Read This If You’re Considering No-Fault Divorce In Arizona

Divorce has become an increasingly accepted practice over the years. While hardly anyone gets married with the intention of getting divorced (although there are a few), the statistic of about half of marriages ending in divorce has held true for decades now. In fact, the average age at first divorce in the United States is 30. This shows that many people realize they don’t want to spend their lives in loveless marriages and move on before wasting too much of their time. Because it is an option in Arizona, most couples choose to end their marriages using no-fault divorce. In other situations, the spouses can be required to prove marital indiscretion like infidelity, physical abuse, alcoholism and addiction, etc., before a court of law in order to get legally divorced. This creates extra obstacles for abuse victims and other vulnerable people who need to get out of their marriages sooner rather than later. It also can be quite expensive, because divorce attorneys charge by the hour, which means every dispute and allegation during a dissolution of marriage will cost you more money. 

Whether you have a spouse who knows how to work the legal system in their favor, or you don’t want your personal business aired out publicly in court, no-fault divorce is usually the best option to end your marriage. So why is it important to read this information and consider filing for divorce now? The second Trump presidency is underway and while it may seem like things aren’t much different if you keep your head down, there are going to be vast changes to every system in our country. Trump kicked off the presidency with 200 executive orders, withdrawing from the World Health Organization and dictating that there can only be two genders in the United States. There have been whispers of MAGA Republicans seeking to push conservative ideals on American citizens by eliminating no-fault divorce. So, while this wasn’t one of the issues addressed in Trump’s second first day order-signing marathon, no-fault divorce could become a thing of the past at any moment. If you want to get divorced without proving your reasoning to a judge, you may want to consider taking the plunge. Once it’s too late, you could be stuck for at least a few more years. Learn more about filing for divorce in Arizona and receive a fair quote for high-quality legal representation by scheduling your free consultation with our Arizona Family Law firm today. Call 480-263-1699 to get started. 

Arizona’s Mandatory Waiting Period For Divorce

Whether or not you end your marriage using no-fault divorce, it will take at least 60 days from your filing date for the divorce to be finalized. That is because like many other states, Arizona has a mandatory waiting period for spouses seeking to get divorced. This waiting period is meant to give the spouses an opportunity to reconcile and halt the divorce proceedings, or begin settlement negotiations and other preparations if reconciliation is not an option. You can read Arizona’s mandatory waiting period statute for yourself in A.R.S. § 25-329. 

Community Property Division In Arizona

One of the reasons that it is so important to establish a legal boundary between you and your spouse when possible is that Arizona is a community property state. Spouses don’t just share assets acquired during the marriage- they share debts, too. Your spouse could accumulate significant debts without you knowing about it, and you could be held responsible for half. If your spouse goes back to school or picks up a gambling habit, you could be left to foot a bill worth several thousand dollars. You also could be about to increase your income or otherwise come into money that you don’t want to split with your spouse if you believe that divorce is inevitable. However, premarital property and inheritance are considered separate property and are thus excluded from property division in Arizona. Want to review your assets to determine how they might be split in a no-fault divorce in Phoenix or Tucson? Schedule your free consultation with a dedicated member of our family law team today by calling 480-263-1699. 

Covenant Marriage & Divorce

Arizona is one of only three states in the nation that has covenant marriage. This is a type of marriage typically only used by the devoutly religious. Covenant marriage is defined by A.R.S. § 25-901. One of the things that makes it unique is that the spouses must complete pre-marital counseling to be eligible. They must also submit a special declaration when applying for their marriage license. Once the wedding is over, a covenant marriage is like any other marriage unless the spouses decide to separate. The spouse seeking a divorce will need to provide one of a limited list of acceptable reasons to end the covenant marriage. The reasons that the petitioner, or the spouse seeking the divorce, can be granted a divorce against the respondent include the following:

• The respondent has committed adultery;
• The respondent has committed a felony and has been sentenced to death or imprisonment; 
• The respondent has abandoned the home and refuses to return for at least one year;
• The respondent has physically or sexually abused the petitioner, their child, or a relative, or committed domestic violence
• The spouses have been living separately for at least two years;
• The spouses have been living separately for at least one year after being granted a legal separation.
• The respondent has regularly abused drugs or alcohol; and
• The spouses both agree to a divorce. 

As you can see, not all of these reasons are clear-cut, meaning your fate could be based on a judge’s opinion of your deeply personal situation. While it should be simple enough to track down evidence of a spouse’s felony conviction, proving that they cheated or were sexually abusive can be much more difficult. The judge could also disagree with your standards for abandonment and regular substance abuse. As sure as you may be about your relationship, it can be easier to keep the option of no-fault divorce available in case the worst ever occurs. Have more questions about covenant marriage divorce and legal separation in Arizona? Schedule your free consultation with our Phoenix and Tucson family law firm today at 480-263-1699. 

Let Our Family Law Team Walk You Through The No-Fault Divorce Process

With Arizona’s mandatory 60-day waiting period for divorce, filing now could even be too late if you plan to rely on a no-fault filing. While countless politicians over the years have undoubtedly benefited from no-fault divorce, it could be at risk with recent political changes. If you haven’t been keeping careful records of your spouse’s misbehavior throughout your marriage, it would become complicated to prove these allegations in a court of law if the need ever arose. Divorce is already enough drama without proving to the court who is to blame for a marriage’s demise, and it has little bearing on how the issues are resolved. Your focus should instead be on your goals for property division, spousal maintenance, child custody, and child support. Let our team make this easier for you by serving as your legal advisor and counsel throughout your Arizona family law matter. To schedule your free consultation by phone today, call 480-263-1699.