Everyone gets married with the idea of living happily ever after. Even with the best of intentions, not everyone gets a fairy tale ending to their marriage. When the unfortunate prospect of a divorce arises, it is important to understand your rights and the marriage dissolution process in Arizona. As expert Divorce Attorneys in Gilbert AZ we can help make this painful process as quick and easy as possible.
There are three major issues that need to be resolved in a typical Arizona divorce matter; the dissolution of the marriage, child custody / support issues and division of the community property and debt. Perhaps the easiest of these issues to resolve is the dissolution of the marriage itself. Arizona is a “no-fault” divorce state. Unlike many states, Arizona does not require a specific reason for one party seeking to have the marriage dissolved. Arizona judges do not need to make a finding as to why one or both parties want to be divorced. It is sufficient for one party to indicate their desire to be divorced and that the marriage is irretrievably broken. From a practical standpoint, most judges will not even listen to the reason(s) (i.e., infidelity, abandonment, etc.) for seeking the divorce because the reason is not relevant under Arizona law.
Although the specific reason for seeking a divorce is not necessary to obtain a divorce in Arizona, there are some specific requirements that the judge must make sure have been met before he or she can grant the divorce. The requirements are found in A.R.S. §25-312.
These findings include the following:
• At least one of the parties has to have lived in Arizona for at least 90 days prior to the date the divorce action is commenced. Military personnel who are stationed in Arizona can commence a dissolution matter after they have been stationed in the State for at least 90 days.
• That the parties are aware of Conciliation Services; a free service offered through the courts to try to help parties reconcile their marriage. The court must further find that the parties do not believe such services would help save the marriage.
• That the marriage is irretrievably broken
• The court must consider any custody, child support and spousal maintenance issues that may be present in the case.
If the court does not find that each of these requirements has been met, the court cannot take jurisdiction over the matter and the divorce cannot be granted.
Divorce proceedings are understandably emotional and painful for the parties and their children involved. If you find yourself going through this difficult transition in life, you need to understand your legal rights and make sure you receive everything you are entitled to receive. Jensen Law has more than a decade of experience handling family law and divorce matters in Arizona. We will fight for your rights with the passion and compassion you deserve.
Call us today and schedule your complementary consultation with one of our Divorce Attorneys in Gilbert Arizona.