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Changes In Divorce Laws in Arizona, 2023


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Changes In Divorce Laws in Arizona, 2023

Divorce in Arizona can be time-consuming, but it may be the best decision if you and your spouse are unable to live together as a pair. If you are considering terminating your marriage, you should learn how to file for divorce in Arizona so that you may get through this difficult time as swiftly and successfully as possible. 

However, this blog will explain everything you need to know about divorce in Arizona so you can start the process of dissolving your marriage.

Who Can Divorce in Arizona? 

Individuals who want to file for divorce in Arizona are required to be residents of the state. In order to be eligible for divorce in Arizona, you or your spouse must have lived in the state for at least 90 days before filing divorce papers. Moreover, military members will be considered to have met Arizona’s residency requirements if they have been living in the state continuously for a period of at least 90 days prior to filing for divorce. 

How to Get a Divorce in Arizona

Filing court documents is an important step in determining how to file for divorce in Arizona. In Arizona, you must file for divorce in the county where you or your spouse resides. 

A number of forms must be included with your divorce paperwork. These forms may include the following, depending on your situation:

• Divorce Petition with or without Children,

• Suspension Provisional

• Sensitive Information Data Sheet 

• Summons on Family Court Cover Sheet

Notice of Right to Substitute Health Insurance Parent Information Program Orders and Notice Affidavit of Small Children Notice Concerning Creditors.

You must file your paperwork with the Clerk of the Court and pay a filing fee, or get a fee waiver if payment is extremely problematic.

Contested Or Uncontested Divorce

In Arizona, uncontested divorce is allowed, which means that you and your spouse concur that the marriage should end and that you agree on the issues involved in breaking your marriage, such as custody of the children and support, property and debt division, and alimony.

An uncontested separation can be less expensive, faster, and easier. By resolving complex custody and property matters on your own, you skip a full trial. You may also be able to move through the uncontested divorce process more quickly by adopting a simplified method known as a summary consent decree. However, if you and your husband cannot agree on all matters, you will have to go through a disputed divorce. This is traveling to court, providing evidence, and allowing the court to make decisions on how to address your outstanding divorce concerns.

Obtaining Legal Assistance for a Divorce in Arizona

Learning the fundamentals of how to file for divorce in Arizona will help you prepare for the end of your marriage. Yet, you will almost likely need the counsel of a skilled divorce lawyer.

Your attorney can help you understand the legal requirements for divorce, complete the required court documents, argue for your preferred divorce settlement, and ensure your rights are protected. You should contact an experienced Arizona Divorce Lawyer as soon as possible to help you with these essential steps in the dissolution of your marriage.

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Arizona Legal Paraprofessional Offers Service for Divorce Without A Lawyer
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The decision to end a marriage is rarely easy and can be scary if you have never gone through the process in the past. While you might believe that divorces are always dramatic, your divorce does not have to be filled with bitter conflict and protracted litigation.

Many Arizonans think that they must hire a divorce lawyer to get divorced or represent themselves. However, you can choose the third option and hire a licensed legal paraprofessional at a significantly more affordable cost as compared to a traditional Phoenix divorce attorney.

Stephanie Villalobos at De Novo Law is a licensed legal paraprofessional with decades of experience in family law, and she is licensed to represent her clients throughout their divorce matters up to and including divorce trials.

Here are seven steps you can follow to get a divorce with the help of an a Licensed Legal Professional without needing to hire an expensive divorce lawyer.

 

1. Know the Requirements and the Law

If you are planning to divorce, you need to understand the following requirements to file a petition in Arizona:

  • You or your spouse must have lived in the state of Arizona for at least 90 days before you can file your petition.
  • If you and your spouse share children, your children must have lived in Arizona for at least six months before the Arizona court will have jurisdiction over child custody and parenting time.
  • Once you file your petition, there will be a minimum waiting period of 60 days before your divorce can be finalized.
  • As a no-fault state, Arizona does not require you to prove fault to obtain a divorce.

  

2. Decide Whether to Represent Yourself, Hire a Licensed LP, or a Retain a Divorce Lawyer

You will need to decide whether to try to represent yourself to obtain a divorce without a lawyer, hire a licensed Arizona legal paraprofessional to obtain a divorce without a lawyer, or retain a divorce attorney.

Representing Yourself (The Cheapest but Potentially Disastrous Method)

While spending money while dealing with the issues of filing for divorce is the last thing on people’s mind, there is always the ability to file paperwork yourselves.

However, many things can go wrong. If documents are not completed correctly, or within strict deadlines, many things cannot go in your favor. The cleanest way that you could represent yourself in a divorce is if the following circumstances apply:

  • You and your spouse agree on all divorce issues.
  • You do not share children.
  • You have little or no marital property. 
  • You understand the forms and the filing requirements. 

The forms are available online on the website of the Arizona Judicial Branch

As mentioned, it is imperative that you complete them correctly. If you don’t understand the paperwork and your requirements, you might find yourself adding much more stress to the situation.

Similarly, if you have accumulated substantial property during your marriage, cannot agree on the issues, or share children with your spouse, you also might be better off getting help from a legal professional for an affordable …

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Arizona Divorce Lawyer Discusses 2022 Changes in Divorce With or Without Children
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Details of Filing for Divorce in Arizona

If you and your spouse believe that you have reached the end of your marriage and want to file for divorce, getting help from an experienced family law attorney is critical.  Regardless of whether you will be going through a dissolution of marriage with or without children, a divorce lawyer can help you avoid mistakes that could potentially harm your future and interests.

In any divorce, there are multiple factors that each person needs to know about, and could use the help of a family law firm that is compassionate and will stop at nothing until the client receives the best possible outcome.

Below is an overview of what to expect in a divorce without kids vs. a divorce with kids.

Arizona Divorce without Children Involved

In an Arizona divorce, if you and your spouse do not have any minor children (younger than 18), you might believe that your divorce will be relatively straightforward. However, even if you are divorcing without children, many issues still need to be resolved.

Some of the issues that might arise in a divorce without children include:

  • Spousal maintenance;
  • Property and debt division;
  • Who will retain ownership and responsibility for pets;
  • Whether a spouse desires to change their last name upon divorce;
  • How your divorce might impact your ability to retire

Thinking through these important issues and making a strategic plan to resolve them favorably is key to protecting your future interest after the divorce is finalized.

There are several ways to resolve a dispute without going through a divorce trial, including participating in mediation, pursuing negotiations informally, and partaking in the collaborative divorce process.

Having the assistance of an experienced divorce and property division attorney from Colburn Hintze Maletta can help you to resolve divorce-related issues and conflicts fairly while protecting your interests and preserving your potential ability to retire on time.

Below is a brief overview of each of the methods mentioned above that are out-of-court alternatives for dispute resolution.

*Note: If there are children involved in your divorce, please continue reading below. We discuss in detail the different elements.

Arizona Private Mediation – Alternative to Family Court

In private mediation, both spouses meet with a trained and neutral third-party mediator. The mediator talks to each party (separately) about each issue in dispute and works to facilitate an agreement. In many cases that don’t involve children, mediation is an excellent option because there are many creative ways to achieve a fair compromise, or uncontested divorce when the primary issues in dispute relate to the division of assets and debts.

If an agreement is reached during mediation, a Consent Decree will be drafted and signed by the parties based upon the agreed-upon terms.  After the parties sign the Consent Decree, it is submitted to the court for the judge to sign and file with the clerk of court, thereby making it an official order of the court and finalizing the divorce.

Having the help of an experienced attorney during private mediation is crucial to finding a resolution that is acceptable to all parties involved.  It is also essential to ensuring that final paperwork is completed properly.

As an added bonus, a successful mediation almost always results in a quicker and less expensive divorce than litigating a case all the way to trial.

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