Arizona Divorce Basics

A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, a divorce will give each person the legal right to marry someone else, to divide their assets and debts, and to determine the future care and custody of their children. While each state’s laws address these issues differently, the basic principles followed by the courts when considering requests for divorce are relatively uniform.

Divorce with No Fault.

In a majority of states, including Arizona, there is at least one form of “no fault” divorce. No fault divorce is a marital termination proceeding where the divorce is granted without either party being required to show fault. One spouse must state that the marriage is irretrievably broken. Either party may obtain a divorce, even if the other spouse does not consent to the divorce.

Divorce of a Covenant Marriage.

Some states require that you give a legal reason to terminate the marriage, and these are often called fault-based divorces. In Arizona, the only statute that specifies grounds that must be proved to support a requested divorce relates to covenant marriages. Compared to a standard marriage, there are more requirements, or formalities, when a couple enters into or exits out of a covenant marriage.If you are unsure about your situation, your marriage certificate will indicate whether you have a covenant marriage.

Contested Divorce.

Before a divorce will be granted, issues of spousal maintenance (alimony), asset and debt division, and, if there are children, child custody, parenting time, and child support must be resolved. A divorcing couple who agrees to a settlement, in writing, on all of those issues will likely be granted an uncontested divorce and avoid adversarial divorce litigation. Conversely, when the couple cannot agree on any of the basic issues, then a contested divorce exists. When a divorce is contested, the parties may proceed through all phases of litigation, including trial before a family court judge. The couple may voluntarily seek Alternative Dispute Resolution (ADR) methods like mediation — they may also be ordered to ADR by the court.

Maricopa County Superior Court’s Self-Service Center.

The Maricopa County Superior Court’s website provides do-it-yourself court forms, including a selection for divorce actions. You should consult with an attorney before you make decisions about property distributions or spousal maintenance, among other things. But if you would prefer to handle your divorce without representation, you can utilize these forms.

About Scott David Stewart

Scott Stewart has written 443 posts in this blog.

Prior to forming the family Law Offices of Scott David Stewart, Mr. Stewart worked as a Deputy County Attorney for the Maricopa County Attorney’s Office as a felony prosecutor. Mr. Stewart now helps Arizona citizens with divorce and family law matters.