FAQs About The Divorce Process
Can My Spouse Refuse To Agree To A Divorce Petition?
No, Arizona is a “no-fault” divorce state meaning that only one spouse needs to claim the marriage is broken to file for divorce. If your spouse refuses to respond, you can request a default judgment and you will be granted divorce on your terms. If the terms of divorce are contested, the case will go through litigation where a judge will decide on asset division and other terms.
What Impact Does Adultery Have On Divorce Proceedings In Arizona?
Because Arizona is a no-fault divorce state, it does not have an impact on property division, alimony, or child custody unless it financially harmed the marriage or endangered a child. If you’re involved in a marriage where there was adultery, talk to us to find out how it could impact your particular circumstances.
What Sets Annulment Apart From Divorce In Arizona?
Both an annulment and divorce legally end a marriage in Arizona, but they are different. An annulment claims that the marriage never was legally valid due to several factors such as bigamy, fraud, lack of consent, and more. A divorce sees a marriage as valid, but legally ends it due to irreconcilable differences.
Can I File For Divorce In Arizona If I Was Married In Another State?
Yes! You can file for divorce in Arizona regardless of where you were married. The only qualification is that you meet the residency requirements. To meet them, you must have lived in Arizona for at least 90 days before filing or you must be stationed in Arizona (if active-duty military) for at least 90 days.
How Long Does The Marriage Annulment Process Typically Take?
Marriage annulments can take anywhere from a few months to over a year. The circumstances that affect the time frame are whether or not it is contested. Uncontested annulments are typically quick and can resolve between 90 and 120 days. If the annulment is contested, it can take significantly longer.
Am I Required To Pay For My Spouse’s Attorney Fees In A Divorce?
Not necessarily. Initially, each spouse is responsible for their own attorney fees, however, the court can end up ordering one spouse to take care of the other’s fees. Generally, if both spouses have similar financial means, the fees will be taken care of by each spouse individually.
What Happens If My Spouse Ignores Or Doesn’t Respond To A Divorce Petition?
When you file a petition for Dissolution of Marriage with the court, your spouse will have 20 days to respond. If they fail to respond by this time, you can request a default judgement which will grant the divorce on your original terms.
How Does Arizona’s Community Property Law Affect Divorce Settlements?
Community property law means that most assets in a marriage are split 50/50 with some exceptions. Community property includes income, real estate purchased during the marriage, vehicles, furniture, retirement accounts, debts, and more. You can agree to an unequal division, but for the most part equal division will apply.
What Are The Key Differences Between Contested & Uncontested Divorce?
In an uncontested divorce, the two spouses agree on all the terms of the divorce including property division, child custody, and spousal support. Contested divorces require litigation as the spouses disagree on one or more issues that must be worked out in court. If you’re involved in a contested divorce, reach out to our lawyers for help.
How Do Divorce Attorneys Help Enforce Child Support & Alimony Payments?
At AZ Family Law Lawyers, we will play an important role to help enforce child support and alimony payments. We will draft clear agreements, file all your legal documents if payments are missed or to initiate other enforcement actions, we gather evidence of missed payments, and more. Reach out to our attorneys to ensure you get the financing you need.
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