Divorce Law Cases

Why You Need a Divorce Attorney in Scottsdale Or Other Arizona Locations

In Arizona, a divorce is called "dissolution of marriage" and court papers use that term instead of "divorce." The standard Arizona divorce is no-fault, which means that neither spouse is required to prove blame or responsibility in ending the marriage. You can find a divorce attorney in Scottsdale, Phoenix and other major Arizona cities. You may also want to research mediators if you have an amicable relationship with your soon-to-be ex-spouse. Make sure you get some kind of legal help because your divorce paperwork must be thorough and include certain items that legal counsel will know. If your paperwork is incomplete, your divorce could take months or even years.

Arizona considers marriages to fall into one of two categories: a standard marriage and a covenant marriage. A covenant marriage is presumably a higher standard of marriage, which Arizona added to law in 1998. A covenant marriage differs from a standard marriage in the steps necessary to get married and the reasons why a divorce may be granted by the court. A covenant marriage can only be legally dissipated on the grounds of adultery, conviction of a felony which lands a person in prison or death, over one year of abandonment, living separately for over two years without reconciliation or living separately for over one year after legal separation, domestic violence, abuse of drugs or alcohol or if both spouses agree to dissolution.

You or your spouse must be a resident of Arizona for a minimum of 90 days before you can file for a divorce. You must file a "Petition for Dissolution of Marriage" with the Superior Court in which you live. According to Arizona law, a divorce cannot be granted until at least 60 days after the court papers are delivered to the other spouse.

You can get a consent decree without going to court if you and your spouse can agree to all terms in your divorce, including child support, property issues, debt issues, alimony and custody. The decree will end the marriage after the decree is signed by a judge.

The court can also divide property and debts for you, if you go to court instead of using a mediator. Arizona is a community property state, meaning any property bought during the marriage is treated as being owned by both spouses. The courts attempt to distribute community property fairly, but that doesn't always mean equally. You should consult a divorce attorney in Scottsdale or in the city closest to you to make sure you get property that should be yours.

Property owned before the marriage can remain separate property of the spouse that obtained the property before marriage. Items one spouse receives as a gift or inheritance during the marriage is also considered separate.

You and your spouse can get a written agreement, known as a separation agreement, that specifies how matters are handled if the marriage ends. This is a contract list and describes both parties' decisions about ownership of real estate, how to divide property, financial support and custody issues, if applicable. The court must accept the separation agreement unless it is unfair to one spouse. Consult a divorce attorney in Scottsdale or in the city nearest you for more information about a separation agreement. Gathering information about the date of purchase and the price of purchase, as well as who you purchased the property from can be a big help before you consult a divorce attorney.

The Arizona court system will make child custody decisions in the best interest of the child if the parents cannot reach an agreement. The court can order sole custody or joint custody. No preference is given on the basis of the parent's sex.

The Arizona court system can be confusing, which is why it's best to get a divorce lawyer or mediator to help you understand your rights and to make sure you have everything you need.

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