Arizona is a ‘no-fault divorce’ state. The family court only requires a divorcing couple to show that their marriage is ‘irretrievably broken’ to get a divorce. Despite these seemingly easy grounds for divorce, ending a marriage is often emotional, expensive, and legally complex.
Understanding the divorce process and Arizona’s unique laws is essential to navigating this often difficult time. Whether you are considering divorce or have already started the process, it is advisable to seek the guidance and legal support of a skilled divorce lawyer. If you are in Yuma, AZ, contact our skilled and experienced Yuma divorce attorney at Janet H. Metcalf, P.C.
Understanding Arizona Divorce Laws
Grounds for divorce. As a ‘no-fault divorce’ state, Arizona does not require a divorcing spouse to prove wrongdoing to end a marriage. The one filing for divorce does not even need to convince their partner to agree to end the marriage. The divorcing couple only needs to state that the marriage is ‘irretrievably broken,’ meaning they don’t have a reasonable chance of reconciling.
But, for couples in a covenant marriage, the court will not grant a divorce unless there is proof of abandonment, domestic violence, regular substance abuse, or adultery. The court may also require both spouses to agree to the divorce.
Residency requirements. You or your spouse needs to have lived in Arizona for at least 90 days before filing for divorce in Yuma. The law also requires you to file for divorce in the county where you or your spouse live.
The Divorce Process in Yuma
For couples who have met the legal requirements and are ready for divorce, the Arizona divorce process follows some basic steps, including:
#1. Filing the Petition
The first step involves you (the petitioner) submitting the relevant divorce paperwork to the Yuma County Superior Court and paying for mandatory court fees. The essential divorce papers include a Petition for Dissolution of Marriage outlining your divorce request.
#2. Serving the Other Party
After filing, you must serve the divorce papers to your partner (the respondent). Arizona law requires proper service to ensure the respondent is aware of the proceedings. The respondent must acknowledge receiving the papers. They then have 20 days (30 days if living outside Arizona) to file a response.
#3. Discovery Phase
If your partner disagrees with your divorce terms in their response, the divorce process enters a discovery phase. The phase includes you and your partner exchanging relevant information, including financial records, assets, and debts. This ensures transparency and helps facilitate fair negotiations.
#4. Temporary Orders and Negotiations
If some divorce issues such as child custody or spousal support require immediate resolution, either spouse can request temporary orders. These orders remain in effect until the judge issues a final divorce decree. However, a couple can also have an out-of-court agreement on the divorce issues through negotiations or mediation.
#5. Trial and Final Judgment
If you and your spouse cannot have an out-of-court agreement, the case proceeds to trial, where a judge will decide on all unresolved issues. Both parties must comply with the final judgment or divorce decree. However, Arizona law allows divorced couples to seek the modification of divorce terms if circumstances change post-divorce.
Key Issues in a Yuma Divorce
Most divorce proceedings involve resolving some key issues, including:
- Division of Property – Arizona follows community property laws, meaning marital assets and debts are divided equally in divorce unless otherwise agreed upon. A skilled Yuma family law attorney will help you navigate the division, including any complications on marital vs. separate property.
- Child Custody and Parenting Plans – Arizona courts prioritize the ‘best interests of the child’ when making child custody decisions and approving parenting time schedules. The judge often considers the child’s relationship with each parent, stability, and the ability to provide a safe environment.
- Child Support and Spousal Maintenance – Arizona courts calculate child support based on several factors, including each parent’s income, parenting time, and the child’s needs. The court awards spousal maintenance or alimony based on factors like the length of the marriage, the payer’s ability to pay, and the recipient’s financial needs.
Unique Considerations for Divorce in Yuma
- Military divorces due to Yuma’s proximity to military bases. These divorces involve unique considerations such as the division of military pensions and adherence to the Servicemembers Civil Relief Act (SCRA).
- Cross-border divorces due to Yuma’s proximity to the U.S.-Mexico border. These divorces may involve unique challenges, including international custody arrangements and cross-border enforcement of court orders.
These unique considerations may require the legal guidance and support of a skilled and experienced Yuma divorce lawyer.
Why You Need a Skilled Divorce Attorney
While Arizona law does not require you to have a divorce lawyer, the divorce process involves navigating emotive and complex legal issues. An experienced Yuma divorce lawyer can help make the process less overwhelming, including providing the right legal advice and guidance.
A lawyer will also represent you in negotiations and mediation and ensure you get a favorable outcome. They will also protect your rights in a court trial if necessary. A skilled family law attorney will help you comply with Arizona divorce laws, including procedural requirements.
Contact a Yuma Divorce Lawyer
A divorce is often expensive, time-consuming, and stressful. You also need to navigate critical divorce issues like property division, child support and custody, and alimony. A Yuma divorce attorney can guide you through the often complex legal process as you focus on the emotional and financial consequences.
If you are in Yuma, AZ, and are considering divorce, contact our skilled and experienced divorce lawyer at Janet H. Metcalf, P.C. We will help you navigate the Arizona divorce process and protect your rights, including representing you in negotiations and court if necessary. Contact us for a free consultation and to learn more about our services.
