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The divorce rate in Arizona is relatively high (10.98-12.63 per 1,000 couples); in fact, it is the highest in the US, according to the American Community Survey.
The Arizona divorce process is never easy. Both parties can be affected emotionally, physically, and mentally. You must get all the information there is to know to ensure the divorce process in Arizona runs smoothly.
Do you know how to file for divorce in Arizona? Consult a lawyer to understand what Arizona divorce laws have to say.
What is the procedure for filing for divorce in Arizona? What are the types and steps for divorce in Arizona? Read on, and we shall answer all these questions and summarize the available methods to get a divorce in Arizona.
How to Get Divorced in Arizona
There are two types of divorce in Arizona:
- Contested divorce
- Uncontested divorce
These two types are pretty different from one another, and we are going to look at their differences.
Contested Divorce
This is one of the types allowed by the divorce laws in Arizona. A contested divorce means that the spouses disagree on the terms of their divorce. Due to the disagreement, a court will be involved. Some issues the couple will be disagreeing about include:
- Custody of the children
- Division of property
- How to share financial responsibilities such as child support and alimony
Since the court will be involved in this type of divorce, you should look for a divorce advocate to assist in filing for divorce in Arizona. The procedure will also be time-consuming due to the disagreements, so you better prepare beforehand.
The lengthy court process is because of the following required steps:
- Filing the petition for divorce: This is the first step, and the party should expressly state why they want the divorce and the issues they are contesting.
- Response: You must file your answer if your spouse has filed for divorce. You will address your partner’s accusations and make your claims in this response. This should be done within 20 days.
- Presenting of evidence: This step takes up most of the time. Each party has to find and present evidence to support their claims.
- Negotiation: After the two parties have presented their evidence, the court will attempt to make them agree. Collaborative divorce and mediation are commonly used.
- Trial: If the parties fail to agree during negotiation, the petition will proceed to trial. The court listens to the parties and then makes the final decision.
As you can see, the contested divorce is quite complex, so you need a qualified lawyer. The lawyer shall:
- Represent you in court
- Participate in the negotiation process
- Offer legal advice
Uncontested Divorce
As the name suggests, there are no uncontested issues. The two parties are on the same page, meaning they agree on matters such as:
- Custody of the children
- Property division
- Financial responsibilities (child support and alimony)
Since there are no disagreements, uncontested divorce does not proceed to court. This type of divorce comes with its fair share of pros, such as:
- It takes a short time for the divorce process to be over.
- It is relatively cheaper compared to a contested divorce. In an uncontested divorce, you need not hire an advocate, and the matter does not proceed to trial.
- Since the two parties agree, the decision they come up with is satisfactory compared to a contested divorce that the court decides on.
- Divorce can be emotionally draining, and the back and forth involved in a contested divorce does not help the situation. In an uncontested divorce, things are much easier as the two parties develop their solution in the shortest time possible.
An uncontested divorce takes less than 60 days to be over. The parties can choose to use the consent decree, which the judge looks at and, if satisfied, declares the marriage to be over.
Another way is default divorce. This happens when one party fails to respond to the petition within the specified time.
Conclusion
There you have it. Those are the two types of divorce. A contested divorce will take time as the parties disagree on several issues, such as financial responsibility, children’s custody, and property division.
On the other hand, an uncontested divorce in Arizona takes little time since the two parties agree.
