Divorce
Arizona is a no fault divorce state which means that the only requirement for a divorce is that one party wants it.
Arizona is also a community property state. This means that most assets or debts acquired during the marriage is shared and each party owns or owes an undivided interest in the asset or debt. Exceptions to this general rule are those assets acquired prior to the marriage, by gift, devise (by a Will) or descent (inheritance). The Courts presume that assets and debts accrued during the marriage are community so, if a spouse wants to claim an item as his/her sole and separate asset, that party must prove it was acquired in one of the above ways.
Many people enter into Pre-Nuptial or Post-Nuptial Agreements to elect out of the community property laws in Arizona. If you entered into such an agreement, that document, if drafted properly, will govern how your assets and debts will be divided and allocated. Click here to learn more about pre-nuptial and post-nuptial agreements.
Once the divorce petition is filed, the documents must be served on the other spouse. Once service has been completed, there is a 60 day waiting or cooling-off period. The Legislature decided that people should not get divorced while they are upset and therefore has established this "cooling off" period.
If you have a child or children and are in a divorce proceeding, you must attend a Parent Information Program. It is a 4 hour course and currently costs $50 to attend. You may not attend the same course with your soon to be ex-spouse and you must attend within 45 days after the date of service of the initial pleadings.
During the divorce the following issues will be addressed:
Child Custody
Parenting Time
Child Support
Spousal Maintenance
Division of Property
Allocation of Debts
Confirmation of Sole and Separate Property
Attorney's fees
Most cases in Arizona settle out of court. There may be a hearing to attend at the beginning of the case, but most cases are settled without a trial before a Judge.
If you are in the majority and your case settles out of court, the agreements you enter into and the documents that are drafted will govern both your financial future and how matters relating to your children will be handled. At Owens & Perkins, our experience shows that it is much less expensive to have the documents drafted correctly the first time rather than trying to correct and/or modify them at a later date. Not going it alone is probably one of the best decisions you will ever make.
Going through a divorce can be traumatic for many people. It is certainly life altering.
If you are interested in contacting Owens & Perkins about your divorce, click here or call us at 480.994.8824.