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This website is designed to provide only general information pertaining to family law matters in the state of Arizona. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. Any information provided in this website shall not constitute legal advice nor establish any type of attorney client relationship. PERRY LAW FIRM, PLLC does not make any guarantee as to the accuracy or currency of any information contained herein or created through use of any link to another website contained in this website.
GENERAL TOPICS: Grounds for Divorce: Arizona is a "no-fault" State, meaning that the only grounds necessary to obtain a divorce in Arizona are that the marriage is "irretrievably broken" with "no reasonable prospect of reconciliation." You do not have to state any specific reason for the divorce, and your spouse is not required to agree to the divorce. Grounds for Annulment: In Arizona, the grounds for a legal annulment are that the marriage is null and void due to some impediment that prevented a valid marriage from ever taking place. Generally, the grounds for annulment are difficult to show except in very narrow, specific circumstances. Residency Requirements: The residency requirement is that at least one of the parties (not necessarily both) have lived in the State of Arizona for at least ninety (90) days prior to filing the divorce action. If only one of the parties lives in Arizona and the other party has not lived here at all, the Court will be limited in what property it can divide and what orders it can enter against the non-resident spouse, but the Court can dissolve the marriage for the person who lives here. Uncontested Divorce: Even if you and your spouse both agree you want a divorce, your divorce is only "uncontested" if you agree to every provision concerning custody, visitation, support, maintenance, and division of property and debts. If any of these matters are disputed and cannot be settled through negotiations, your divorce is NOT uncontested and a trial will be necessary. Domestic Violence: If your spouse has been physically violent to you, you can obtain an Order of Protection from the Court before or after filing for a divorce. You do not need to also file a divorce action to obtain an Order of Protection, although they can be filed at the same time. Who Should File: Currently, there is no legal significance with respect to whether the Husband or the Wife files the Petition. Waiting Period: No divorce can be granted until at least 64 days have passed since your spouse was served with the Petition. This is a minimum period of time. Most uncontested matters are completed three to four months after service. Contested matters can take as long as 12-18 months or longer, depending on the Court's calendar. The time that it will take to obtain a divorce varies with each individual case. The simplest case is based on a divorce by default (where the other party does not respond). A default divorce takes approximately 75 days to complete. If the case is by stipulation (where both parties agree on all terms), the proceedings may take as little as 65 days. However, if the divorce is contested (where the parties disagree on all or some of the issues), the matter can take several months or more. Court Appearances: The parties will not always have to appear in Court in order to obtain a Divorce. If the parties are divorced by default, only the party who filed the divorce papers (the Petitioner) will have to appear in Court for a quick hearing. If the parties are divorced by stipulation, usually neither party will have to appear in Court. If the divorce is contested, and the parties are not able to reach an agreement, the divorce will end up in Court. Conciliation Services: Arizona offers Conciliation Services free of charge through the Court system. Either party can use this process in an attempt to reconcile. If reconciliation is not an option, Conciliation Services will also help you and your spouse mediate child custody and visitation issues. Mediation is an attempt to get the parties to agree to custody and a parenting-time plan. Conciliation Services do not discuss or mediate support or property issues, although private mediation services are available for those issues at a cost to you. Dispute Assessment: The Court may, in its discretion, order a dispute assessment. The Superior Court provides certain programs to assist the Court in determining what is in the best interests of the children. One of these major programs, offered by Expedited Services, is a dispute assessment. A mental health provider employed by the Superior Court will interview both the parents and perhaps the children. The mental health provider may contact other persons that play a significant roll in the children's lives (i.e., teachers, etc.). The mental health provider may then provide recommendations regarding custody, parenting time, and other matters to the Court. There is no charge to the parties for this service. Custody Evaluation: The Court may, in its discretion, order a custody evaluation. In a custody evaluation, the Court assigns a private psychologist or mental health expert to make custody determinations and to provide recommendations to the Court. This is similar to a dispute assessment, as described above. However, the mental health expert is not employed by the Superior Court. Private custody evaluations are generally more involved than dispute assessments, and they consequently often take longer than a dispute assessment. The mental health provider may provide for psychological testing of the parents. They may obtain documents from the parties and other sources (prior counseling records, criminal records, etc.). They may interview the parties and children more often. They may contact people involved in the children's lives. They may determine whether one of the parties is attempting to alienate the children against the other party. Sometimes a dispute assessment is sufficient. Sometimes a private custody evaluation may be more helpful. Contrary to a dispute assessment, one or both of the parents must pay for a private custody evaluation. Such evaluations generally cost between $3,000.00 and $5,000.00. The costs may be divided equally between the parties, or may be divided in some other proportion. Occasionally, one party is required to pay for the entirety of the custody evaluation.
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