Mesa Divorce Lawyer

Navigating Divorces in East Valley, AZ

In Arizona, a divorce is known as “dissolution of marriage,” and it is a court process designed to end a marriage legally. Besides terminating the union, an Arizona court has the authority to divide certain debts and property of the spouses. In some instances, one spouse may be required to pay spousal maintenance (formerly alimony/spousal support) to the other. The court may also decide on issues such as custody, child support, and parenting time if children are involved.

If you are preparing to file for divorce, retain the Mesa divorce lawyers at Edwards & Petersen | PLC. Our experienced Arizona divorce lawyers can help you navigate the long and complicated road ahead, working tirelessly to ease your burden and help you find positive solutions to any problems that arise along the way.

Call Our Family Lawyers at (480) 418-5656 or Contact Us Online To Request a Free Initial Consultation.

When Can I File for Divorce in Arizona?

In Arizona, you can only file for divorce if you or your spouse has been a resident of the state or stationed there as a member of the armed forces for at least 90 days prior to the date of filing.

When it comes to issues such as child support and child custody, Arizona follows a very specific set of rules on when and where a court can decide child support and parenting time issues. Any children involved must have lived in Arizona for at least six months before filing. Additionally, the state must be the primary residence of your children.

What Are Grounds for Divorce in Arizona?

Arizona is a “no-fault” divorce state, which means neither you nor your spouse is legally required to provide a reason for the legal separation; as long as one party claims that the marriage is “irretrievably broken,” the divorce proceedings can commence.

However, Arizona is one of the few states that recognize “covenant marriage” as a higher form of marriage.

In this case, the person seeking the divorce (the petitioner) must have one of these grounds:

• The other party has committed adultery.
• The other party has abandoned the marital home for at least 12 months prior to the petitioner filing for divorce and will not return.
• The other party has been found guilty of a crime and received a death penalty in a municipal, county, state, or federal facility.
• The other party has abused the petitioner, a child, or a relative of either spouse living in the marital home, or he/she has committed an act of domestic violence.
• The other party regularly abuses drugs or alcohol.
• The spouses have been living apart for at least two years prior to the filing.
• The spouses have been living apart for a minimum of 12 months prior to the entry date of the decree of legal separation.
• Both spouses agree to the dissolution of marriage.

Although you have the option to represent yourself, the court expects you to follow all the usual procedures and laws. Failure to do so could result in you losing necessary legal rights and the ability to request certain benefits. For example, if your divorce case goes to trial, you may only be able to call witnesses or produce specific evidence if you follow court procedures. In addition, neither the judge nor court personnel can provide legal advice, so hiring an experienced Mesa divorce attorney is in your best interest.

How to File for Divorce in Arizona

The petitioner files for dissolution of marriage along with related documents. Required forms and fees vary depending on the county you live in. Upon filing the petition, your spouse must be served with copies of the papers, unless service is waived in writing and filed with the court. If the petition is served in Arizona, your spouse has 20 days to respond; this increases to 30 days if it is served outside the state.

If your spouse does not file a response within the appropriate time frame, you have the right to apply for a “default.” Once you do this, your spouse has 10 days to respond or the divorce could be granted on all your terms. If no response is filed, you can obtain a default Decree of Dissolution of Marriage at the end of a 60-day cooling off period that begins on the day the respondent was initially served with divorce papers.

In the event that a response is filed but you and your spouse agree on all issues, you can place all your agreements on a Consent Decree of Dissolution of Marriage and have it signed by a judge.

Overcoming Obstacles During Your Divorce

If you file for divorce, but your spouse does not agree to the divorce proceeding, they have the right to request a reconciliation meeting with the court. The divorce is held for a maximum of 60 days while this meeting occurs. The divorce proceeds if both parties fail to reconcile and refuse to postpone proceedings.

Issues such as child custody, parenting time, and spousal maintenance are often sticking points during a divorce procedure, so you may need a judge's input on these matters, which means requesting a trial to finalize the divorce. Again, you should hire a Mesa divorce attorney to help you obtain a trial date and venue.

Arizona Divorce Timeline

Once the Petition for Dissolution of Marriage has been served, the divorce cannot be finalized until the 60-day cooling off period elapses. If both parties fail to agree, a trial is set – and it may take several months for it to become final.

A Decree for Dissolution of Marriage will:

• End the marriage
• Determine spousal maintenance, child custody, and parenting time and support (if applicable)
• Divide any property acquired during the marriage and affirm ownership of property acquired before the marriage to the party that owns it
• Determine who is responsible for any debts accrued during the marriage and affirm any debts owed before the marriage to the appropriate spouse
• Decide who is responsible for any legal fees
• Restore the last name of a spouse if he/she requests it

How Is Property Divided in a Divorce in Arizona?

In Arizona, property division during a divorce follows the principle of "community property." This means that any assets and debts acquired during the marriage are typically considered community property and are subject to equal division between the spouses. However, this does not necessarily mean a 50-50 split in all cases; the court will aim for an equitable distribution, which may result in different arrangements depending on the circumstances.

Property owned by either spouse prior to the marriage or acquired by gift or inheritance is generally classified as "separate property" and is not subject to division. However, if separate property has been commingled with marital assets, or if both spouses have contributed to the maintenance or increase in value of the separate property, it may become more difficult to determine ownership.

The court takes into account various factors when dividing property, such as the length of the marriage, the needs of each spouse, and the nature of the property in question. In some cases, spouses may agree on property division through mediation or negotiation. If an agreement cannot be reached, the court will intervene and make decisions based on Arizona’s community property laws.

It is important for divorcing spouses to fully understand their rights and obligations concerning property division, as it can significantly impact their financial future. Consulting with a knowledgeable divorce attorney in Mesa can help ensure a fair and appropriate division of assets.

Understanding Your Legal Options During Divorce

Going through a divorce can be a challenging and emotional time, but it's important to understand your legal options and rights during the process. Our experienced Mesa divorce lawyers at Edwards & Petersen | PLC can provide guidance and support as you navigate the complexities of divorce in East Valley, AZ.

During your divorce, you may have several legal options to consider, including:

• Mediation: A voluntary, confidential process where a neutral third party helps you and your spouse reach a mutually acceptable agreement.
• Collaborative divorce: A cooperative approach where you and your spouse work with attorneys and other professionals to reach a settlement without going to court.
• Litigation: If negotiations fail, litigation may be necessary to resolve disputes and finalize the terms of your divorce through court proceedings.

Our Mesa divorce attorneys can help you understand the pros and cons of each option and guide you towards the best approach for your unique situation. Contact us today to schedule a consultation and explore your legal options during divorce.

Call Our Divorce Attorneys At Edwards & Petersen | PLC

Many divorces are complicated, but even the most straightforward divorce proceedings need the helping hand of an experienced Arizona divorce lawyer in this area of law. At Edwards & Petersen | PLC, our family law attorneys have the know-how to help you through the process and find favorable resolutions to every aspect of your legal separation.

Contact family lawyers online or call (480) 418-5656 to request a free consultation today.