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Questions to Ask When Filing for Divorce in Arizona

(Last Updated On: May 12, 2015)

Filing for Divorce in Arizona

Filing for divorce is an emotionally painful process where you end a significant portion of your life, so you need to make sure you have thoroughly considered if it’s the right option for you.

If feasible, it’s usually worth considering legal separation first, as this divides property without the final dissolution of the marriage.

If you do decide to file for divorce, you need to ask your divorce attorney certain questions to ensure you are taking the necessary steps.

 

When Can You File?

In order to file for divorce in Arizona, either you or your spouse must have been an Arizona resident for at least 90 days. Arizona is a no-fault divorce state, so neither you nor your spouse needs to provide the court with a reason for your separation.

Instead, one of you may assert that your marriage is “irretrievably broken.”

However, if you and your spouse entered into a covenant marriage, then the party filing for divorce must cite certain grounds to terminate the marriage.

 

Do You Need Attorney Representation?

You are not legally required to meet with a divorce lawyer.

However, if you do choose to represent yourself, the court will still expect you to follow all of the laws and correct procedures in your case.

Failing to follow these procedures correctly can result in the loss of your rights and ability to request certain benefits forever.

Remember, the court personnel and judges are unable to offer you legal advice.

 

What if Your Spouse Doesn’t Agree?

Your spouse may request attending a conciliation meeting with court if he or she doesn’t wish to divorce.

This will put your divorce proceeding on hold for 60 days while the meeting takes place.

If you and your spouse do not agree to postpone divorce, the proceedings will take place following the meeting.


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chedule a free family law consultation with Thrush Law Group. Our attorneys treat every family law case with the caring, personal attention a family deserves.

We also understand that family law is a dynamic field that involves divorce, custody, and property division issues among a family.

Posted in Arizona, Phoenix, Tucson.