anywhere from a few hundred dollars to a few thousand dollars, though, since Arizona is a no-fault state, the fee is usually lower than in other states.

  Do I require any Arizona divorce lawyer?

  No, you don’t require an Arizona divorce lawyer, but it is highly recommended to have one.

  Can my spouse and I hire the same divorce attorney?

  No, it is not possible for the same Arizona divorce lawyer to represent both spouses in the court of law in Arizona.

  Is Arizona common law State?

  No, Arizona divorce law isn’t a common law marriage State.

  Is Arizona a No-Fault State?

  Yes, Arizona is a no fault State. In fact in the State of Arizona you can only file for no fault divorce.

  How long does a couple have to be separated before filing for divorce in Arizona?

  There are no separation requirements under Arizona divorce law.

  • In many ways, Arizona allows an easy divorce.