In some circumstances, it is possible to get a divorce in Arizona in as few as 60 days. However, in most cases, a divorce will take anywhere from two to four months to finalize. Of course, in some situations, the situation may take even longer.
What is the divorce process in Arizona?
To initiate a divorce in Arizona, a spouse files a “Petition for Dissolution of Marriage” with the clerk of the Superior Court and pays the requisite filing fee. The other spouse must be served with a copy of the petition and summons.
Is Arizona a 50 50 state in a divorce?
Each former spouse begins life after divorce with all his or her separate property and half what they once owned together. Arizona is a 50/50 property law state when it comes to divorce. Community property division must be equitable, but seldom will shares be absolutely equal.
How do I know if my divorce is finalized in Arizona?
You can only see if your divorce is finalized online by searching for the divorce decree through a third-party records service. If your divorce decree shows up in the search, that means your divorce is finalized. If it doesn’t, you’ll need to call your attorney or the county clerk’s office for more information.
Does Arizona require legal separation before divorce?
Arizona does not require you to be separated from your spouse before you can get divorced. You do, however, have to wait for a period of time before your divorce is finalized.
How can I get a quick divorce in Arizona?
If you and your spouse do not agree on all of the issues in your divorce, the only practical way to get a quick divorce in Arizona is to hire a mediator or arbitrator to get you divorced fast.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.
What is the average cost of a divorce in Arizona?
The average cost of a divorce in Arizona is about $20,000 with prices ranging from $5,000 to $100,000 in Arizona, according to multiple sources. However, your actual divorce costs depend on the type of divorce process you choose. A contested divorce, in court, will cost you an average of $75,000.
How long does it take to get a divorce if both parties agree?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children. These things will be dealt with separately to your divorce or dissolution.
Who pays for a divorce in AZ?
The Arizona divorce laws permit the Court to order one spouse to pay some or all of the other spouse’s attorney fees and costs. Although there are many different statutes that provide the court with this authority, the most cited statute is A.R.S. 24-324.
Who qualifies for alimony in Arizona?
A spouse may be eligible for spousal maintenance if they (1) were married for a long time and (2) are too old to be expected to work. Under this factor, both the length of the marriage and the age of the spouse seeking spousal maintenance must apply to be eligible for an award of spousal maintenance.
Can my husband take my 401k in a divorce?
1. You Need a Court Order to Divide a 401(k) Pulling money out of a 401(k) to finalize your divorce isn’t something you can do on a whim. First, a judge has to sign off on a Qualified Domestic Relations Order (QDRO), which confirms each spouse’s right to a portion of the money.
Can I get married while my divorce is in process?
It’s important that you make sure your divorce has been finalised before you marry again. It is against the law to marry someone if your previous marriage is not legally over, and so if you do remarry immediately it is possible that you could be committing a crime.
Can you get divorced without the other person signing?
Applying for a divorce can be a difficult decision to make, especially if you’re not sure your partner will sign your petition. Crucially though, you don’t need your partner’s consent to get a divorce. Although it may be a long process if your partner doesn’t comply, they won’t be able to stop you indefinitely.
Can therapy be used against you in divorce?
Can counseling hurt you during a divorce? The answer is a resounding yes, if the divorce goes through the traditional process of court litigation. The answer is a resounding no, if the alternative—collaborative divorce—is chosen.
How fast can a divorce be finalized in Arizona?
Although you can get a divorce decree in as little as 60 days (in limited circumstances as per the waiting period in Arizona Revised Statute 25-329), the average time to finalize even an uncontested divorce in Arizona is between 90 and 120 days. In many cases, divorces can take considerably longer.
Can you date while going through a divorce in Arizona?
Dating is not prohibited during a divorce, but it’s important to discuss the matter with your Phoenix divorce lawyer because dating someone may affect your pending divorce in a number of ways. Dating during your divorce, for example, could be perceived as “revenge” or as “getting back” at your spouse.
Can you date while separated in Arizona?
Arizona is a no-fault divorce state, so no law prohibits you from dating during the divorce process. Ultimately, only you can make the decision about whether to date during the divorce process. If you know dating will set off your spouse, it’s probably in your best interest to wait until your divorce is finalized.
Who pays for a divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.
Is Arizona a no-fault divorce state?
Like most states, Arizona is one of the no-fault divorce states and does allow the marriage to be dissolved without allegations and proof of fault.
How do I get a free divorce in Arizona?
Arizona divorce forms are all available online and free to use. The Arizona Judicial Branch provides the required forms and instructions for a divorce with minor children or without minor children. These forms may be accepted by courts statewide, although some courts may have their own preferred forms.
Can text messages be used against you in a divorce?
Can My Texts Be Used Against Me in a Divorce? The short answer is “Yes.” The court usually allows the person receiving the text to testify that he or she recognizes the phone number the text was sent from. The court might also ask about the sender’s identity and the context of the message.
How do you avoid getting screwed in a divorce?
- Dig into your spouse’s business.
- Protect your flanks.
- Nail down any money you brought to the marriage.
- Go after the pension and retirement accounts.
- Don’t expect permanent alimony.
- Fight for health benefits, when you don’t have your own group plan.
How do you financially protect yourself in a divorce?
- Legally establish the separation/divorce.
- Get a copy of your credit report and monitor activity.
- Separate debt to financially protect your assets.
- Move half of joint bank balances to a separate account.
- Comb through your assets.
- Conduct a cash flow analysis.
Does it matter who files for divorce first in Arizona?
If you are thinking about divorce, you may wonder, “Does it matter who files for divorce first in Arizona?” Legally, the answer is no. Whether you file first will not make any difference regarding any of the legal elements of your divorce.