Nobody enters marriage with the intent of getting a divorce. However, some relationships simply cannot continue because of the differences between spouses. Getting divorced in Arizona can either be straightforward, or it can be complicated. It depends on the issues that need to be resolved before a couple can dissolve their marriage.
Under Arizona law, one of the parties in a divorce in Arizona needs to reside in the state for at least 90 days prior to filing the petition for dissolution of marriage. For a court to grant a divorce in Arizona, it must find that the marriage is irretrievably broken, which is “a determination that there is no reasonable prospect of reconciliation.”
Are you going through a divorce in the Glendale area? The divorce lawyers of Mushkatel, Robbins & Becker, PLLC are here to provide you with compassionate, qualified legal counsel during this challenging time. It is our goal to advise you of all of your legal options and help you to achieve the most desirable resolution. You can have our Glendale, Arizona attorneys provide an honest and thorough evaluation of your case as soon as you call or reach us online for a free consultation.
How a Divorce Attorney in Arizona Can Help You
The attorneys of Mushkatel, Robbins & Becker, PLLC are here to represent you and your interests during the divorce process. We will make sure that your voice is heard and that you retain what matters most to you. We know that your children, your finances and your property are vital considerations. We will aggressively seek the best resolution for your situation.
Our law firm understands that many divorces can become heated debates between spouses. Our lawyers can step in to provide a calm and stable voice in discussions about your divorce. We can also handle all of the technical aspects of your divorce from start to finish.
Questions to Ask Before Getting a Divorce
You should definitely give appropriate thought to all aspects of a divorce before pursuing this option. Some of the questions you should ask yourself include:
- Is there any prospect of reconciliation?
- Where will you live after you separate from your spouse?
- Which spouse will take care of your children?
- Are you prepared to open separate accounts (checking, savings, credit)?
If you are prepared to go through with a divorce, an attorney from our law firm can help you to understand the legal ramifications of separation and divorce.
What Are the Requirements for Filing for Divorce?
Under Arizona law, Arizona is considered a “no-fault” state when it comes to divorce. A person seeking a divorce is not required to provide any grounds for the dissolution of marriage other than the marriage being irretrievably broken. However, a husband and wife who have entered into a covenant marriage cannot terminate their marriage without establishing grounds for the divorce. If you are in a covenant marriage, you would need to show that the other spouse did one or more of the following:
- Agreed to a dissolution of marriage
- Committed adultery
- Habitually abused drugs or alcohol
- Committed a felony and has been sentenced to death or imprisonment
- Abandoned the matrimonial domicile for at least one year before you filed for dissolution of the marriage
- Physically or sexually abused you, your child or any other relative permanently living in the matrimonial domicile, or committed domestic violence or emotional abuse
- Lived separate and apart from you continuously without reconciliation for at least two years before you filed for dissolution of the marriage
- Lived separate and apart from you continuously without reconciliation for at least one year from the date that a decree of legal separation was entered.
Once you file a petition for dissolution of marriage, you must serve copies of all of the papers on your spouse unless service is waived in writing and filed with the court. Your spouse will have 20 days after being served in Arizona (or 30 days if served outside of Arizona) in which to respond to the petition.
If your spouse fails to file a response within the specified time limit, you can apply for a default. When a request for default is filed, your spouse will have only 10 days to file a response, or the divorce can be granted under your terms.
Do I Need a Reason to File for Divorce?
As a no-fault state, Arizona does not require a person to have a definable reason for ending a marriage. A court can enter a decree of dissolution of marriage when it finds each of the following (again, unless it is a covenant marriage):
- One of the parties was domiciled in Arizona for 90 days prior to the filing of the petition for dissolution of marriage.
- You have complied with Arizona’s conciliation provisions.
- The marriage is irretrievably broken.
- The court has approved and made provisions for child custody, child support, the maintenance of either spouse and the disposition of community property.
If one of the spouses denies under oath or affirmation that the marriage is irretrievably broken, the court must hold a hearing to consider all relevant factors as to the prospect of reconciliation. The court will then either make a finding as to whether or not the marriage is irretrievably broken, or it will continue the matter for another hearing not more than 60 days later.
Get Help from a Glendale Divorce Attorney Today
If you are preparing to file for divorce in Glendale or a surrounding community in Arizona, do not underestimate the importance of having legal counsel on your side. An experienced attorney will meet with you and take the time to understand your situation and your personal goals. The attorney will advise you of your legal options and develop a plan to obtain the best possible resolution on your behalf. The Glendale divorce attorneys of Mushkatel, Robbins & Becker, PLLC can handle all of the technical aspects of your case and negotiate with your spouse or (or the spouse’s lawyer) to achieve a workable resolution. Contact us today to learn more.