What could be more romantic than getting married on Valentine’s Day? Apparently, many things, because couples who get married on special holidays like Valentine’s Day are 18-36% more likely to get divorced than couples who get married on any other day of the year. So if you’re thinking of making your wedding an extra special occasion by holding it on a holiday, you may want to stop and reconsider. If you’ve fallen victim to the phenomenon of couples who marry on Valentine’s Day getting divorced, you should speak with a lawyer about your rights and options throughout the divorce process. Get started today with your free consultation by phone at 480-263-1699.
Getting married isn’t an instantaneous process in Arizona, and neither is getting divorced. You shouldn’t enter the divorce process with the goal of being legally divorced by a certain date, because unexpected issues can arise throughout your case. In fact, you can always count on a divorce in Arizona lasting at least 60 days. This is codified into law by A.R.S. § 25-329. If you want to get divorced quickly, you should begin preparing your petition for service of process sooner rather than later.
There are several selections you will need to make when you initiate the divorce process with your petition for dissolution of marriage. One of them is choosing a cause for the divorce. Arizona is a no-fault divorce state, and that is the option most divorcing spouses choose. Even if there was a factor like infidelity or abuse present, no-fault divorce allows the spouses to go their own ways without proving why they should be given that right in court. Unless you are in a covenant marriage, no-fault divorce is usually the way to go.
After filing your petition in court, it must be served upon your spouse by a licensed process server or sheriff’s deputy. If your spouse lives in state, they will have 20 days to file a response. If they live out of state, they will have 30 days. You and your spouse can attempt to negotiate a settlement agreement during that time. Collaborative Divorce can be especially beneficial in these negotiations, as it allows both parties to work together in a structured environment to reach mutually agreeable terms without the adversarial nature of a courtroom battle. If your spouse fails to respond by the applicable deadline, you can proceed with the default divorce process.
When two spouses get divorced, they need to split their assets and debts through a process called property division. States largely follow one of two doctrines; equitable division and community property. Arizona is a community property state. In community property states, everything acquired during the marriage is considered to belong equally to both spouses. So if one spouse is a higher earner and saves a large retirement fund in their 401(k), it will need to be split with their spouse in divorce using a QDRO, or Qualified Domestic Relations Order. If one spouse develops a gambling problem and amasses thousands in debt, the other spouse could be held responsible for half if they were to get divorced.
Family money can complicate divorces, but it’s technically not up for grabs in a community property state divorce. Property acquired by gift or inheritance, even during the marriage, is separate property in Arizona. However, commingling can occur with separate and community property assets that can be expensive and time-consuming to detangle during a divorce. For example, let’s say one spouse inherited a home during the marriage, but paid for upkeep and improvements with community property funds. This would be a commingled asset that requires tracing if the couple were ever to get divorced.
Like all other issues in divorce, property division doesn’t need to proceed according to state law if the spouses can resolve the matter without bringing it before a judge. When spouses reach a settlement agreement, they can go by state law or use any other reasoning to split their property. This means that there is potential for high value during the negotiation process. It can be uncomfortable to go back and forth with your ex over financial issues, and you may already be at a disadvantage if they have retained an attorney. You can retain your own divorce lawyer to ensure that you receive a fair outcome in all the relevant issues in your divorce. To schedule your free consultation with a dedicated member of our Arizona family law team, call 480-263-1699.
If you have children under the age of 18 in common with your spouse, child custody will need to be addressed during your divorce. In Arizona, there are two branches of custody; parenting time and legal decision-making. Parenting time is sometimes referred to as physical custody, and refers to the time actually spent with each parent. Legal decision-making is also called legal custody, and refers to a parent’s right to make important decisions for their child. A parent can maintain legal custody while the child is in the other parent’s physical custody. Many parents choose to share legal decision-making authority, with special provisions for certain situations or emergencies when the other parent can’t be reached. In Arizona, the preference is for the child to have equal, or as close to equal as possible, time with each parent. This might not work for some people’s schedules, like if they work long hours or travel for business frequently. As long as the parent has scheduled unsupervised regular time with their child, the parents are usually considered to have joint custody. When only one parent has these rights and responsibilities, it is called sole custody.
Joint custody is what is best for the child when both parents make an earnest effort to do right by their child. Unfortunately, this isn’t always the case. The judge assigned to the case can always deviate from 50/50 custody if that is what would be in the child’s best interest. Arizona family attorneys can help you understand the factors deemed relevant to a child’s best interests under Arizona law, specifically in A.R.S. § 25-403. But achieving a result other than 50/50 custody when the other parent opposes it will need to be supported by clear and convincing evidence. Some of the evidence that can become relevant in custody matters includes:
Time with your child is invaluable, but it also can affect child support calculations. Child support is typically based on the parents’ incomes and how much parenting time each has, although other special factors can be considered as well. This makes physical custody an increasingly tense situation. This is not the type of matter you want to take into your own hands unless you have extensive legal experience. Want to learn more about your options and speak to an attorney about what types of strategies they would have for your unique case? Schedule your free consultation with our Arizona family law team today at 480-263-1699.
Oftentimes, a divorce filing is followed by other issues like custody disputes, child support modifications, and more. If you want a lawyer you can count on again and again to deliver positive results for your family, look no further than My AZ Lawyers. We are passionate about fighting for our clients’ rights and creating the legal groundwork for happy households. Schedule your free consultation by phone today at 480-263-1699.
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