Arizona divorce details
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Uncontested vs Contested Divorce in Arizona
An uncontested divorce is the termination of a marriage wherein both parties have agreed to end their relationship legally, with no quarrels or hard trial process. The spouses sign a Settlement which shows that they have no claims to each other. On the contrary, a contested divorce is much longer and much more complicated than its uncontested counterpart. You may need an attorney to organize the whole process, and they typically charge around $500 per hour. If you decide to use the help of an attorney, you will also pay for the papers. Contested divorces are undoubtedly longer than uncontested ones because they involve court hearings, mediation processes, etc. Regarding the legislation of Arizona, an uncontested (No-Fault) divorce is preferable and is viewed more favorably from the side of the court. Every case is different, and sometimes agreements just can’t be reached outside the court, but one thing is for sure – uncontested divorces take less time and money for both participating spouses.
Uncontested Divorce in Arizona
Since the uncontested divorce does not need any provings of the divorce grounds, the spouses can feel themselves confident that nobody will reveal the true divorce grounds. Here are the main grounds for the uncontested divorce in Arizona:
- One of the spouses committed adultery
- One of the spouses committed a violent act towards another spouse
- One of the spouses is currently in prison
- One of the spouses is a habitual drug user/alcoholic
In fact, neither you nor your spouse tells the court about the grounds of the divorce, if you want an uncontested divorce. As a rule, a waiting period for the uncontested divorce in Arizona is minimum 60 days if everything is in order. The spouses should terminate their common cohabitation at least 60 days before they are going to divorce. This rule is also really strict, and if the couple doesn’t follow the regulations, the court will unlikely grant them the Divorce Decree easily.
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Residency Requirements to file for the divorce in Arizona
In the Arizona State, the residency requirements are as follows:
- One of the spouses must definitely be a resident of the Arizona State for a minimum 90 days
- If the couple has children, the term of the residency in Arizona increases to 6 months
- If one of the spouses at the moment is not living in the Arizona State, he/she must sign all the divorce papers in a 21-day term. The Arizona Family Law establishes a special kit of various papers for the child custody/visitation, spousal support, etc. The spouses should also follow the provided rules not to have a rejection from the court.
How to file for an Uncontested Divorce in Arizona?
If you keep the residency requirements and in total following rules, you can file for the uncontested divorce in an easy way, such as the following one:
- Fill out your documents for the court
- Serve your spouse with all the documents
- Wait for 60 days after providing your spouse with everything needed to file with the court
- Schedule the court hearing ( as a rule the court appoints the hearing)
- Get a final Divorce Decree
The whole procedure will take lots of energy and skills, so the best variant that will simplify the whole process is to prepare all the documents online. We will speak about this issue later.
Do-It-Yourself Divorce in Arizona
Do It Yourself divorce is a really interesting procedure because you do not rely on anybody. You represent yourself in court, prepare the documents by yourself, serve your spouse, etc. Such a way of the divorce is rather cheap because you do not spend money on help from an attorney or the Sheriff to deliver the documents to your spouse. However, you may have several troubles with the organization of the divorce, because you or your spouse are not the professionals in this area and can make lots of mistakes. Each state has its peculiarities and special requirements, so be sure that you are prepared for them. The DIY divorce is a good idea if you realize that both you and your spouse are responsible for the whole divorce procedure.
How much does an Uncontested Divorce cost in Arizona
The average fee for the uncontested divorce in Arizona is $13,500 including all the expenses. It does not only include the cost of the attorney, that can change according to the skills and working experience of the particular lawyer. The cost of the divorce can also vary, regarding the number of children, for instance, it is clear that you will pay less for the divorce without children at all or with minor children. To the true cost of the divorce proceeding, you can add the fee for the spousal/child support. In total it will be a good round sum of money. If you prepare the documents for the court online, you will pay for the preparation of the documents just $149. You can compare this price and the attorney’s fee. The total difference in cost will significantly surprise you.
How Long Does It Take to Get Divorced in Arizona?
Actually, the uncontested divorce in Arizona can be from 10 days till 6 months. The number of items influence on it. Unlike the uncontested divorce, a contested one is much longer. It can take place during 1.5 year. Everything depends on your case issues and the decision of the court. If you order the preparation of the documents online, you will save thousands of dollars just because there is no risk of a mistake and you will get 100% approval by the court.
How to serve your spouse in Arizona
The process of the spousal serving includes several steps, let’s discuss all of them.
- You can serve your spouse by yourself or, in other words, by the service of acceptance.
- You can send the documents to your spouse through the email or another certified service
- You can serve your spouse with the help of the Sheriff, who will deliver all the papers and take the Notice from your spouse, that the paper kit was delivered
- You can serve your spouse by the Publication if you do not know the current address of your spouse
- You can write a Motion for Alternative Service and, if the court allows, you will send the documents to your spouse in any other way
All these methods are recognized in the Arizona State by the government and are absolutely legal.
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Papers and Documents You Need to Get a Divorce in Arizona
The most popular documents for the divorce in Arizona are:
- Petition for the Divorce
- Acceptance of Service
- Affidavit of Service
- Application for Default
- Child Support Order
- Dissolution of Marriage
- Separation Agreement
- To Start The Divorce Process When No Minor Children Are Involved DRDA1i
- To Start The Divorce Process When No Minor Children Are Involved DRDA1f
- How to File Divorce Papers With the Court DRda10p
- Family Court/Sensitive Data Cover Sheet DRsds10f-a
- Preliminary Injunction dr14f
- Petition for Dissolution of Non-Covenant Marriage -
- Without Minor Children DRda10f
- Notice of Right to Convert Health Insurance DRd16f
- Notice Regarding Creditors DR16f
All these papers you might need in the court, but your case is strictly individual, so you have to use only the documents especially for your situation.
Online Divorce in Arizona
As we have already promised you, it is high time to speak about the online divorce. This divorce is rather new in the sphere, but it has already received a great popularity. You order the preparation of the documents for the court online and save lots of time and money. After the service order, you pay the fee for the preparation on our site, it is $149, and there are no other hidden prices. After that, you should wait for 1-2 days according to your case. Ready documents are usually sent to your email and you download them whenever you want. The whole proceeding requires no help from the attorney side, not help from other legal bodies. The online divorce gives you a possibility to prepare the documents without efforts and does everything on your behalf. You should try such a process and 100% you will get a court approval from the first time.
Rules for child support in Arizona
The child support is considered to be the hardest issue to regulate. Unfortunately, the parents seldom pay attention to the child’s behavior, while they are arguing and dividing the common property. So that, the children can have a psychological harm during the divorce process. The Supreme Court of the Arizona State acts for the convenience of the child only. There are two main types of child custody:
- A sole or individual custody
- A common custody
The sole custody happens only when one parent is responsible for the wellness of the child. Due to different factors, the parents sometimes can’t care for the child equally. A common custody means that both parents are able to support and visit the child. The amount of child support is generally regulated by the court. The court checks an amount of monthly income of both spouses, the tax rate of both spouses, living conditions of both parents, etc. Only after the detailed examination, the court can make a decent decision regarding the child support.
Rules for spousal support in Arizona
The spousal support or alimony is the sum of money that one spouse gives to another one after the divorce process. In Arizona, the second name of the alimony is spousal maintenance. The court arranges a particular sum of money to one spouse due to the disability of another spouse to earn money. For example, it can be a mother with the child that is too small, or a physically disabled person. The court regulates main rules for spousal support as well. The judge in Arizona can grant a short-time alimony, pendente lite. It also depends on the final divorce decree. The couple may agree on a timely payment until the spouse who will be paid, does not find a job or another source of income. To have a bigger sum of spousal support, you need to provide the court with each document that proves the necessity of the spousal support in general.
Division of property in Arizona
As for the division of the property, there are two main types of the property in whole:
- A marital property
- An individual property
The individual property is not actually divided, but the marital one is divided into equal parts between the spouses. The items that may influence the property division are:
- The salary of both spouses
- The property or assets of both spouses
- The debts of both spouses
The couple should also agree on all the debt issues. It is not so easy as it seems to be. The common debts or marital debts are also divided. If the debt is not marital, but a separate one, the spouse whose debt it is, is entitled to return it. The court’s task is to divide the property really well (50/50), so each tiny detail can be crucial.
Divorce Mediation in Arizona
The mediation is the process, in which both spouses are trying to find a common language or solve all the issues regarding the basic issues of the divorce process.
There are many benefits of the mediation proceeding:
- The price of the mediation is rather inexpensive
- The process is really fast
- The whole atmosphere of the process in Informal
- It is completely safe and private
- It is regulated by the legal body (the lawyer and the mediator)
The court schedules the mediation, and both spouses come at the appointed time to the courtroom. Anyway, in Arizona, the mediation proceeding supports all the highly debated questions of the marriage termination.
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How to divorce a missing spouse in Arizona
First, to divorce a missing spouse, you have to inform him/her about the divorce proceeding. You can ask his/her friends about the location of the spouse, moreover, you may call the police and claim that your spouse is considered to be missed. Any data about the location of your spouse is valuable. Finally, you can announce in the newspapers that your spouse was missed and you did your best to find him/her. The court will assist you in the search process and provide you with the information about the spouse. In case, there is no evidence about the missing spouse the court will grant you the final decree without the missing spouse.
The Default Divorce in Arizona
The default divorce happens when one of the spouses fails to agree on the divorce procedure. If your spouse lives in Arizona, there are 20 days for him/her to answer the Petition or else your divorce is automatically considered to be a default one. Such type of the divorce is much longer and will need the help of the attorney, that makes it more expensive. After you serve your spouse with the Petition for Dissolution of Marriage, you have to wait for a 60-day period after which you will get a first court hearing of your default divorce. The preparation of the documents will take a lot of attention from you if you fill them, on your own, without the help of the lawyer.
Default vs No-Fault Divorce in Arizona
As we have already mentioned, there is only one difference between these two types of the divorce. It is the time and money consumed during the whole process. The No-Fault divorce can be really smooth one, but if the spouses perform all the residency requirements. The default divorce is much difficult. As the Arizona State. It is a priori a No-Fault state, the spouses, who are getting divorce amicably, have more liberties from the court than a couple with a default divorce.
How can I get a Default Divorce Hearing in Arizona?
When everything is ready for the divorce hearing, the spouses need to follow the next proceeding;
- After a "Petition for Dissolution of Marriage" is filed, the Petitioner has to serve another spouse with the documents for the court and in 20 days have a reply from his/her spouse
- After the rejection of the Petition, Petitioner has to complete the "Application and Affidavit of Default" and file it with the Clerk of the Court.
- When you file the "Application and Affidavit of Default" with the Clerk of the Court, you have to make two copies of the "Application and Affidavit of Default" stamped by the Clerk.
- You have to serve your spouse with the "Application and Affidavit of Default" within 10 days Stamping it by the Clerk
- If your spouse still ignoring your documents, you can fearlessly request a default hearing
The whole procedure can change if your spouse finally replies to you, but be sure you prepare all the documents clearly.
Annulment of the marriage in Arizona
The annulment in Arizona means that the spouses have never been married. There are several grounds for such an occasion:
- The marriage was conducted between parents and children
- One of the spouses was less 18 years old
- One of the spouses was over 65 years old
- The marriage was between two people of the same gender
- The marriage was a fraud
All these factors can cancel the legal marriage in the Arizona State, but you should remember, that the children born in such a marriage still should have a child custody and visitation, agreed with the court.
Legal Separation in Arizona
The Legal separation means that spouses don’t live together anymore, but they are still considered to be a legal couple. In Arizona, both spouses have to agree to the separation before a Divorce Decree will be provided. The spouses have to file either a "Petition for Legal Separation Without Children" or a "Petition for Legal Separation With Children" with the Superior Court of Arizona. The spouses also have to meet all the residency requirements of a 90-days term of living in Arizona, otherwise, the legal separation will be declined by the court.
The Same-Sex Divorce in Arizona
According to the legislation of the Arizona State, the same-sex marriages and divorces were eventually recognized in 2014. It means that Arizona same-sex couples have the same liabilities and rights as other citizens of this state. All the issues of the divorce as dividing the property, debts, custody, child visitation and others have to be confirmed and done. Nowadays, the same-sex divorces are absolutely equal to the traditional ones, so the couples have to follow the common rules.
Military Divorce in Arizona
For the first time, you have to serve your spouse with all the documents needed for the divorce. If he/she is serving overseas, you have to use the help of the Shariff help or send the documents via post or a certified email. If your spouse is in a foreign country, the court of Arizona has to confirm the delivery of the documents with The Hague Convention or international treaty.
How to divorce a spouse in a jail in Arizona
The divorce with a spouse, who is in jail nowadays, has the same rights and regulations as any other divorce process. You have to serve your spouse with the kit of the documents personally, by post, or with the Sheriff. All other steps you can see in the information given above.
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Divorce filing fee
Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Can a filing fee be waived?
You have to grant the Supreme Court an Application for Deferral or Waiver of Court Fees or Costs and Consent to Entry of Judgement. There will also be a packet of documents that you will attach to this document. The monthly income, future financial possibilities, etc, should be given to the court. After that, the court will decide whether to approve or reject your Application.
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