Pinal County Divorce: What You Need To Know

Learn about the various divorce laws in Pinal County, AZ by using this guide below.

Divorce Laws In Pinal County AZ

The two main types of divorce are uncontested and contested. With an uncontested divorce, the couple will agree to dissolve the marriage. Both parties will need to agree to terms on possession division while also filling out the necessary paperwork to complete the uncontested divorce process. Couples can wrap up an uncontested divorce with either a legal document preparer or attorney ensuring the paperwork has been filled out properly.

With a contested divorce, the couple disagrees on the proposed terms of the divorce. Division of assets and child support are two issues that are commonly disputed between couples. The typical divorce in Pinal County, AZ should include 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.

Arizona is a covenant marriage state. This marriage type can only end in a divorce under specific conditions. Spouses that have entered in this type of marriage will have to meet specific criteria to ultimately dissolve their marriage (A.R.S. §25-903 and A.R.S. §25-904).

What Is An Uncontested Divorce?

An uncontested divorce is obviously when neither party is in dispute. This makes for more simple court proceedings but obviously all the details need to be ironed out by the partners going their separate ways before agreeing to the divorce.

If the following has been addressed to everyone’s agreement – the first step is for one of the parties to commence the divorce filing:

• Child custody.
• Spousal support.
• Property division.
• Child support.

If all of these have been agreed upon prior to the filing of the divorce or if the other party does not make an appearance at the court hearing, the Judge can grant an uncontested divorce.

With lower legal costs and less attorney fees (as long a everyone agrees) it is the quickest way for separating couples to proceed. It is worth knowing information disclosed can and will be made public, including personal info and records of financial transactions. However, an uncontested divorce takes away the need for much of this, offering further privacy to everyone.

WHAT IS A 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.

Differences Between Uncontested And Contested Divorce

There are a few decisions that must be made during divorce proceedings. Whether or not the couples can agree on specific decisions will determine the type of divorce.

Let’s take a look at the differences between these two divorce proceedings:

• Uncontested: In an uncontested divorce, both spouses will agree on all aspects of the split. This includes child custody, child support, alimony payments, and property division. Going the uncontested route will ensure a much smoother and less expensive process.
• Contested: If the spouses disagree about important divorce aspects, it will be deemed a contested divorce. Disputes over child custody and property division are very common. A contested divorce process almost always ensures a longer and more expensive battle.

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.”

Divorce Cost With Attorney Vs Without Attorney

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.

Do I Need A Divorce Lawyer In Pinal 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.