Divorce papers in Arizona — filing for divorce in AZ

Online divorce in Arizona

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How to get divorce in Arizona

The information below will help understand more about the divorce in Arizona. 

The common steps of how to get divorce in Arizona:

1

The marriage has to be made in accordance with the laws of Arizona.

2

The interested parties must comply with the rules of residence.

3

The interested person must have the reasons provided by the state, on the basis of which he or she wants to apply for a divorce in Arizona.

4

If the interested parties has underage children or common property, then they must agree on who will be the main guardian and on which parts the property will be shared. If the interested person applying for alimony, he or she must also come with the spouse to agree on this issue. If interested parties can not independently settle their disputes, then the court will make decisions at the court hearings regarding the issues listed above.

5

The interested parties have to fill out Arizona divorce papers and file them in the court.

6

Once the interested party prepared all the documents, they need to register them in court, after which send a few copies to the spouse and wait for the court's decision regarding the divorce.

Residency:

In case if the interested party wants to get divorce in the State of Arizona, at least one of the spouses should be the residences of the state during 3 months (90 days). The divorce proceedings will only begin after the expiration of 60 days after the filing of documents to the court.

Covenant Marriage

In Arizona there is a special type of marriage, which is called the covenant marriage . It does not replace ordinary marriages, but it serves as an additional option if the couple wants to create a family. The peculiarity of this marriage is that the couple must attend marriage counselors, family psychologists or representatives of the clergy. If interested parties want to terminate the marriage of the covenant, theu are obliged to provide evidence to the court that you tried to save their marriage by attracting specialists to resolve differences, but this was unsuccessful. If the interested parties are already in a normal marriage, but want to transfer it to the covenant marriage, they can do this by paying certain fees, as well as file special declarations.

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Valid grounds to get divorce in Arizona

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In the state of Arizona no-fault grounds are recognized as a reasons for marriage termination. It means that the interested parties do not need to prove the fault of their spouses, they claim that the marriage is irretrievably broken.
However, if spouses are in covenant marriage, then they must provide more valid reasons for which they want to dissolve the marriage. In this case, the following grounds are recognized for divorce in Arizona
:

#1

If one of the spouses has committed adultery, while he or she was in the covenant marriage;

#2

If one of the spouses committed a crime while he or she was in a marriage, after which he or she was sentenced to imprisonment or death penalty;

#3

If one of the spouses refuses to fulfill their marital obligations no more than 1 year before the application is submitted to the court;

#4

If one of the spouses showed a cruel treatment towards the second spouse or child;

#5

If the spouses live separately for at least 2 years prior to the filing of the application to the court;

#6

Spouses have a legal separation and live together for at least 1 year;

#7

One of the spouses has problems with alcohol or drug addiction;

Note that if the marriage is terminated on the fault basis,the interested parties must indicate them in the divorce form documents, and also provide evidence to the court that the spouse is guilty in breaking the marriage.

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Annulment of the marriage in Arizona

Annulment is not applicable for all marriages, but only for those which are not recognized by Arizona law.
In order to recognize the marriage as void, there must be a following grounds
:

  • Bigamy. One of the spouses was already in legal marriage (which is not yet dissolved) at the time of the wedding ceremony;
  • Spouses are blood relatives to each other;
  • At the time of marriage, one of the spouses was an underage, neither the parent nor the court gave their permission to marry;
  • One of the spouses was not present at the ceremony at the time of marriage;
  • Spouses did not receive from the court a license for the conclusion of the marriage;
  • One of the spouses force or fraudulently forced the second spouse to marry;
  • Spouses did not have sexual relations with each other during this marriage;
  • One of the spouses was going to evade the implementation of marriage agreements;
  • One of the spouses hid his or her current marital status or features of religion;
  • One of the spouses was in such a mental state that he or she did not allow him or her to give his or her consent to the marriage;

If there are underage children in the marriage, then after the annulment it will be necessary to undergo the procedure of establishing the paternity, because the marriage is being invalidated, it is also expected that the children were born out of wedlock. It is possible file a petition for the establishment of a paternity together with the divorce form documents. After the paternity have been identified, the interested parties have the right to demand financial support from their spouses for the child.
In case of along-term marriage, the interested person will not need to establish the paternity of children after the divorce in Arizona. There is a petition, called a presumption of paternity that has a place to be when:
:

  • The spouses were married 10 months before the birth of the child; or the child was born within 10 months after the marriage was completed by divorce, death or annulment;
  • The genetic test confirms paternity by 95%;
  • The birth certificate is written by two spouses or is notarized;
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Custody of the child in Arizona

Custody of the child

The courts of Arizona award custody, based on the best interests of the child, to provide him or her with the most comfortable environment after the parents' divorce in Arizona.

The court can award either individual or joint custody of parents over the child. The decision on joint custody is taken if this is the best option for raising a child, as well as both spouses are in agreement.

The court also gives the right to grandparents to visit their grandchildren.

On the court's decision regarding children custody in the state of Arizona following factors affect:

  • The conditions of the child's maintenance: both physical and psycho-emotional;
  • The existence of a fact of domestic violence or the harsh treatment of a child;
  • The ability of the child to adapt to the new environment;
  • The parents' desire for custody;
  • The child's needs for education, as well as his level of health;

Rules for child support in Arizona

The state of Arizona is interested in providing the necessary support to the child, as well as is responsible for their implementation, for this Arizona has special rule for the child support work in every case.
In order to calculate the amount of financial support for a child, the court uses the Income Shares Model. If none of the parents requested support for the child, then the court can independently decide on this if it considers support is appropriated. The court's decision on the amount of support will be made on the basis of various factors that took place in the life of the child. For example
:

  • The child's financial needs;
  • The financial capacity of a parent who has the advantage of custody;
  • The standard of living of the child during the marriage of the parents;
  • The level of the child's physical, mental and emotional state;
  • The child's need for education;
  • The financial capacity of a parent who does not have custody;
  • The level of medical care for the child, his or her insurance;
  • Costs that need for raising a child;

Financial support for the child will continue until he or she reaches the age of 18 or until he or she graduates from high school.

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Rules for spousal support in Arizona

Rules for spousal support

If the interested parties are getting a divorce in Arizona, the court may order one of the spouses to make financial compensation to another spouse. This is called alimony. Alimony can be of several types. Temporary alimony - the amount that is made out as a first aid to the spouse for a limited time. Alimony, which is paid to the spouse until the divorce is yet formally - to cover the litigation. Permanent alimony - the amount paid to the spouse for life or until he or she engages in another marriage.

The following factors can affect on the positive decision about alimony and its sum:

1) Lack of property from a spouse who needs financial support;

2) The spouse who applies for alimony is the guardian of the child and does not have the opportunity to go to work;

3) The extent to which each of the spouses was in the education of each other;

4) The duration of the marriage;

5) The age, physical, mental and emotional state of the spouses;

6) The living standard of the spouses while they were married;

7) The history of employment and the opportunity to earn of each of the spouses;

8) The time required for a spouse who asks for financial support to obtain the necessary skills so that he or she can support herself;

9) The contribution of each spouse to the construction of family relations;

Property division in Arizona

Property division

The law in Arizona obliges the spouses to divide among themselves all the assets, liabilities and real estate that was acquired during the marriage and had the status of a general. Arizona does not require all property to be divided strictly in half, but the division must be justifiable. If the interested person can not come with a spouse to a certain decision, then the court will share the common property instead of the interested person. In order for the decision to be fair and accurate, the spouses are required to list in the Arizona divorce papers absolutely all the property ehty own, including debt obligations.

All property acquired by spouses in a marriage is considered common under law of the state.

Divorce without a lawyer in Arizona

If the interested person applies for a divorce in Arizona, it is possible to get it without the services of a lawyer. Depending on which county the spouses living, the process of divorce in the state of Arizona can vary.

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Mediation support in Arizona

In the state of Arizona, the spouses can use the services of mediators in case if they want or by court's order if the minor children are involved in the divorce.

Divorce forms in Arizona

Documents that has to be applied for divorce will depend on the spouses' individual circumstances, as well as from the courts in which county they are reside. You can find them on the Internet, or use services like OnlineDivorce.

Uncontested divorce in Arizona

Uncontested divorce in Arizona

In Arizona it is possible to issue a ‘contested’ or ‘uncontested’ divorce. Uncontested divorce means that the spouses are voluntarily agree to terminate their marriage, as well as they have decided on the custody of minor children, financial support for the spouse and child and the division of property. That is, the spouses do not have any disputable points when dissolving theit marriage.

If the interested person can not come to an agreement with his or her spouse and he or she have controversial questions, or if either one of sposes does not want to dissolve the marriage, then the court will hold a series of hearings on the basis of which judge will make a fair decision regarding divorce, division of property, custody of child and the award of child support or financial support. This type of divorce in Arizona will be called ‘uncontested’.

How to serve divorce papers in Arizona

If the interested parties decide to apply for a divorce in Arizona, then by law tehy must provide copies of all the divorce form documents to their spouses. Arizona gives 120 days from the filing of documents to the court to notify the spouse of the beginning of the divorce.
State law does not allow spouses to serve Arizona divorce paper to each other directly or by mail. The interested party is required to use the services of serve or ask the sheriff to notify your spouse.
After the spouse provide the other spouse with the documents, he or she will need to wait at least 60 days.

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Filing fees for divorce in Arizona

Total fees will contain sum of Arizona court filing fees and cost of using the service of online divorce in Arizona. This cost may vary by county. It is possible to check with local court officer to determine the exact amount.