Arizona uses the no-fault divorce standards to do marriage dissolution. As long as your marriage is at the irretrievable stage, you can file a divorce lawsuit at the nearest superior court. People under covenant marriage will need to prove the reasons for them seeking a divorce.
Some of the reasons that can warrant a marriage dissolution include adultery, abandonment, physical abuse or regular substance abuse. Such things embarrass not only the spouse but also the children. You must have been staying in Arizona for at least 90 days for you to file a divorce petition. Check https://mymodernlaw.com for more details and guides about divorce in Arizona.
What to Do After Petition
There are various forms you will need to have after you file a petition. The petition is just but an explanation of your request for divorce and your demands. Summon, preliminary injunction and Notice to creditors are some of the forms you need to fill before you serve your petition to your spouse.
All these forms must be signed by the superior court judge in order for the case to proceed forward. Once all documents are completed, which should be within 120 days after the petition is filed, you can then serve the petition to your respondent.
Serving the Petition to Your Spouse
Serving the petition can either be done by you, or it can be done by police where need be. There are professional petition servers who can collect your papers and professionally deliver them to your respondent. Your spouse will then give an affidavit of service to acknowledge receipt of the petition and other documents.
This does not mean that your spouse has given in to your demands. Depending on your demands and whether the spouse like them or not, the spouse may or may not contest. If the spouse agrees then no contest will be filled so the marriage dissolution will not take long, only 60 to 90 days.
Alimony in Arizona
Spousal maintenance may be warranted if one spouse is not capable of providing for him or herself. The couple may agree in writing on how they would like to provide for the one in need. In case the agreement is biased, the court steps in to make the final decision. Some of the reason that may make a court to order alimony include:
- Lack of employment to generate sufficient income
- If your spouse stayed in the marriage for long to the extent finding a job is impossible due to old age
- Property that will need maintenance even after the divorce
Alimony can be awarded as long as there is proof that your spouse needs financial help.
Arizona is a community property state meaning any property that was acquired during your marriage will be divided. Marital misconduct is not considered during the division of property. For property acquired before marriage, a percentage of its returns may be deducted to cater for child support. The inherited property, the property you acquired before marriage and private property not comingled cannot be divided or shared.
Child custody and child support will also be agreed and a court order issued before there is complete marriage dissolution. Custodial parents will have the final say on children’s welfare, but both parents can discuss children’s’ demands.