Complete Guide To Divorce In Maricopa County

Use this guide below for everything you need to know about the divorce process in Maricopa County, Arizona.

Understanding Arizona Divorce Laws

Typically, there are two kinds of divorce: uncontested and contested. In some cases, the married couple agrees on the divorce, which makes it uncontested. This type of divorce occurs when both parties agree to terms on the division of possessions and fill out all the required paperwork to complete the process peacefully.

It is possible to complete the uncontested divorce process with DIY paperwork and necessary filing fees. Either an attorney or legal document preparer can also ensure your paperwork is filled out properly. A contested divorce occurs when the parties ultimately disagree on the proposed terms of said divorce. Oftentimes, couples may disagree on child support, the division of assets, and spousal maintenance, among other issues.

The typical Arizona divorce process will involve the following steps:

• Couples gather all necessary information and documentation.
• Fill out appropriate divorce forms.
• File and serve the forms.
• Pay filing fees.
• Wait for a response.
• Attend the hearing.

In addition, Arizona is a covenant marriage state. This is a specific type of marriage where the married couple only agrees to divorce under specific conditions. Spouses in a covenant marriage must meet specific criteria to dissolve their marriage (A.R.S. §25-903 and A.R.S. §25-904). Covenant marriages are quite rare even in the state of Arizona.

Uncontested Divorce

If the terms of your divorce have been agreed upon from the start, your divorce may be considered “uncontested.” The paperwork establishing your agreements can be filed, and the case can be concluded without the involvement of a judge.

CONTESTED DIVORCE

A contested divorce occurs when both spouses cannot agree on one or more key issues necessary to finalize their separation. These issues can involve various aspects of the marriage, such as:

• Division of assets and debts: This includes property, bank accounts, retirement funds, and even household items. Disagreements about the value or ownership of these assets can significantly complicate the process.
• Child custody and support: If minor children are involved, reaching an agreement on their living arrangements, visitation schedules, and financial support becomes crucial. Disagreements on these matters can be highly emotional and require additional legal expertise.
• Spousal support: Depending on the financial circumstances of both spouses, alimony or spousal support might be a point of contention. Reaching an agreement on the amount and duration of support can be challenging.
• Negotiations are unsuccessful: Efforts to reach a mutual agreement through mediation or other alternative methods fail.
• Court involvement: The case goes to trial, where a judge will decide the disputed issues based on evidence presented by both sides.
• Longer and more expensive: Compared to an uncontested divorce, contested divorces take longer to finalize and incur significantly higher legal fees due to litigation costs and additional time spent preparing for trial.

Arizona Collaborative Divorce And Divorce Mediation

Collaborative divorce in Arizona is a private process that can pave the way to a peaceful divorce even if you and your spouse are not always on the same page regarding financial and child-related issues. Each spouse retains an attorney to represent their interests. In Arizona, divorce mediation occurs when a neutral third party works with both parties to facilitate agreement on divorce-related issues without the intervention of a judge.

Arizona Default Divorce

If you file a Petition for Dissolution of Marriage in Arizona and your spouse does not respond within 20 days (30 days if your spouse lives out of state), you may be able to petition the court to proceed “by default.”

Do I Need A Divorce Lawyer In Maricopa County?

You may not require the services of a divorce attorney in Arizona to dissolve your marriage. However, there are some circumstances in which hiring a divorce attorney would be prudent. For instance:

• Your spouse earned more money than you and you wish to seek spousal support.
• You’re concerned about how to divide marital property and assets.
• You or your spouse owe money and are unsure how to divide it.
• You have children and would like to learn more about how child support will be determined.

How To Use The Collaborative Divorce Process

Collaborative divorce can lead to a divorce relatively free of stress even when there is not complete agreement between the partners. A lawyer advocates for each party to come to conclusions. In mediation, a third party (strictly neutral) works with both parties to make agreements without the need for a judge.

If you believe you and your spouse can come to agreements on the important issues, then an uncontested divorce may be the best option for all parties involved.

Divorce Cost With Attorney Vs Without Attorney In Maricopa County

Filing for an uncontested divorce can be done either independently or with the help of online services. Choosing to go the independent route means you and your spouse can file all necessary paperwork at your local family court. This is where you’ll receive such forms as a divorce request and a parenting plan, if applicable.

Once submitted, you must adhere to the state’s waiting period before a judge makes the final decision. It’s crucial to understand your state’s laws related to child support, alimony, and the division of property. Online services can be utilized to guide couples through this process, which can make the paperwork easier. First, you must ensure online filing is permitted under your state’s laws. Most court filing fees will cost about $300, making uncontested divorce the most cost-effective option.

Choosing legal assistance for your divorce can be very beneficial, especially when there are some disagreements. In this situation, each party will need their own attorney, never shared. The attorneys will assist in negotiating aspects like child custody and property division.