Getting started on a divorce in Arizona

May 18, 2013

Getting started on a divorce in Arizona

Article provided by Clark Family Law PC
Visit us at http://www.clarkfamilylawpc.com

Arizona spouses who decide divorce is inevitable will need to take steps to begin the legal process.

Many documents are required in all divorces

In Maricopa County the spouse who initiates a divorce--the petitioner--must file these documents with the clerk of court at the courthouse:
-Summons
-Petition for Dissolution of Marriage (Divorce) With or Without Children
-Notice Regarding Creditors
-Notice of Right to Convert Health Insurance
-Preliminary Injunction
-Family Court Cover Sheet

The Petition for Dissolution of Marriage contains a list of the relief the petitioner wants, including division of property and debt, child custody and support and other matters. If children are involved, other documents and information will be required.

After the papers are filed, they must be served on the other spouse--the respondent. The respondent has limited time to file an answer, and the court will schedule a hearing after the respondent's papers are filed. If a response is not filed, then by default the petitioner can schedule a court hearing 61 days or more after the date the original papers were served, to conclude the case.

Special considerations apply in covenant marriages

Initiating divorce is more complicated when a couple entered into a covenant marriage. Only a handful of states, including Arizona, allow this marriage option. People who enter into a covenant marriage agree that their marriage is for life and undergo extra hurdles before getting married. To obtain a marriage license under a covenant marriage, the couple must go through premarital counseling and submit a notarized statement from the counselor. They must also sign a copy of the covenant marriage declaration that is a part of Arizona law.

Divorce is not impossible for most couples who have a covenant marriage. If both agree, they can dissolve the marriage. If one spouse wants a divorce and the other does not, though, divorce is allowed under only a few specific conditions. The respondent must have done one of these things:
-Committed adultery
-Been sentenced to imprisonment or death for a felony-level crime
-Abandoned the marital home for at least one year
-Physically or sexually abused the petitioner, a child or a relative who lives in the family home
-Committed domestic violence or emotional abuse
-Regularly abused alcohol or drugs

It is also possible to obtain a divorce if the spouses have been living separately for at least two years. When a spouse in a covenant marriage files for divorce, it will be necessary to prove to the court that one of the conditions allowing divorce applies.

If a spouse in a covenant marriage prefers to obtain a legal separation, this will involve property division, custody and support determinations and separate living arrangements, just like divorce but without actually ending the marriage. A legal separation is possible under any of the same conditions that allow for divorce, and also if regular ill treatment by the respondent makes life intolerable for the petitioner.

Given the extra constraints individuals take on when entering a covenant marriage, it is wise to talk with an attorney before deciding whether this is the right kind of marriage for them.

When a person must initiate a divorce in any marriage, conventional or covenant, the assistance of an experienced family law attorney will be invaluable. An attorney can explain the process and provide support as the divorce moves through the system.