No couple starts out planning to end their marriage in divorce, but sometimes a marriage runs its course, and spouses decide to part ways. Even under the best circumstances, when spouses part civilly, if not amicably, divorce in Arizona is an emotionally fraught and legally challenging process. More commonly, spouses have adversarial feelings that impact the divorce process, leading to one or more disputes over the terms of their divorce.
While nothing makes divorce easy, consulting with an experienced Chandler divorce lawyer can help you understand your options and navigate the process. Knowing how to file for divorce in Chandler, Arizona, and what the divorce process entails is a crucial first step.
To get a divorce in Arizona, at least one spouse must have resided in the state for 90 or more days before filing. Arizona is a no-fault divorce state. An irretrievably broken marriage is the only grounds for divorce. This means that the law does not require either spouse to prove that the other spouse was in the wrong or caused the end of the marriage.
Before filing for divorce or responding to a spouse’s divorce papers, each spouse should prepare for the process by gathering all relevant documents showing their income, marital assets, and separate assets to prepare for the full financial disclosures they must submit. Each spouse should hire separate attorneys to represent their best interests throughout the Arizona divorce process.
To file for divorce in Arizona, one spouse becomes the petitioner (the spouse who files) and the other spouse is the respondent. The divorce petition must include the petitioner’s desired terms for all required aspects of the divorce, including the division of marital assets, child custody, child support under the state’s formula, and spousal maintenance (alimony) when appropriate.
Then, the petitioner files their petition in the court of their jurisdiction. The petitioner’s attorney arranges for the petitioner’s spouse to be formally served with the divorce petition.
Once the respondent in the divorce (the other spouse) receives the petition, they have 20 days to respond. If they reside out of state when they receive the petition, they have up to 30 days to file a response. The respondent must address all of the petitioning spouse’s requested divorce terms, either by agreeing to the terms or by countering with their own demands.
Their attorney will guide them through this process and assist in filing their response within the time limit. If one spouse requires temporary orders for child custody, child support, and/or spousal support during the divorce process, they can request temporary orders from the judge when filing.
The discovery process takes place after the non-petitioning spouse responds. During the discovery process, both attorneys examine the complete financial disclosures of both spouses, and each may request further financial documents from the other. The law compels both spouses to respond to each other’s document requests. Documents typically include income statements, bank statements, retirement and investment portfolios, mortgages, vehicle titles, and debt statements.
When divorcing spouses share children, they typically develop a child custody or parenting-time plan for shared custody with the assistance of their lawyers during the discovery process or before beginning negotiations. If they disagree on their child’s custody, they address that matter during negotiations.
An Arizona divorce between spouses with no children and few assets is often a smooth process, with no disputes. Spouses with children and substantial assets may require a more complex negotiation and mediation process. Both spouses’ attorneys set up meetings to discuss any disputed divorce terms. For example, spouses may argue about who should retain the family home or if it should be sold. They may dispute each other’s shares of the marital assets, which the state demands they separate in a way that’s fair and equitable if not exactly 50/50.
In some cases, one spouse requests spousal support from the other, who may dispute the request. Finally, some spouses dispute the other spouse’s right to equal custody of their children. Most divorcing spouses in Arizona attend mediation, a meeting with a professional mediator arranged by their attorneys. They present their disputed terms to the mediator with their attorneys present, and the mediator offers creative solutions to resolve the issues without the need for a judge in court.
If both spouses can communicate and compromise effectively with the help of their attorneys and mediation, they may reach agreements on any disputes and sign a settlement agreement. Their attorneys present the agreement to the judge, who typically signs it into binding divorce orders. This is an uncontested Arizona divorce. Only rarely does a judge deny a settlement agreement.
This may occur if the settlement agreement is egregiously unfair to one spouse or the judge suspects it was signed under duress. A judge must also find that the custody agreement is in the child’s best interests. If the spouses cannot reach a settlement agreement with all divorce terms, they take the case to court in a divorce trial. This is a contested divorce.
When spouses have one or more unresolved disputes, the case goes to court. The judge reviews the disputes and may order further mediation attempts or may set a trial date. Both spouses and their attorneys prepare for trial by lining up eyewitnesses and other evidence to support their arguments for the division of assets, alimony, or child custody. Once a case goes to trial, the attorneys assist both spouses in presenting their arguments.
They also question eyewitnesses and cross-examine each spouse. Once they’ve given all arguments and evidence, the judge carefully considers all aspects of the divorce before making final decisions on each dispute. Then, they sign their judgments into binding divorce orders in a dissolution of marriage contract. Once the judge signs the dissolution of marriage, the divorce is final, and the spouses must abide by the judge’s decisions.
Depending on the circumstances and a Chandler, Arizona divorce lawyer’s advice, a spouse may file a request for modification of the terms of the divorce later, only if new evidence comes to light or if they experience a dramatic and long-term change in circumstances.
Although it is legally possible to complete a divorce without an attorney, it’s rarely feasible, except in the simplest of divorces with both spouses in complete agreement on every term. For spouses with children or significant assets and debts, hiring experienced representation is crucial. Working with a skilled divorce and Chandler family law attorney ensures your rights are protected and that you navigate the process efficiently. Call Wilson Goodman Law Group, PLLC, today to learn more about filing for an Arizona divorce and what you can expect under the unique circumstances of your case.
