Deciding to file for divorce can feel stressful and overwhelming, and there are often many questions associated with making this major step in a person’s life. At theSingular Law Group in Phoenix, our dedicated legal professionals are here to answer all of your questions and assist with every step of the process. If you are interested in learning more about filing for divorce in Arizona, call or contact our office today to schedule a free consultation of your case.
Arizona Divorce Requirements
The first step in filing fordivorce in Arizona is making sure that the couple meets certain requirements. Either spouse must reside in Arizona for at least 90 days before filing for divorce, and the petition must be filed in the county where either, or both, spouses reside.
Arizona no longer requires that a spouse state grounds for a divorce, unless a couple has engaged in a covenant marriage. For non-covenant marriages, one spouse must simply state that the marriage is irretrievably broken. In a covenant marriage, the spouse petitioning for divorce must provide one of the following fault-based grounds:
The at-fault spouse committed adultery,
The at-fault spouse committed a felony and was sentenced to prison or death,
A spouse abandoned the marital home for at least one year and refuses to return,
The at-fault spouse physically or sexually abused the other spouse, a child, or relative, or
The at-fault spouse suffers from a habitual substance abuse issue
Dividing Property in a Divorce in Arizona
Arizona is considered an equitable property state, which means that all marital property must be split equitably, but not necessarily equally, between spouses. The first step in this process is identifying what property is separate and what is marital. All separate property brought into the marriage reverts to that spouse, whereas all property acquired during the marriage is considered marital property.
As part of equitable division, both assets and debts accrued during the marriage must be split between spouses in a divorce; however, certain factors may be considered by the court that awards a greater share of the assets or debts to a particular spouse. Examples include one spouse using marital funds to support adultery as well as hidden gambling or credit card debt. An experienced divorce attorney can ensure that you walk away with what you deserve from an Arizona divorce.
Alimony and Spousal Support
Filing for divorce in Arizona also includes consideration for alimony and child support payments, if applicable to the case. Alimony helps support a lesser-earning spouse during and after the divorce to maintain their standard of living as they become financially independent. Child support helps cover the daily living expenses and ongoing care of any minor children during and after the divorce until they reach adulthood.
Talk to Our Office Now
Do you have more questions about filing for divorce in Arizona? Then call the office orcontact us now to talk to the knowledgeable divorce attorneys at the Singular Law Group in Phoenix today and schedule a free consultation.