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Are you headed for divorce? Are you ready to file? If so, it’s important to know that in the state of Arizona, all divorce proceeding go forth as “no fault”. This means that no matter the circumstances, such as infidelity, the Arizona court does not take a side in the issue. Furthermore, this means that the judge won’t be hearing why you want a divorce, only that you seek one.
Sometimes an uncontested divorce gets confused with a no-fault divorce. The difference is that with an uncontested divorce, the other party does not object to moving forward with the divorce. In fact, the other party has 20 days to file a response. If they don’t, the divorce moves forward as uncontested, meaning the other party agrees to the divorce or has simply chosen to remain silent. Either way, the divorce will go through without fault blamed on either side.
No Fault Divorce Arizona
In the past, most divorces went forward with one party blaming the other’s actions as the cause of seeking a divorce. This is also referred to as grounds for divorce. However, in recent years, Arizona has become a no-fault state. As a no-fault state, a divorce in Arizona does not apply to a covenant marriage. This type of marriage makes up a small percentage of total marriages in Arizona and is defined by a legal obligation to agree to pre-marital counseling, along with a limited grounds for divorce, such as living apart for a year before filing for divorce. If your marriage does not fit under a legal covenant marriage, then your divorce will proceed as no-fault.
How Does No-Fault Divorce Work?
In the beginning, one party files a petition for a divorce and states the reason for the petition. Since Arizona is a no-fault state, the majority of these petitions are filed as stating the cause of divorce to be the fact that the marriage is “irretrievably broken” due to no fault by either party. From here, the other party will be served divorce papers and will be given 20 days to respond to the divorce petition. If the other party is served the papers out-of-state, they have 30 days to respond. If the other party does not contest the divorce, it will move forward in court.
Parties Agree to Divorce
In most cases, both parties will agree to move forward with the divorce. At this point, it is time to review settlement terms. This means that both parties must come to an agreement regarding the distribution of assets, child custody, debt assignment, child support, spousal support, and more. When both parties agree to a settlement, the divorce can move quickly. However, if the agreement in not sufficient for one side, the Arizona court will ultimately resolve this issue.
How Long Does a Divorce Take?
When both parties agree to a no-fault divorce and a settlement is reached, the divorce should only take a couple of months to complete. Although a no-fault divorce may seem simple, it is suggested you do not try to go through this time alone. Instead, use the reputable services of a divorce attorney to make sure your rights are protected during the entire process.
Contact a Divorce Attorney Today
If you are considering filing for divorce, contact The Sampair Group today at 623-777-3926. Our expert team of attorneys will help you file a petition for a divorce and help you reach a desirable settlement during the process.
