Arizona Divorce Lawyers | Child Custody | Division of Property

About Arizona Divorce 

Some things you should know about divorce in Arizona.

At least one of the parties involved must have established residency in the state of Arizona for at least 90 days.

Arizona is a no-fault divorce state.  The only exception is that of a “covenant marriage” in which there need to be grounds for divorce such as adultery.

The difference between a legal separation and a divorce
Unlike divorce, a legal separation does not put an end to the marriage. During a legal separation, you have a court order that outlines the rights and responsibilities of each spouse while they are living apart. You remain legally married while choosing to live separate lives. Issues that can be addressed in a separation agreement are division of assets and debts, child custody and child support, visitation schedules and spousal support.
The same issues addressed during the divorce process are also addressed in a legal separation agreement.

A legal separation can protect your interests until the decision is made to file for divorce. The separation agreement also sets a precedent for the divorce that may follow. If you divorce after a separation and your case goes to court, a judge is likely to assume that since you were satisfied with the legal separation agreement, the agreement should carry over to the divorce settlement agreement. For that reason, it is important that you come to a separation agreement you can live with long term.
Although a legal separation and divorce have, many things in common there are some advantages to obtaining a legal separation rather than a divorce. Those advantages include:

1. It allows couples time apart, away from the conflict of the marriage to decide if divorce is what they truly want.
2. It allows for the retention of medical benefits and certain other benefits that divorce would bring to an end.
3. If your religious beliefs conflict with the idea of divorce, you are able to live separately and retain your marital status for religious beliefs.
4. If you are a military spouse, you may wish to remain married for 10 years so that you can take advantage of benefits set up by the Uniformed Services Former Spouse Protection Act.
5. Remaining married for 10 years or more also means being able to take advantage of certain social security benefits for a spouse.
6. You will be allowed to file taxes jointly while legally separated which will mean positive tax benefits for both spouses.
7. If the decision to divorce is made, the legal separation agreement can be converted into a divorce settlement agreement.

A divorce, sometimes called a decree of "dissolution of marriage", is a court order terminating a marriage. It no longer exists. Unlike an annulment, which states that the marriage never existed, a divorce is the termination of a valid marriage.

There are two kinds of divorce cases, uncontested (where the parties resolve all issues) and contested (the court resolves the issues).

A divorce is uncontested when the partners seeking to terminate their marriage agree on each and every item and issue related to the ending of their marriage. This does not necessarily mean that the divorce is amicable, but merely that all disputes between husband and wife were resolved outside of the courtroom.

Uncontested divorce is the way most people divorce.  An uncontested divorce is usually the preferred situation for the parties involved. The process is more time efficient and much less costly than litigation. Also, it offers you and your spouse the chance to end your marriage quietly and with dignity.

A contested divorce is one in which the husband and wife cannot come to an agreement on one or several issues related to the termination of their marriage. Where the partners cannot come to an agreement, even with the aid of their respective counsels, the couple must then take their issue(s) to a court to be decided.

Contested divorces are a common scenario, given that there are numerous issues to be worked out between a couple that have decided to break their union. Some of these issues are sensitive subjects such as:

• Custody of children and child support
• Division of assets and property
• Allocation of debts
• Alimony