Divorce
and Legal Separation
Divorce
If you’re looking for
an Arizona divorce lawyer, then you’re likely going through one of
the most emotional and stressful times in your life. The decision to
file for divorce is a difficult one, and you may be required to make
painful legal and financial decisions that will impact your
financial security, your children’s lives, your income and other
aspects of your lifestyle. It is extremely important to know what you can
expect before you begin initiating divorce proceedings.
What is a Divorce?
Simply put, a divorce
refers to the legal dissolution of a marriage by a court procedure,
while factoring in child support and custody, division of community
property and debt, and if applicable, determination of spousal
maintenance or alimony. In Arizona, a court will accept a divorce
case only if one of the residents has been a domiciled resident of
Arizona for at least 90 days before filing the petition for divorce,
or was stationed in Arizona while in military service, for a minimum
of 90 days before filing the divorce petition.
Grounds for Filing a Divorce in Arizona
With the exception of
a covenant marriage, Arizona is considered a “no fault” state. A
party to a marriage may simply allege that the marriage is
irretrievably broken and move forward toward a divorce.
On rare occasions,
the parties may belong to a covenant marriage. Under this
circumstance, the grounds for divorce are dictated by
Arizona Revised Statue §25-903.
Legal Separation
A legal separation is
very similar to a dissolution of marriage or divorce, except that
the partners cannot marry again. Every other aspect of a legal
separation may be very similar to a divorce in terms of child
support and custody, spousal maintenance, and the disposition of the
property.
A court may agree to a legal separation if:
-
Residency
requirements are met. One of the parties must have either lived
in Arizona, or been stationed here as a member of the military
for a period of ninety days before filing the petition for
divorce;
-
Conciliation
provisions laid out in Arizona Revised Statutes are not met or
don’t apply;
-
The marriage is
irretrievably broken, or both parties express a desire to live
separately;
-
Both parties
agree to a legal separation.
Spousal
Maintenance/Alimony
In a marriage, one
spouse frequently makes sacrifices for the benefit of the marriage
that can have an adverse impact on that spouse’s ability to support
him or herself. There may be other facts that might make it
difficult for a spouse to support him or herself in the case of
divorce. Under such circumstances, an award of spousal maintenance,
or alimony might be awarded to that spouse. These circumstances and
factors are outlined in
Arizona Revised Statute §25-319.
Spousal maintenance
may be granted to a spouse if he/she:
-
Lacks sufficient
property to provide for reasonable needs;
-
Lacks sufficient
means of employment to take care of reasonable needs;
-
Partners have
been married for many years;
-
The partner, who
is petitioning for maintenance, paid for the educational
expenses of spouse.
The amount of spousal
maintenance can depend on:
-
The kind of
lifestyle established during the marriage;
-
Duration of the
marriage;
-
Age, earning
capacity, employment history and physical and mental condition
of spouse seeking alimony;
-
Whether the
spouse being petitioned can meet both spousal maintenance, as
well as their own personal financial needs;
-
Whether the
spouse seeking maintenance contributed to the earning capacity
of the other
-
Whether the
career or income opportunities of the spouse seeking maintenance
were reduced for the benefit of the other;
-
Ability of both
parties to contribute to their children’s future educational
needs;
-
Any excessive
expenditure on part of one partner;
-
Whether one of
the parties concealed community property.
Arizona Divorce and Legal Separation
Resources
Pamphlet by Family Court Department of the Superior
Court of Arizona giving an overview of Family Court and the services
provided.
The Superior Court of Arizona, Maricopa County Family
Court web site.
The Superior Court of Arizona, Maricopa County
Self-Service Center
AZLawhelp
Social Security Benefits for Divorced Spouses
Family Lawyer's
Assistance Project (FLAP)
201 W. Jefferson, 6th Fl.
Phoenix, AZ 85003
Phone: (602) 506-7948
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