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Divorce And Legal Separation


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Divorce in Arizona

If you’re looking for an Arizona divorce lawyer, then you’re likely going through one of the most emotional and stressful times in your life. The decision to file for divorce is a difficult one, and you may be required to make painful legal and financial decisions that will impact your financial security, your children’s lives, your income and other aspects of your lifestyle. It is extremely important to know what you can expect before you begin initiating divorce proceedings.

What is a Divorce?

Simply put, a divorce refers to the legal dissolution of a marriage by a court procedure, while factoring in child support and custody, division of community property and debt, and if applicable, determination of spousal maintenance or alimony. In Arizona, a court will accept a divorce case only if one of the spouses has been a domiciled resident of Arizona for at least 90 days before filing the petition for divorce, or was stationed in Arizona while in military service, for a minimum of 90 days before filing the divorce petition.

What is a Legal Separation?

A legal separation is very similar to a dissolution of marriage or divorce, except that the partners cannot marry again. Every other aspect of a legal separation is similar to a divorce in terms of child support and custody, spousal maintenance, and the disposition of the property. Typically, both parties would need to agree to a legal separation.

Arizona Divorce Law

Arizona is a no-fault state, meaning that the spouse asking for a divorce does not have to prove that the other spouse did something wrong. There is also no requirement that the couple must live apart for a period of time before they can obtain a divorce in Arizona. Arizona is a community property state, meaning that there is a presumption that property you and your spouse acquired during the marriage belongs equally to both parties. Also, any debt incurred during the marriage are the equal responsibility of both parties. However, there are a few exceptions to this general rule, such as gifts and inheritances.

Get Legal Help with an Arizona Divorce or Legal Separation

Family law attorney, Austin White, will guide you through the divorce or legal separation process. We understand that each divorce or legal separation is unique, so we listen closely to every client and customize our representation to fit your needs. For more information, or to schedule a consultation with an experienced divorce lawyer, call (480) 788-0633 or fill out our online form here.