See if you Qualify in Arizona
Online Divorce provides qualitative and approved by the court Arizona divorce papers. The information below will help you understand more about the divorce in Arizona. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Arizona. We guarantee that in a short time you will receive the correct Arizona divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Arizona:
1. One of the main conditions for divorce should be the fact that your union has legal force. That is, the marriage was made in accordance with the laws of Arizona.
2. You must comply with the rules of residence. No matter in which state the marriage was made, if you want to get a divorce in Arizona, then you must live some time in the state before filing your application with the court.
3. You must have the reasons provided by the state, on the basis of which you want to apply for a divorce in Arizona.
4. If you have underage children or common property, then you and your spouse must agree on who will be the main guardian and on which parts the property will be shared. Similarly, if you are applying for alimony, you must also come with the spouse to agree on this issue. If you can not independently settle your disputes, then the court will make decisions at the court hearings regarding the issues listed above.
5. You have to fill out Arizona divorce papers and file them in the court. Note that filling out the divorce form documents is a rather complicated and not quick process, during which you can face various difficulties and not understanding, especially if you do not have a legal education. Many couples prefer to use onlinedivorce.com - the best service for preparing documents for divorce.
6. Once you have prepared all your documents, you need to register them in court, after which send a few copies to your spouse and wait for the court's decision regarding the divorce.
In case if you want to get divorce in the State of Arizona at least one of the spouses should be the residences of the state during 3 months (90 days). The divorce proceedings will only begin after the expiration of 60 days after the filing of documents to the court.
In Arizona there is a special type of marriage, which is called the covenant marriage . It does not replace ordinary marriages, but it serves as an additional option if the couple wants to create a family. The peculiarity of this marriage is that the couple must attend marriage counselors, family psychologists or representatives of the clergy. Thus, if you want to terminate the marriage of the covenant, you are obliged to provide evidence to the court that you tried to save your marriage by attracting specialists to resolve differences, but this was unsuccessful. If you are already in a normal marriage, but want to transfer it to the covenant marriage , you can do this by paying certain fees, as well as file special declarations. Note that it is rather difficult to terminate the marriage of the covenant, since the state imposes many legal features on the divorce process of the covenant marriage.
Valid Grounds to get divorce
In the state of Arizona no-fault grounds are recognized as a reasons for marriage termination. It means you do not need to prove the fault of your spouse, you simply claim that your marriage is irretrievably broken and there is no way to fix it. However, if you are in covenant marriage, then you must provide more valid reasons for which you want to dissolve the marriage. In this case, the following grounds are recognized for divorce in Arizona:
1. If one of the spouses has committed adultery, while he or she was in the covenant marriage.
2. If one of the spouses committed a crime while he or she was in a marriage, after which he or she was sentenced to imprisonment or death penalty.
3. If one of the spouses refuses to fulfill their marital obligations no more than 1 year before the application is submitted to the court.
4. If one of the spouses showed a cruel treatment towards the second spouse or child.
5 If the spouses live separately for at least 2 years prior to the filing of the application to the court.
6. Spouses have a legal separation and live together for at least 1 year.
7. One of the spouses has problems with alcohol or drug addiction. Note that if you terminate a marriage on the basis of fault grounds, you must indicate them in your divorce form documents, and also provide evidence to the court that your spouse is guilty in breaking the marriage.
Annulment Annulment is one of the types of divorce in Arizona, which is a faster way to end the marriage. Annulment is not applicable for all marriages, but only for those which are not recognized by Arizona law. This means that in eyes of the law such marriage never took place, as it was concluded with violations of the conditions of the state, which means that it can be deemed void. In this case, the procedure of divorce in the state of Arizona is greatly simplified.
In order to recognize the marriage as void, there must be a following grounds:
1) Bigamy. One of the spouses was already in legal marriage (which is not yet dissolved) at the time of the wedding ceremony.
2) Spouses are blood relatives to each other.
3) At the time of marriage, one of the spouses was an underage, neither the parent nor the court gave their permission to marry.
4) One of the spouses was not present at the ceremony at the time of marriage.
5) Spouses did not receive from the court a license for the conclusion of the marriage.
6) One of the spouses force or fraudulently forced the second spouse to marry.
7) Spouses did not have sexual relations with each other during this marriage.
8) One of the spouses was going to evade the implementation of marriage agreements.
9) One of the spouses hid his or her current marital status or features of religion.
10) One of the spouses was in such a mental state that he or she did not allow him or her to give his or her consent to the marriage.
Please note that when filling out your Arizona divorce papers, you will have to mention the reasons why you want to recognize the marriage as void. If there are underage children in the marriage, then after the annulment it will be necessary to undergo the procedure of establishing the paternity, because the marriage is being invalidated, it is also expected that the children were born out of wedlock. You can also file a petition for the establishment of a paternity together with your divorce form documents. After the paternity have been identified, you have the right to demand financial support from your spouse for the child. In cases where you live in a long-term marriage, you will not need to establish the paternity of children after the divorce in Arizona.
There is a special petition, called a presumption of paternity (a strong legal assumption that the supposed father is the actual biological father). And it has a place to be when:
1) the spouses were married 10 months before the birth of the child; or the child was born within 10 months after the marriage was completed by divorce, death or annulment.
2) the genetic test confirms paternity by 95%.
3) the birth certificate is written by two spouses or is notarized.
Thus, when filling out your Arizona divorce papers, you will need to take into account a number of nuances. To protect yourself from errors, it makes sense for you to use the services of an online divorce in Arizona. With our help, you will quickly receive divorce form documents that are drafted in accordance with state requirements. You will only have to register them in court.
Custody of the Child
The courts of Arizona award custody, based on the best interests of the child, to provide him or her with the most comfortable environment after the parents' divorce in Arizona. The court can award either individual or joint custody of parents over the child. The decision on joint custody is taken if this is the best option for raising a child, as well as both spouses are in agreement. The court also gives the right to grandparents to visit their grandchildren. On the court's decision regarding children custody in the state of Arizona following factors affect:
1) the conditions of the child's maintenance: both physical and psycho-emotional.
2) the existence of a fact of domestic violence or the harsh treatment of a child.
3) the ability of the child to adapt to the new environment.
4) the parents' desire for custody.
5) the child's needs for education, as well as his level of health.
Rules for child support
The state of Arizona is interested in providing the necessary support to the child, as well as is responsible for their implementation, for this Arizona has special rule for the child support work in every case. Usually, to calculate the amount of financial support for a child, the court uses the Income Shares Model. If none of the parents requested support for the child, then the court can independently decide on this if it considers support is appropriated. The court's decision on the amount of support will be made on the basis of various factors that took place in the life of the child. For example:
1. The child's financial needs.
2. The financial capacity of a parent who has the advantage of custody.
3. The standard of living of the child during the marriage of the parents.
4. The level of the child's physical, mental and emotional state.
5. The child's need for education.
6. The financial capacity of a parent who does not have custody.
7. The level of medical care for the child, his or her insurance.
8. Costs that need for raising a child.
Note that if any of the spouses hides their assets or property, after identifying it, the court may award the spouse convicted of fraudulence to pay a higher amount to support the child. Thus it is very important in the Arizona divorce papers to describe in all details your financial condition and financial condition of your spouse. Financial support for the child will continue until he or she reaches the age of 18 or until he or she graduates from high school.
Rules for Spousal support
If you are getting a divorce in Arizona, the court may order one of the spouses to make financial compensation to another spouse. This is called alimony. Alimony can be of several types. Temporary - the amount that is made out as a first aid to the spouse for a limited time. Alimony, which is paid to the spouse until the divorce is yet formally - to cover the litigation. And also permanent alimony - the amount paid to the spouse for life or until he or she engages in another marriage. Permanent alimony is rarely awarded by the court and to obtain it, the spouse must prove that he or she has no chance to become financially independent. The following factors can affect on the positive decision about alimony and its sum:
1) lack of property from a spouse who needs financial support.
2) the spouse who applies for alimony is the guardian of the child and does not have the opportunity to go to work.
3) the extent to which each of the spouses was in the education of each other.
4) the duration of the marriage.
5) the age, physical, mental and emotional state of the spouses.
6) the living standard of the spouses while they were married.
7) the history of employment and the opportunity to earn of each of the spouses.
8) the time required for a spouse who asks for financial support to obtain the necessary skills so that he or she can support herself.
9) the contribution of each spouse to the construction of family relations.
During a divorce in Arizona, the law obliges the spouses to divide among themselves all the assets, liabilities and real estate that was acquired during the marriage and had the status of a general. Unlike other states, Arizona does not require all property to be divided strictly in half, but the division must be justifiable. There are situations when a couple before the divorce has agreed that someone goes into ownership. However, if you can not come with a spouse to a single decision, then the court will share the common property instead of you. In order for the decision to be fair and accurate, you and your spouse are required to list in the Arizona divorce papers absolutely all the property you own, including debt obligations. All property acquired by spouses in a marriage is considered common under low of the state. However, if you have anything bought before marriage or transferred to you by giving or inheriting, then this property is considered yours personally and can not be divided if you can prove to the court that your spouse is not involved in this property. Please note that everything you own should be listed in your divorce form documents. As you can see, the process of filling the Arizona divorce papers is rather complicated and time-consuming. If you need help with your paperwork, you can always use the services of online divorce in Arizona to be sure that your documents are drafted exactly as required by Arizona law.
Divorce without a lawyer If you apply for a divorce in Arizona, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Arizona can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.
Mediation Support in Arizona
In the state of Arizona, the spouses can use the services of mediators in case if they want or by court's order if the minor children are involved in the divorce.
Divorce Forms in Arizona Documents that you apply for divorce will depend on you and your spouse individual circumstances, as well as from the courts in which county you reside. In the Internet you may find a lot of different online forms, but it's better to connect with the expert in court to be sure that all papers are filled correctly. As an alternative, you can use the fastest way - service of online divorce in Arizona. Using Online Divorce service you can be sure that all papers for divorce are filled in the same way as it's required by the courts of the state of Arizona. Note that in Arizona there are many divorce form documents, as well as ways of how to fill them. Therefore, you will most likely need the help of a specialist if you want to formalize your divorce in Arizona. Please note that Online Divorce is always ready to help you, we will pick up exactly those documents that correspond to your divorce case, as well as fill them correctly. You can be sure that your Arizona divorce papers will be prepared in accordance with the requirements of the state quickly and efficiently. Service of Online Divorce will save you time, nerves and money when applying for a divorce in Arizona. You will not spend your energy on filling out documents that you find difficult to understand, we will do everything for you. You will only have to register your Arizona divorce papers in court and inform your spouse about the beginning of the divorce.
Uncontested Divorce in Arizona
Like most states, Arizona gives the opportunity to issue a ‘contested’ or ‘uncontested’ divorce. Uncontested divorce means that you and your spouse voluntarily agree to terminate your marriage, as well as you have decided on the custody of minor children, financial support for the spouse and child and the division of property. That is, you and your spouse do not have any disputable points when dissolving your marriage. If it is true, then the process of divorce in Arizona will be significantly accelerated, as the court will only have to review the case materials and make its decision. If you can not come to an agreement with your spouse and you have controversial questions, or if either one of you does not want to dissolve the marriage, then the court will hold a series of hearings on the basis of which judge will make a fair decision regarding divorce, division of property, custody of child and the award of child support or financial support. This type of divorce in Arizona will be called ‘uncontested’.
How to Serve Divorce Papers in Arizona
If you decide to apply for a divorce in Arizona, then by law you must provide copies of all the divorce form documents to your spouse. Arizona gives 120 days from the filing of documents to the court to notify the spouse of the beginning of the divorce. State law does not allow you to serve Arizona divorce paper to your spouse directly or by mail. You are required to use the services of serve or ask the sheriff to notify your spouse. After you provide the your spouse with the documents, you will need to wait at least 60 days for your divorce in the state of Arizona to be granted.
Divorce filing Fees in Arizona
Total fees will contain sum of Arizona court filing fees and cost of using the service of online divorce in Arizona. This cost may vary by county. Please check with your local court officer to determine the exact amount.