The Guide To Amicable Divorce In Arizona

With the divorce rate in the United States hovering at about 50%, most of us know at least one person who has gone through a bitter divorce. A contested divorce can last for several months, or even years, while the spouses work out alimony and property division issues. Things become even more complicated if the spouses have minor children in common, necessitating the resolution of child support and child custody matters. But not every divorce is full of stress and drama like the media may lead you to believe. Some spouses come to an agreement that the romantic aspect of their relationship is over while still holding a great deal of respect for one another. If they choose to proceed with a dissolution of marriage, they still need to be thorough with their documents to achieve their desired outcome. Read on for more information about divorcing amicably in Arizona. If you’d like to speak to an experienced divorce law attorney about your personal situation, call 480-680-9126. 

The Mandatory Waiting Period

Even if you and your spouse agree on everything, a petition for divorce can’t be granted instantaneously in Arizona. In Arizona, there is a mandatory waiting period for every dissolution of marriage. A divorce can’t be finalized until at least 60 days have passed after the petition is filed. Contested divorces can take far longer to complete than those 60 days. But if the divorce is amicable and the spouses are in agreement, they can finalize a consent decree and be granted their divorce once the waiting period is complete. Once the divorce has been finalized, the spouses can move on with their lives. There is no waiting period to remarry after a divorce has been finalized in Arizona. 

The Consent Decree

A consent decree is the legal document listing the terms of a divorce. While the judge assigned to the case will read the consent decree, the judge does not choose any of the terms in the consent decree. The spouses will agree to those terms outside of court. Arizona doesn’t allow spouses to file a joint divorce decree, so divorcing by consent decree is the next best option for marriages ending amicably. 

There are several items of information that will need to be included in a consent decree. The court needs all of the contact information from both parties and to confirm that residency requirements and the waiting period have been met. The parties should also state whether or not either spouse is pregnant and if the other spouse is the parent. They also need to disclose special factors, like a covenant marriage or existing protective orders. Then the consent decree dives into property- both separate and community. The spouses can indicate whether one spouse will be receiving support payments. If the spouses have children, they will need to complete the parenting plan and child support information. 

The Parenting Plan

If you and your spouse are divorcing amicably but share children under the age of 18, forming a parenting plan will be an important part of the divorce proceedings. In Arizona, there is a presumption that it is in the child’s best interests to have an equal relationship with both parents. That presumption can be rebutted by evidence of special factors like a parent’s work schedule, terminal illness, deployment, incarceration, substance abuse, or domestic violence that make it difficult to maintain a regular parenting schedule. But in an amicable divorce, parents are typically aligned with how they want their parenting plan to look. 

For some parents, doing a straight 50/50 plan is feasible. They might switch off custody of the child every week, or every few days, with a calendar in place that can be referenced to keep things clear for everyone. But if the parents live far from each other, one or both has a demanding work schedule, or something in the child’s schedule prevents that, the parents will need to get more creative with their custody plan. Giving one parent extended breaks from school while the other parent has them for most of the school year is a common technique. In these types of plans, the parent will usually have the child on their own birthday and Mother’s and Father’s Day, respectively. But they will switch off for other major holidays and the child’s birthday. 

Why You Should Still Consider Legal Representation

Just because spouses are still friendly with each other doesn’t mean that they shouldn’t seek legal counsel to end their marriage. Hiring an attorney doesn’t have to be a declaration of war. It can help the spouses avoid issues that could arise in the future when a divorce agreement isn’t navigated carefully. Below are some of the reasons that spouses in an amicable divorce should still reach out to consult with family law attorneys:

• Qualified Domestic Relations Orders: If either spouse has a 401(k), pension, or other retirement savings account, it will need to be split using a Qualified Domestic Relations Order, or a QDRO. Assigning each spouse a share can be complex in a community property state, especially if contributions were made before the marriage. The QDRO will also help the spouses avoid tax penalties when dividing retirement accounts. QDROs are highly complicated and typically require formal legal counsel to complete. 
• Durability: Even if you and your future ex-spouse agree on everything now, that might not remain true as the years pass. What if one spouse has a career change and needs to reduce their alimony or child support payments? What if one spouse wants to move to a new state with their shared children? A skilled attorney can foresee these types of issues and word a divorce agreement to prepare for them. 
• Keeping things fair: Playing nice is hardly a new manipulation tactic. If someone going through a divorce isn’t knowledgeable about their legal options, they could be prone to happily signing away rights they didn’t even know they had. 
• Complying with statutory requirements: If your divorce petition isn’t filed and served properly, the response filed in a timely manner, and so on, there could be delays and other problems in your case. When the parties have legal representation, their case is less likely to fall through these types of cracks. 

Have More Questions About Divorcing Amicably in Arizona? Schedule a Free Consultation with AZ Family Law Lawyers Today. 

Even if it feels like the right thing to do, divorce is still a huge life change that can be even more complex if entered into without legal representation. Almost every area of your life can become a legal issue in your life, and it is extremely difficult to overturn orders once they have been finalized. The very least you can do to protect yourself and your legal rights is to have a divorce lawyer assess your situation, free of charge. At AZ Family Law Lawyers, your initial phone consultation is 100% free. Receive more information about your options and a competitive quote for high-quality legal services. Get started today by calling 480-680-9126.

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