If you are looking for a men's guide to divorce in Arizona, the following tips about the types of divorces, division of property and requirements for divorce should prove helpful. However, it is important to understand that no guide can substitute for the expert help of an attorney.
Types of Arizona Divorce
The state of Arizona recognizes both no-fault divorces and at-fault divorces.
- A no-fault divorce is when both parties agree that a relationship has been broken or become dysfunctional beyond repair, and have come to the decision that the best thing for both parties is to sever the tie of marriage to each other.
- For an at-fault divorce to be granted, on the other hand, one spouse must be able to prove that the other has committed an act of betrayal against the marriage. These acts can be anything from an act of adultery to drug abuse by the other party.
Division of Assets
Arizona is considered a “community property” state, meaning all of the personal property acquired by the couple during the course of the marriage will be divided equally between the two parties by the court if the couple cannot come to an agreement upon which party gets certain possessions. This also means that the court will return each party’s personal property owned before marriage upon the divorce being finalized, and will account for any property that may have been fraudulently hidden or destroyed if proof can be provided that it was once a part of the couple’s estate.
Assets accrued during the course of the marriage will be divided according to their worth rather than the number of items each party will receive.
Custody of Children
Arizona does not regulate or stipulate any custody arrangement according to the sex of the custodial parent. The court in Arizona looks squarely upon the best interest of the child, taking into consideration any wishes or agreements the parents may have or come up with regarding the custody of the child or children. If the parents cannot agree on the custody arrangement, the court will use its own discretion in deciding the custodial parent and schedule.
Arizona Divorce Time Frame
There is generally a 60 day “cooling off” period between filing for divorce and any court proceedings the divorce involves. This is to allow both parties time to think through their decision, and either decide to proceed with the action or decide to dismiss the filing. The court may also order a mediation counseling service intervention in cases where one spouse will not agree to the filing or sign any paperwork involving the divorce. A term of legal separation is also implemented if both parties agree to it, which often helps in resulting in the couple deciding that divorce is not their best option.
A couple may properly file for divorce at only one location, which is the superior court for whichever county the filing is occurring in. Any filing outside the county of residence will be denied.
Getting Help
As soon as divorce becomes a serious possibility, you should consult with a qualified and experienced family law or divorce attorney who specializes in men's rights. Your attorney can assist you in protecting yourself and your assets during the process of divorce.
