It’s easy to find extensive information about anyone using the Internet these days. You can find out a person’s career history on LinkedIn, how much their home cost on Zillow, and if they’re active on social media, every detail of their personal life on Facebook, Instagram, and more. But most people are only sharing details about positive aspects of their lives, and would rather keep the sensitive and negative things private. One way for private matters to be dragged into a public arena is when the court becomes involved. Many types of legal matters can bring deeply personal information out into the open, and easily accessible on the court docket. Divorce is one of those legal matters, despite its deeply personal nature. Read on to learn more about which information may become publicly available if you get divorced in the state of Arizona. If you’re seeking a free consultation with an experienced divorce lawyer in the Phoenix or Tucson area, call 480-680-9126 today.
While some states allow spouses to file a joint divorce petition together, Arizona requires that one spouse, the petitioner, file the petition and serve it upon the other spouse, or the respondent. One of the pieces of information that must be included in the petition is the grounds for divorce. The grounds, or cause, for divorce selected can impact how the divorce proceeds. Arizona is a no-fault divorce state, so any marriage that is considered “irretrievably broken” can be dissolved. In some areas, a spouse may have to prove abandonment, abuse, etc. to be granted a divorce. While some spouses may feel resentful during the divorce process and want the true reason behind the breakup out in the open, no-fault divorce makes divorce less burdensome on the spouses and the court system. Courts lack the time and resources to hash out personal issues, and “irreconcilable differences” covers a wide variety of situations leading to divorce. Because it is so vague, it gives strangers less information about the spouses’ personal issues, such as infidelity or substance abuse.
There is an exception to no-fault divorce in Arizona. Arizona is one of the three states in the country to allow spouses to marry through covenant marriage. Spouses are required to complete pre-marital counseling to wed through covenant marriage. They must include a declaration in their marriage license application attesting that they have completed the counseling and intend to enter a covenant marriage. Spouses in a covenant marriage can’t use irreconcilable differences as the grounds for a divorce petition. When two spouses are in a covenant marriage, the judge assigned to the case will only grant a divorce on limited grounds, including:
Certain documents in a divorce can become public record, which can become embarrassing or even dangerous for the spouses. Anyone can request access to a divorce petition, a response to a petition, parenting plans, financial affidavits, and more. It’s not hard to imagine how someone with bad intentions could use this information against a spouse going through a divorce. In some instances, the court may grant a request to seal the divorce record to protect one or both spouses’ privacy, including details about spousal support. The court doesn’t do this automatically—the petitioner or respondent should file a motion explaining the reasoning behind the request, and provide any evidence possible supporting these claims. Examples of evidence that could be relevant here include letters from school or mental health providers, police reports, etc.
When one party files a motion to seal divorce records in Arizona, the other party will have a chance to respond, and potentially challenge sealing the record. They can present evidence supporting their position at a hearing on the matter. One way a spouse can increase their odds of success when filing a motion to seal divorce records is by framing the request narrowly. The judge is more likely to grant a request to seal just a few documents or redact certain personal information rather than seal the entire record. So while this is an option for a spouse whose divorce is public record, it is also a limited procedure, and the outcome might not align with the party’s wishes.
In many types of legal matters, it is preferable for the parties to settle out of court rather than let their dispute proceed to trial. There are many risks associated with taking a case to trial. The judge might not rule how the parties’ lawyers expect, and the ruling could result in both of them being dissatisfied. Reaching a settlement out of court allows the parties to maintain more control over their case’s outcome. Going to trial can take several months, which means several months of racking up attorney’s fees by the hour. There are also more court fees associated with going to trial, and in a divorce, one spouse could end up being held responsible for the other spouse’s legal fees. Having a divorce delayed by hearings and other court procedures could keep the spouses from pursuing other opportunities and legal procedures, such as filing for bankruptcy. But here, one of the most relevant factors making settlement more appealing is increased privacy. The spouses have fewer documents to file with the court when they divorce by consent decree instead of by trial. This means fewer documents with personal information becoming public record.
Even if maintaining privacy is in both parties’ best interests, it can be difficult to reach a settlement agreement in a highly contested divorce. It often requires a skilled negotiator to reach an agreement favorable for a spouse going through divorce, especially if the other party is represented by counsel. If you want an experienced legal professional’s opinion of your case, our firm is prepared to assist, offering free consultations by phone. Schedule yours today by calling 480-680-9126.
Going through any type of legal matter is a stressful experience, and it is hard to maintain the right state of mind for negotiation and trial during difficult times. A divorce attorney will take the legal aspects of divorce off your plate so you can focus on your emotional well-being moving forward. Divorce can also be an expensive time, so our firm strives to offer competitive rates and make retaining quality legal representation more affordable for Arizona families. We can help you maintain privacy and achieve other goals throughout a divorce. Learn more about the benefits of retaining reputable legal counsel for your divorce by scheduling your free consultation with AZ Family Law Lawyers. Get started today by calling 480-680-9126.
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