No Fault Divorce Arizona
What is no fault divorce? Is Arizona a no fault divorce state? What does “no fault” mean? These are questions we hear all the time. A “fault” divorce means that if you wanted file for divorce you would have to prove your spouse did something wrong in order to justify it. Here we define no fault divorce and share information about no-fault divorce in Arizona.
If you are still married and thinking about getting divorced, you should know that Collaborative Divorce is one of the most peaceful divorce options. There are many benefits of choosing a collaborative process when you want to promote a healthy separation.
Is AZ a No-Fault Divorce State?
Yes, Arizona is a no fault divorce state. According to the State Bar of Arizona, “Arizona is a no-fault state, which means that neither spouse needs to give a reason for the divorce. Only one party needs to assert that he or she believes the marriage is “irretrievably broken.””
What is No-Fault Divorce in Arizona?
No fault divorce means a divorce may be granted on the basis that one or both spouses assert that the marriage is irretrievably broken and that there is no reasonable grounds for reconciliation. The spouse requesting the divorce does not have to prove the other spouse did something wrong in order to be granted a divorce, and it doesn’t matter which party chooses to file; the court does not make any assumptions.
How Long Does a No-Fault Divorce Take in Arizona?
The length of the process depends on whether the parties are in agreement on the issues related to the divorce. If the parties agree on all of their terms from the outset or with minimal time spent negotiating, it can take between 90 to 120 days to finalize the divorce. If there are disputed issues, the case can take from a few months up to a year or more to resolve.
How Much Does a No-Fault Divorce Cost in Arizona?
The cost of the divorce depends largely on what type of issues, if any, are in dispute. If the parties are able to easily reach agreements on all issues, they will spend a great deal less than someone whose contested divorce proceeds to trial. The range can be from a couple thousand dollars per party up to tens of thousands of dollars each (or more!). The cost also depends on the hourly rates charged by the attornesy. ; average attorneys fees range from $250 to $450 per hour. According to LegalZoom, “If you retain an attorney, he will bill your deposit at the rate of $250 to $450 for each hour of his time. Attorneys practicing in large metropolitan areas may charge more than $450, and those in rural areas may charge less than $250.”
How to Get a No-Fault Divorce in Arizona?
To file for a no-fault divorce in Arizona, one partner needs to file a form called a Petition for Dissolution with the Superior Court Clerk in the county where at least one spouse lives. However, according to A.R.S. § 25-312, at least one of the spouses must have been a resident of AZ for at least ninety days. There may be different timeframes involved if the parties have children.
The spouse filing the Petition becomes known for legal purposes as the ‘Petitioner’.
This petition to end the marriage also issues orders that will instruct the court on how to divide debts and property, split custody of the children, determine alimony (spousal support) and child support.
If both spouses are in agreement about the divorce or are willing to work together on the details of the divorce, they can prepare and submit a Consent Decree, which is the process for finalizing a divorce without having to go in front of a judge for a trial.
Some people file for divorce in Arizona by using documents provided by Maricopa Superior Court. You can try to file for divorce yourself in Arizona, but Maricopa Superior Court suggests, “The first step in your case should be to speak with a lawyer to get legal advice. This will help you determine the best course of action for you.”
Collaborative Divorce is a Peaceful Divorce Option
Divorce litigation can be scary and emotionally draining for you, your spouse, and your children. But it doesn’t have to be that way with collaborative divorce. The collaborative process can result in a less expensive, more efficient, and less harmful outcome for everyone involved. One of the legal, financial, and communication professionals at Best Legal Choices can help you navigate this difficult time in your life.
OUR PROFESSIONALS CAN HELP WITH THE COLLABORATIVE PROCESS IN ARIZONA!
Divorce litigation can be scary and emotionally draining for you, your spouse, and your children. But it doesn’t have to be that way with collaborative divorce. The collaborative process can result in a less expensive, more efficient, and less harmful outcome for everyone involved. One of the legal, financial, and communication professionals at Best Legal Choices can help you navigate this difficult time in your life.
Jennifer Moshier brings energy, determination and commitment to everything in her path. A lawyer with a keen sense of timing, Jennifer brings a strong background from her days as a big firm lawyer and corporate general counsel.