Sunday, December 25, 2011

Getting Divorced In Arizona

By Julio Arrant


Divorce is rarely an easy decision, but if you have reached the point where your marriage in no longer salvageable, it might be time to file for separation and divorce. For Tucson residents, the process includes several important steps.

Your first step should be to contact an attorney, one who specializes in Arizona divorce laws and Tucson divorce laws. Divorce laws are not the same throughout the United States as each state has its own regulations. Therefore, it is important to hire an experienced Tucson divorce lawyer to help you with this difficult process.

In Arizona, there is a residency requirement if you wish to file for divorce. At least one of the spouses must be a current resident of Arizona and have lived in the state for at least 90 days. If one spouse is in active military serving in Arizona, this spouse must have served for at least 90 days in Arizona. In addition to the residency requirement, there must be grounds for divorce, and these grounds vary upon which type of marriage you have. You will either have a standard marriage or, in Arizona, you also might have a covenant marriage.

According to Arizona law, within a typical, standard marriage contract, either party can seek to dissolve the marriage. Even if one party really does not want the divorce, the other spouse can still obtain a divorce. Arizona is a no-fault divorce state, so blame will not be leveled at either spouse. However, with a covenant marriage, divorce is a bit more difficult to obtain. Both parties must agree to the divorce, or one spouse must prove that there was physical abuse, adultery, substance abuse or abandonment in order to obtain a divorce without the other spouse's agreement.

Child custody and child support are two of the most important issues that will need to be dealt with during divorce proceedings. Because your children's care is so important, it is vital to have expert legal support for child custody and child support issues. An experienced Tucson family law attorney can help you create the best possible situation for your child or children.

Dividing up the community property is an issue that you must deal with, as well. Community property includes items that were acquired during the marriage, such as all of your bank accounts, furniture, cars, your house and many more items. Even retirement accounts can be considered part of community property. However, some items obtained during the course of a marriage might not be included, such as inheritance or gifts. In addition, other separate property will include items you owned prior to the marriage.

Each state has its own laws regarding the length of time between the day you file and the day you can dissolve a marriage legally. In Arizona, you must wait for at least 60 days after filing in order to be granted a divorce. The process can take longer, especially if there are any disagreements between the parties. An experienced Tucson attorney can make this whole process a great deal easier and less stressful. You shouldn't have to face divorce alone, and a good attorney can help you make the best possible decisions.




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1 comment:

Unknown said...

Great post!!Thanks for sharing it with us....really needed. Family law encompasses a wide variety of domestic matters including, but not limited to, divorce, custody, child support, spousal support (commonly known as alimony), and adoption. Because no two domestic matters are exactly alike, the family law process may be very stressful for some, and rewarding for others...tucson divorce attorney