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Common Causes of Divorce
Author Jonathan Roeder Posted on

Understanding the Unexpected: Common Causes of Divorce and How to Anticipate Challenges in Marriage

There are many benefits to getting married and staying married. For example, wedded couples are less likely to be depressed, distressed, or suffer from substance abuse. Of course, no one enters a marriage thinking that they will ever get divorced, yet divorce rates remain high in this country.

One way you can anticipate challenges – or maybe even improve your chances of staying married – is to understand the causes of divorce. Learn more about the most common reasons cited for divorce from the skilled family law attorneys behind Draft My Legal Docs.

Lack of Family Support

The first several years of marriage are often the hardest. This is often when children enter the picture, and rearing newborns and toddlers can add to the stress of marriage. Many young married couples struggle to navigate those challenges, especially when they lack family support.

Family support can come in many forms. For example, having a parent come to watch the children can provide important relief for working parents. In addition, observing successful marriages in the family can be key; doing so can help young couples remember that courtship and dating do not have to end once they get married. Both circumstances can keep the romance in the relationship strong.

Without support from family –whether it be financial support, advice, childcare, or even a positive example – couples are more likely to get divorced.

Extramarital Affairs

An extramarital affair can quickly sever trust between two spouses. Before states adopted no-fault divorce laws, affairs and infidelity were among the few reasons someone could file for divorce. Given the role of marriage in child rearing, it is no surprise that an extramarital affair remains a leading reason cited for divorce in this country.

However, in many cases, by the time an affair happens, there is often already trouble in the relationship. Affairs may occur because one partner believes they are not getting the attention, respect, and intimacy that they would like at home.

A lack of compatibility

Lack of Compatibility

A lack of compatibility could mean one of many things. Compatibility is generally thought to mean the ability to work together and get along in a range of areas. Often, people who say they are compatible with their spouse share similar personality characteristics with them. Compatibility also refers to the ability to have a disagreement and work through those differences without escalating the situation.

Sometimes, it is only after tying the knot that one or both spouses realize that they are not fundamentally compatible as a couple.

Lack of Intimacy

Although a lack of intimacy is often a symptom of other underlying issues in a marriage, missing this crucial component of a marriage can lead to divorce. All it takes is one partner to withdraw from acts of physical intimacy. The other partner may grow resentful or seek intimacy outside of the marriage. With open communication and possibly therapy, couples may be able to work through this problem without it ruining their marriage.

Too Much Conflict

In a healthy marriage, occasional arguments are not uncommon. They are often considered a normal part of any relationship. However, when conflicts escalate to the point where they occur on a daily basis, the constant stress and strain of verbal or physical altercations can gradually erode the foundation of the marriage. Frequent conflicts may signal underlying issues, such as unresolved anger or communication problems.

One or both partners may come to the realization that the ongoing tension and discord are unsustainable. In some cases, underlying anger issues or other unresolved conflicts may become more apparent, leading one or both spouses to recognize that living apart may be preferable to the daily turmoil within the marriage. This realization can ultimately prompt the decision to pursue divorce.

Financial Stress

Money can’t solve all life’s problems, but it can make marriage more sustainable. The opposite is true as well, as financial stress can lead to arguments at home. In addition, when the household breadwinner is unable to provide for their family comfortably, they may turn those feelings of shame into more dangerous habits like drinking or verbal abuse.

Financial Stress

Financial stress makes planning for a brighter future more difficult, if not impossible. With no hope for improvement, many couples decide that divorce is the best option. Sometimes, those decisions are made in hopes of a better economic future.

Lack of Commitment

Marriage is regarded as one of the most significant commitments an individual can make in their lifetime. It is a journey filled with highs and lows, and few would claim that maintaining a marriage is easy. Most couples recognize that a successful marriage requires ongoing effort and dedication.

Each challenge that arises within a marriage presents an opportunity for growth and strengthening the marital bond. Couples who actively work on their relationship, communicate openly, and navigate obstacles together often emerge with a deeper connection and greater resilience.

Unfortunately, when one or both spouses lack the commitment or willingness to invest in the marriage, the relationship can deteriorate. Conflicts may go unresolved, trust may diminish, and emotional distance may grow. As the marital foundation weakens, the relationship may reach a point where continuing the marriage becomes untenable.

Parenting Differences

Once children come along, differences in parenting can cause division in the relationship. This could involve disagreements on discipline, education, values, or even fundamental parenting styles.

The resulting tension and lack of agreement on crucial parenting decisions can lead to communication breakdowns, resentment, and feelings of being unsupported. These conflicts may erode the marital bond and contribute to marital dissatisfaction, potentially leading to divorce.

Marrying Too Young

As we age, our values and expectations evolve. Someone who may have seemed like a lifelong partner at age 22 may be incompatible ten years later. Some spouses are able to grow together even as they grow in their own unique ways. Other married couples are less able to sustain their relationships as they grow as individuals.

Opposing Values or Morals

Most couples are aware of where they stand in their relationship with their partner when they get married. Still, seemingly minor differences over religion, politics, and other areas can become serious problems during marriage. In some cases, one or both spouses may evolve in their religious and moral views and beliefs.

Even when these differences did not seem like a serious problem at first, opposing values or differences in morality can gradually erode the bond that keeps a marriage together.

Substance Abuse

Substance abuse can be the root cause of a divorce, or it can lead to behaviors that ultimately make a marriage untenable. For instance, substance abuse can lead to financial stress, health issues, disengagement with one’s partner, and even abuse or neglect. Still other issues precipitated by substance abuse may include infidelity, parenting differences, and more.

Domestic Violence

Physical violence is unacceptable in any situation. Sadly, it can be a common occurrence that brings about the end of a marriage. The abuser may ultimately end up facing criminal charges for domestic violence. Spousal abuse can go on for years or longer before one partner is mentally and financially prepared to leave.

Keep in mind that domestic abuse need not be physical to negatively impact marriage and both partners. Emotional abuse can be extremely taxing on both physical and mental health. Furthermore, domestic abuse can also cause divorce when it occurs between a parent and a child. Remember, the National Domestic Abuse Hotline is available 24/7.

Pursuing Different Lifestyles

There are any number of reasons that someone may pursue a different lifestyle later in life. When those changes prove too drastic, the marriage can fall apart. Someone may realize they have hidden some part of themselves for too long. Or they may resent having to live a certain way just for the sake of their marriage.

Pursuing Different Lifestyles

Top Reasons People Marry

Understanding the causes of divorce is important for keeping a marriage healthy. It is also important to understand the reasons people marry in the first place.

When these main motivators disappear, marital strain can also occur:

  • Financial Security – There are many financial advantages to marriage. Tax savings, tax credits, lower overall costs, bundled services, and collective buying power are just a few of the benefits that can motivate someone to get married.
  • Companionship – Humans are social creatures who generally do not like being alone. Many people seek marriage as a way to have a companion to spend time with and socialize with.
  • Family – You do not have to be married to start a family, but getting married makes raising a family much more enjoyable and manageable. Many people enjoy the idea of a traditional marriage where both parents live together and raise children.
  • Emotional Security – Marriage can provide the reassurance and security you need so that the relationship is viable in the long term.
  • Medical Insurance – For someone with a serious illness or condition, medical insurance via a spouse’s plan can literally be a lifesaver.
  • Societal Pressures – The pressure to marry generally falls heavier on women than men, but both genders notice increased pressure as their peers find spouses and they don’t. Whether the pressure originates from church, family, or popular culture, getting married is an expected step for adults living in the United States.

Leading Causes of Divorce FAQs:

If you are considering divorcing your spouse or are in the process of going through a divorce, you are probably wondering how many people are going through the same process and why it occurred.

What Percentage of Marriages End in Divorce?

It is difficult to determine how many marriages end in divorce, especially because many divorces occur in second or third marriages. However, according to the CDC, around 22% of marriages end within the first five years. That number includes marriages that end in separation, divorce, or death. The percentage jumps to 58% over 20 years.

What Is the Top Cause of Divorce?

According to research, nearly three-quarters of participants listed a lack of commitment as the reason for their divorce. When one or both spouses are unwilling to work through difficult challenges, the marriage can crumble. A lack of commitment in the marriage can be a symptom of larger problems, such as incompatibility and other issues.

Why Do Most People Get Divorced?

Most people get divorced because they realize that their marriage is no longer tenable. This could be because they are fundamentally unhappy with their marriage, facing daily abuse by their spouse, or realize that they are simply not good life partners. Something sudden and upsetting, like an affair or drug abuse, can also upend a marriage. All of these reasons may contribute to a perceived lack of commitment.

Why Do People Get Divorced After 10 Years?

People who are able to stay married for ten or more years are often more likely to remain married. This is because many of the upfront challenges of marriage (balancing careers, child-rearing, learning to compromise) have subsided. Still, later adulthood can pose new challenges to marriage. One spouse may resent giving up their career or ambitions and find that their mid-life crisis leaves them questioning their marriage.

At What Age Is Someone Most Likely to Get Divorced?

The most common age at which someone is likely to get divorced for the first time is around 41 – just over 42 for men and just over 40 for women. This demonstrates a marked increase, as the most common age to get divorced was closer to 30 in the 1970s. The rise may be attributed to the rise in divorces after 50.

Learn More About How Draft My Legal Docs Can Help You in Court

Draft My Legal Docs combines the cost savings of DIY templates with the many benefits of working with a lawyer. You won’t have to pay high fees for our services, but you can trust that an attorney will draft and review every document created.

Divorce Documents

Online document generators may seem to offer similar services on the surface, but their templates are not case-specific; they may not even have the most current templates available. The family court system is continually adopting new guidelines, laws, and changes to the family code that can only be monitored by a skilled attorney. Draft My Legal Docs is operated by licensed attorneys who stay current with new laws as they change and evolve.

We are here to help you navigate the family court system confidently. By working with Draft My Legal Docs, you can benefit from expertly drafted documents reviewed by professional lawyers. To learn more about how Draft My Legal Docs can serve you, schedule a consultation today.

 

 

Resources:

  1. Divorce Statistics: How Many Marriages End in Divorce? (2016, May 17). Psych Central. https://psychcentral.com/health/the-myth-of-the-high-rate-of-divorce#first-year-of-marriage
  2. ‌NSFG – Listing D – Key Statistics from the National Survey of Family Growth. (2019, November 6). Www.cdc.gov.  https://www.cdc.gov/nchs/nsfg/key_statistics/d.htm#divorce
  3. ‌Scott, S. B., Rhoades, G. K., Stanley, S. M., Allen, E. S., & Markman, H. J. (2013). Reasons for divorce and recollections of premarital intervention: Implications for improving relationship education. Couple and Family Psychology: Research and Practice, 2(2), 131–145. https://doi.org/10.1037/a0032025
  4. ‌Gandhi, B. (2023, September 6). These are the top causes of divorce, according to a dating coach. TODAY.com.   https://www.today.com/health/causes-of-divorce-rcna103666
  5. ‌In What Year of Marriage is Divorce Most Common. (2020, November 26). Marriage Advice – Expert Marriage Tips & Advice. https://www.marriage.com/advice/divorce/what-year-of-marriage-is-divorce-most-common/
  6. ‌Median Age at First Divorce, 2020. (n.d.). Bowling Green State University. https://www.bgsu.edu/ncfmr/resources/data/family-profiles/julian-median-age-first-divorce-2020-fp-22-23.html
Contested Divorce Filing in Arizona
Author Jonathan Roeder Posted on

Filing for a Contested Divorce in Arizona

Going through a divorce can be an emotionally overwhelming and time-consuming process. It can also prove to be equally as financially straining if the spouses cannot come to an agreeable resolution and are required to take their case to trial or extensive mediation. However, for some married couples, divorce is still the best path forward for both parties involved. Nobody gets married expecting it to end this way, but the reality is that divorce is quite common.

If you are thinking about ending your marriage, then it is crucial that you understand how the legal process works, how to properly file for divorce, and the various legal paperwork involved to proceed with your dissolution of marriage.

What Is a Contested Divorce?

In Arizona, a contested divorce is a type of divorce where the spouses involved are not able to come to an agreement on the terms for settling one or more of the financial or parenting-related issues that are critical to formulate the divorce decree. Some terms that are commonly disagreed upon are alimony payments, child support, parenting time, division of marital property, division of marital debt, and similar important elements associated with the dissolution of a marriage. The failure to reach an agreement on just one of these important issues can mean a contested divorce.

When spouses are unable to reach an agreement, then the case may be sent to trial, where the issues at hand will be decided by a family court judge. Because of the need to go to trial, these contested divorces are often far more expensive and can take substantially longer than uncontested divorces, where both spouses are able to reach a complete agreement regarding the terms of the end of the marriage. An alternative is mediation, which can help the couple avoid litigation but still takes time for a settlement to be reached.

Establishing Grounds to Filing for Divorce in Arizona

If you intend to file for divorce in the state of Arizona, you must be able to specify and establish the grounds on which you wish to dissolve your marriage. What this means is that you need to provide official legal justification as to why your marriage is irrevocably broken and should, therefore, be dissolved.

Arizona is a no-fault state, like many others in the US, which means that only one of the involved spouses needs to establish grounds for divorce in order for the court to grant them a divorce. These grounds can be as simple as irreconcilable differences, since neither spouse must prove that wrongdoing by the other necessitated the divorce. However, if you and your spouse have previously entered into a covenant marriage, then different rules will apply to you should either of you wish to file for a divorce.

A covenant marriage is essentially a premarital arrangement where both of the marrying spouses agree that their marriage will last for the rest of their lives. This agreement includes pre-marital counseling prior to their wedding, as well as marital counseling and other necessary steps when they are considering a potential divorce. There are only three states in the US that currently recognize covenant marriages, which are Arizona, Arkansas, and Louisiana. However, a covenant marriage can still provide legal grounds for divorce, but only in a limited number of scenarios.

Here are the scenarios in which a covenant marriage can legally file for divorce in Arizona:

  • A spouse has committed adultery
  • A spouse has committed a felony or is imprisoned
  • A spouse is habitually abusing alcohol or illegal substances
  • A spouse has committed physical, emotional, or sexual abuse against the other spouse or a child
  • Both spouses have lived separately continuously for at least one year from the time of abandonment or legal separation
  • Both spouses have lived separately continuously for at least two years total without reconciliation
  • Both spouses agree that their marriage has irreconcilable differences and wish for it to end

Once you and your to-be spouse agree to enter into a covenant marriage, the marriage becomes legally official at the time of your wedding. You cannot simply change your mind on that decision at the time of your divorce proceedings and must proceed with a covenant divorce.

Filing For a Contested Divorce in Arizona

Filing for a Contested Divorce

In order to properly begin the legal process of divorce in Arizona, you must first file to dissolve your marriage in the county in which you or your spouse currently live.

Depending on the overall circumstances of your marriage, the legal documents that are required to be included with your divorce filing paperwork include the following:

  • Petition for Dissolution of Marriage With or Without Children
  • Payment Information Program Order and Notice
  • Affidavit of Minor Children
  • Notice Regarding Creditors
  • Notice of Right to Convert Health Insurance
  • Summons
  • Preliminary Injunction
  • Family Court Cover Sheet
  • Sensitive Data Sheet

This is an essential first step in the divorce process and must be done properly before wishing to proceed any further. To do so, you must submit all required paperwork directly to the county’s Clerk of the Court, which typically includes a filing fee unless doing so would bring you financial hardship. In that case, you can request a fee waiver.

To ensure that your divorce filing and accompanying paperwork is filed accurately, completely, and in a timely manner, it’s highly recommended that you seek legal assistance. At Draft My Legal Docs, LLC, all your essential legal documents are drafted and reviewed by licensed attorneys. Your documents are customized to fit your unique case and available at a fraction of the price of hiring an attorney directly, oftentimes within 72 hours.

For more information about beginning the divorce filing process, check out our divorce guide.

Serving Divorce Paperwork in Arizona

Once your legal divorce paperwork has been properly filed with the county’s Clerk of the Court, your spouse must be provided with notice and informed that you have officially filed for dissolution of your marriage.

Here are some of the common ways that you can legally serve your spouse with divorce paperwork in Arizona:

  • Acceptance of Service – This is typically the most common approach, in which your spouse simply signs the paperwork in the presence of a notary to officially acknowledge that they have received and accepted the divorce paperwork.
  • Service by Mail – You can also send the divorce paperwork by mail to your spouse, but you must receive a signature from them with confirmation that they have received and accepted the papers.
  • Service by Process Server or Sheriff – If your spouse is not willing to sign the divorce papers in the presence of a notary or by mail, then you have the option to pay a professional process server or a registered sheriff to serve the papers to your spouse and ensure that they are received.
  • Service by Publication – This method is usually used as a last resort when your spouse has been unresponsive or unwilling to receive or accept the divorce paperwork, or you are unable to locate them. In this case, you can provide official notification by publishing the divorce papers via public means, such as a newspaper.

Once your spouse has responded to being served the divorce papers accordingly, the divorce proceedings will now be able to move forward. Your spouse will typically have a time period of 20 days to respond to or sign the divorce papers after having received them (30 days if they currently reside out of the state). If they fail to respond within that period of time, then your divorce may be granted by the court by default, which means that you could achieve a divorce on your terms.

Draft My Legal Docs, LLC can help serve your divorce documents to your spouse in compliance with Arizona law, as well as draft and review any other family law paperwork that you need in order to start or modify your divorce paperwork.

Legal Proceedings in Arizona Contested Divorce Cases

When spouses are unable to agree upon the terms of their divorce, whether during negotiation, mediation, or some other method, the contested divorce will then be brought to trial. During this litigation stage, both sides will present their various testimonies and evidence in court before a family court judge in order for an official legal ruling to be made.

Based on the presented evidence and specific circumstances of your case, the family court judge will make final decisions on all unresolved issues of the contested divorce.

Some of the common issues include the following:

  • Alimony or Spousal Support
  • Parenting Time
  • Child Support
  • Division of Marital Property and other Marital Assets
  • Division of Marital Debt

During the presentation of evidence and testimonies in court, the legal representation of either party will often use the following elements in order to strengthen their case:

  • Financial records of either spouse to provide transparency of income and verification of marital assets
  • Character witnesses testifying on a spouse’s character and overall credibility
  • Mental health experts, such as psychiatrists and psychologists, to testify on either spouse’s mental stability
  • Arguments of alleged misconduct, such as infidelities or substance abuse, during the course of the marriage

Divorce cases are known to be a lengthy, complex, and emotional process, especially given the argumentative nature of contested divorces.
Draft My Legal Docs provides 24/7 support, and our licensed attorneys are able to draft and review most documents within 72 hours. This can provide divorcing spouses with peace of mind that their legal paperwork can be handled in an efficient manner.

Contested Divorce FAQs

FAQs for a contested divorce

How Long Does a Contested Divorce Take in AZ?
In Arizona, a contested divorce can typically be anywhere from six months to two years in length, depending on how long it takes to resolve the particular disputes between the two parties. On average, most contested divorces in Arizona end up taking between about eight to twelve months. This time frame generally begins with the initial filing for divorce.
How Much Does a Contested Divorce Cost in Arizona?
On average, a contested divorce costs between about $15,000-$20,000 in Arizona but can ultimately range anywhere from $5,000-$30,000 depending on the various complexities of the divorce. By contrast, an uncontested divorce is typically much cheaper by avoiding trial and is usually closer to $5,000 in cost, while a divorce mediator generally costs around $7,500, depending on the complexities of the divorce and the rates for attorney and court fees. You can avoid much of this expense by hiring a legal document drafting service to complete your documentation for you.
What Is the Difference Between Contested and Uncontested Divorce in Arizona?
A contested divorce is defined as a divorce when the two spousal parties cannot come to agreeable terms in the dissolution of marriage without the help of an attorney. An uncontested divorce occurs when both spouses reach a complete settlement agreement regarding the terms of the dissolution of marriage. Uncontested divorces are generally preferred because they require far less time and money by settling outside of the courts and not going to trial.
Can You Fight a Divorce in Arizona?
Yes, you are able to fight a divorce decision in Arizona by appealing a divorce judgment. Either spouse involved is able to appeal a divorce judgment; however, the appeal can only be concerned with the way that a judge applied the law in their family court ruling or mistakes during the trial. Appeals are not based on whether or not the outcome was favorable to the appealing spouse.

A Document Drafting Service Can Be an Affordable Solution

Document Drafting Service is an affordable solution

Divorce can be an incredibly difficult ordeal for anyone to navigate. Naturally, it is already an extremely personal and emotional process, and the official paperwork and various legal proceedings can add an inconvenient and rather unnecessarily time-consuming workload to your already full plate. Balancing these personal, legal, and financial responsibilities while maintaining your current professional duties can feel quite burdensome for any person, especially if children are involved.

Draft My Legal Docs is here to help you draft and review all the legal documents you need at each stage of the divorce process, whether you’re looking to file for divorce or modify already existing documents. Open 24/7, we offer customizable and affordable solutions that focus on efficiency while providing you with the peace of mind that all of your necessary legal documents are drafted and reviewed by licensed attorneys. Divorce is hard enough; so let us help make the paperwork easy for you.

Legal Separation vs Divorce
Author Jonathan Roeder Posted on

Legal Separation Versus Divorce in Arizona

While the vast majority of couples begin marriage with the intent that it will last forever, this is often not the case. When events, disagreements, or personal differences bring about the end of a marriage, the couple must decide whether to divorce or legally separate. Neither decision is an easy one to make, and couples may be uncertain which one is ideal for their situation.

If you’re uncertain whether divorce or separation is a better fit for you, Draft My Legal Docs can help. Learn more about the legal implications, requirements, and characteristics of the two.

Understanding Legal Separation

Legal separation is a legal process that allows a married couple to officially separate in the eyes of the court without filing for divorce. The couple is still considered married, and they can either reconcile or opt for divorce down the line. Legal separation is an alternative to divorce that couples must agree to; therefore, they must finalize a legal separation with a separation agreement.

Separation agreements outline all of the relevant terms of the separation, similar to what is outlined in a divorce decree.

These agreements usually cover:

  • Child custody
  • Child support
  • Spousal support (alimony)
  • Parental responsibilities
  • Division of marital property
The legal system in Arizona is highly detailed and must be approached with care. It is crucial to draft separation agreement paperwork correctly, or you risk making the legal process longer and more difficult. It is recommended that you pursue high-quality services to draft your legal documents so you can streamline the process and ensure all your paperwork is accurate.

It is important to remember that when you obtain a legal separation, your marriage is neither fully dissolved nor does it exist on the same grounds it did during the regular course of the marriage. Neither spouse may remarry unless you proceed with a divorce.

Legal Separation FAQ

Legal Separation FAQs

These are some common questions people have surrounding legal separation.

How Long Does It Take to Legally Separate?
If you and your partner have agreed to everything discussed in the separation agreement, it can take 60 days after the petition has been filed to become legally separated. However, it could take longer than 60 days to have your status changed if your case goes through litigation.

Litigation occurs if there are still legal issues to resolve, and you would need to hire an attorney to represent you in court. There, they would argue for your case to try to resolve the matters, which can take extra time. Also, if you do not file your paperwork early or if something is inaccurate, this could extend the time it takes to become separated.

Why Do People Separate but Not Divorce?
Some couples believe ending their marriage is the only way to move forward and live healthier, more fulfilling lives. However, divorce is not the only option, and many of these couples opt instead to separate. Couples may not want to go through a divorce for a wide range of reasons, all of which you should consider before making a decision.

Religious Concerns

Some religious groups forbid divorce, no matter your circumstances. If your religion does not allow you to divorce, you may be allowed to pursue legal separation instead.

Health Insurance/Tax Reasons

You may have access to health insurance benefits while your partner does not, or vice versa. If your partner has medical issues and relies on your insurance, you may agree to separation so they can maintain their benefits. This is in stark contrast to divorce, which requires both spouses to seek their own health coverage. Similarly, separated couples may continue to file taxes and make medical or legal decisions together, while divorced couples do not.

Property Considerations

In a divorce, the property is distributed between the two individuals according to Arizona’s community property laws. During a legal separation, your assets and debts will be kept separate, and a full division of property may not need to take place. Any property you obtain from the date of the separation moving forward will remain separate property. \

Testing the Waters

While legal separation is a legal process in and of itself, it is less expensive than divorce. More importantly, it can be reversed. Many couples choose to use a legal separation as a trial run to decide whether they truly want to pursue divorce.

Do I Have to Support My Spouse If We Are Separated?
In some cases, you may be required to financially support your spouse if you are separated, though this isn’t always the case. If your spouse relies on you financially and cannot support themselves, you may be required to pay spousal maintenance, also known as spousal support or alimony. There are other factors, such as how long you’ve been married, that could influence how much you’ll be required to help your partner. It is crucial you have the right paperwork to prove your case if you require alimony, and our team can assist you in this process.
What Are the Disadvantages of Legal Separation?
While legal separation could be seen as more advantageous than divorce, this process does not come without some drawbacks. Couples who intend to separate should consider these disadvantages of separation before agreeing to file.

If you’ve met someone else while separated and wish to remarry, you cannot do this unless you are divorced. Legally, you and your spouse are still married, which could be frustrating if one spouse wants to marry someone else. If you wish to remarry, you must go through the divorce process.

Extra Costs

If you do decide to divorce after being legally separated, this could be more expensive compared to divorce without separation. Because you’ll essentially be going through two legal proceedings versus one, costs can begin to rise. Also, the decision could impact your emotional and mental health, as these are challenging and time-consuming processes to complete.

Is It Better to Stay Separated or Divorce?
Every couple has their own circumstances and goals, so not every couple will benefit from a separation. However, some couples may feel staying separated could be the more beneficial option.

If there is potential for reconciliation and neither spouse has the desire to remarry, staying separated may be your most optimal choice. You and your spouse may have discussed in the past that you both want time away from each other but may be able to resolve your issues in the future. This can take time, and the process isn’t easy. In fact, many couples attend therapy to work out their issues and determine how to move forward.

Sometimes, you may not feel emotionally ready to divorce. In this case, it is crucial you don’t push yourself toward divorce if you aren’t ready for it. Separation may help couples deal with their emotions and figure out what they want in their lives.

Understanding Divorce

Unlike separation, a divorce legally dissolves the marriage, which means either spouse can remarry once the divorce becomes final. Some couples opt to dissolve their marriage entirely as there is no chance to reconcile or resolve certain issues. Couples may have been separated for a full year and have made the difficult choice to divorce after failing to resolve any lingering disputes or problems.

Divorce can be complex for both spouses involved, and the situation can have a significant impact on your children as well. While the process is never easy, learning more about divorce may make the aspects simpler.

Divorce FAQ

Divorce FAQs

It is crucial to understand divorce and legal separation before making your decision.

Is Divorce Right for Me?
Some couples feel the benefits of legal separation are enough to eliminate the need to file for divorce. However, your circumstances may be different, and divorce may feel like the only way forward. There are a few reasons couples may choose divorce over legal separation, and we’ve outlined a few below.

No Way to Reconcile

Some couples cannot resolve their issues by any means. If legally separating and taking time away from each other isn’t effective, or the couple doesn’t believe this would help, they may file for divorce instead.

Different Financial Concerns

As previously mentioned, some couples who believe they can reconcile in the future may separate so one partner can still receive certain financial benefits. For example, if someone receives health insurance through their work, their partner can stay on their health insurance if they don’t have adequate coverage.

Conversely, if a couple can support themselves individually, they may not consider separation when they believe they’ll only divorce later on. If you cannot repair your marriage and finances aren’t a concern, divorce may be your best option. There are strategies you can use to prevent your divorce from wrecking your finances.

You Can Remarry

If you choose legal separation, you cannot remarry, as you’ll still be considered married to your partner. However, if you wish to remarry, you must be legally divorced. Divorce fully dissolves your marriage, and both partners may remarry if they wish.

Can I Reverse a Divorce?
While a legal separation can be ended with a simple court motion, a divorce is permanent. If you complete a divorce and wish you had remained married, it is important to know that divorce decrees are extremely difficult to appeal. In most cases, you’ll need to remarry.
Does Child Support Change With Divorce?
While Arizona may not have required you to pay child support if you remained in the same household, divorce and living in separate households will make a reevaluation necessary. During divorce, the court will use the state-approved calculator to determine which party is entitled to child support and how much. The final decision will be made before the divorce decree is issued.

What We Can Do For You

Legal separation may be your best option if you and your partner need time away from each other yet don’t want to miss out on key benefits. You may be able to rekindle your relationship and move forward without ever needing to go through the divorce process. Alternatively, you may decide to move forward with divorce to permanently end your marriage.

Regardless of whether you’ve chosen legal separation or divorce, you need accurate and high-quality legal documents at every stage of the process. Draft My Legal Docs can create documents for pre-nuptial agreements, mediation, annulment, and more. Our skilled attorneys have the experience and credentials necessary to assist you with your divorce or separation. If you wish to go through your process in a do-it-yourself manner, we can provide you with the right documents and help you fill them out accurately.

Contact Draft My Legal Docs Today

Contact Draft My Legal Docs Today

The team at Draft My Legal Docs is ready to help our clients submit error-free paperwork for divorce, legal separation, and many other Arizona Family Court proceedings. Our licensed attorneys have years of experience helping couples who are going through a divorce or legal separation navigate the family court system. We can help you draft any legal document within a 72-hour timeframe.

Contact us today to learn more about how we can help.

Affordable Family Law Services in AZ
Author Jonathan Roeder Posted on

Affordable Family Law Services in AZ

When a legal dispute arises regarding a family matter like divorce, separation, alimony, or grandparents’ rights, you’ll likely consider hiring a family lawyer to assist you. However, some individuals forgo seeking help due to financial concerns. While many may believe navigating a family law matter on their own can save them money, the opposite is actually more likely to occur. Family lawyers are trained and experienced in building solid cases to earn compensation for their clients, as well as protect their rights when faced with opposition.

We would like to outline some money-saving tips for hiring a family lawyer to defend you, but we also want you to consider working with our team. Draft My Legal Docs provides Arizonans with a vast array of legal documents necessary to address family law situations, all available with expedited turnaround times. Not only can we provide you with excellent solutions for your family dispute, but we can do so while saving you money.

How Much Does a Family Lawyer Cost in AZ

First, it’s important to reiterate that no family law firm is exactly the same as the next, meaning they’ll all charge different amounts for their services. However, this doesn’t mean you can’t find a family lawyer for an affordable price.

On average, a family lawyer can cost about $250 per hour. However, lawyers may charge up to $600 per hour in some cases. The amount charged can change depending on your scenario and how long your case will take to complete. For instance, if you’re looking for services for a very straightforward case, a lawyer may only charge $250 per hour, and if they’re only needed for a few hours, you may not even spend a full $1,000. However, if you need full representation for a family dispute that lasts several months and requires the collection of evidence, interviewing witnesses, financial disclosures, and more, expect to pay quite a bit more.

This may sound unappealing, and we understand why many feel this way. However, the peace of mind and full services, plus secure protection and safety down the line, may be what you need to proceed with confidence. Family lawyers can be pricey, but if you research your options and determine exactly what you need help with, this might present long-term benefits for you and your family.

Can I Seek Legal Advice for Free?

You might wonder how to get free legal advice in Arizona, and while this is technically possible, the advice and experience a lawyer can provide are much more beneficial. That said, you can contact certain organizations and browse the free legal services they provide. It’s important to remember that these are indeed free, so while they may prove helpful, a lawyer can address more precise details of your case that free services may not cover.

Can I Seek Legal Advice for Free

What Is the Average Cost of Divorce in Arizona?

Divorce is by far the most common family law matter in Arizona. As with any family lawyer, there is no set amount of how much they will charge for their services.

There are multiple factors that can influence the final cost of both a divorce and the legal fees, including, but not limited to:

  • How many children the couple has
  • Business interests, debt, and properties
  • Significant assets such as retirement funds and bank accounts
  • Litigation

Still, the average cost of a divorce in Arizona totals around $20,000 per spouse, and if your case proceeds to litigation, the total can exceed $40,000. If this seems unattainable to you and you’re wondering, “What is the cheapest divorce in Arizona?” know you can spend as little as $620 on divorce without legal assistance. However, while this may sound enticing to some couples due to the significantly lower price, attempting to go through a divorce without any legal support is both challenging and risky. DIY divorces are incredibly rare in Arizona, and some couples who go through the process this way may not end up with the most favorable results after the divorce is finalized.

Overall, the longer the amount of time it takes to get through your divorce, the more you may have to spend on legal fees. However, it’s crucial to consider legal representation and services so you don’t put yourself at any unnecessary risk.

How To Keep Your Divorce Costs Down

Divorce is likely an emotionally challenging and stressful time for you and your family. It’s understandable why many people wish to keep divorce lawyer costs as low as possible as they heal from this situation. Perhaps even more importantly, keeping costs low may prevent financial strain down the line.

How To Keep Your Divorce Costs Down

The most efficient way to prevent your divorce costs from rising is to refrain from engaging in unnecessary arguments with your partner. For example, rather than arguing over who owns each possession, leave it to your lawyer to investigate the situation and make the decision according to Arizona’s community property laws. Even better, consider engaging in mediation to solve these issues before litigation becomes necessary. Otherwise, undecided issues must be brought forth to a judge, which can be expensive and unnecessary. ‘

Finally, it’s imperative you are honest and open with your lawyer. Their goal is to help you maintain as many of your rights as possible through this process. Make sure you are forthcoming with all information to make the process go quickly and smoothly.

The Best Tip for Reducing Family Law Fees

While there are strategies you can keep in mind that help reduce your family lawyer costs, there’s one in particular that can benefit you the most: this involves reaching out to the skilled attorneys at Draft My Legal Docs for legal document drafting.

We know how confusing and detail-oriented legal issues can be, but you don’t need to navigate them alone, even if you don’t want to spend money on a full-service attorney. While legal documents can be roadblocks in your case if you complete them inaccurately or fail to file them on time, hiring a legal document service like Draft My Legal Docs can ensure you don’t negatively affect the outcome of your case. Rather than risk losing property or a reduction in child custody due to a miscommunication or documentation error, allow us to help you be successful in the family courtroom.

The legal system in Arizona can only run efficiently with precisely crafted, accurately filed legal documents. Whether these are the initial claims you’re filing for child custody or documents needed to access evidence, we have everything you need to navigate your family matter with ease.

How Does This Work

When you contact the fully licensed attorneys at Draft My Legal Docs, we’ll send you a questionnaire so we can develop a picture of the nature of your case. You’ll tell us about your family law situation, whether it’s divorce, alimony, child custody, or other related matters. After we’ve heard what we need from you, we’ll send you the appropriate documents to fill out prior to your court appearance. However, you won’t be filling these out by yourself; our licensed attorneys, who are well-versed in family law, will instead draft all the documents you need.

Filling out questionnaire

Regardless of whether you have concerns about how to answer the questions on a particular document or simply need help keeping your forms accurate, we can assist you via phone call, email, or through our online chat service. You also have the option to update your document, so if something needs changing, a qualified attorney can address your concern.

How Does This Save Money?

When you submit inaccurate paperwork to the court for review, this can negatively affect the final outcome of your case. For instance, if you and your ex-spouse are attempting to resolve an alimony dispute, you must submit comprehensive information to the court, including extensive financial documentation, as this is necessary to determine how alimony is calculated. Mistakes in these types of documents can result in misunderstandings, misrepresentation, and more, and can cost you a great deal of alimony.

You may not understand how to draft your own legal documents, but that’s why we are so passionate about helping Arizona family law clients from all walks of life. Every legal scenario is unique, and if you don’t fully understand what’s required from you when filing a claim, you should seek legal support immediately.


Without help from Draft My Legal Docs, you risk incomplete, inaccurate, or even wrongful documents, as well as missed deadlines and additional court costs. Rather than take this gamble, work with our team at Draft My Legal Docs so we can help you achieve a positive outcome for your case.

Draft My Legal Docs: Affordable Document Services in AZ

Draft My Legal Docs Building
Whether you’re disputing alimony, paternity, relocation, property division, child custody, or divorce, you need a qualified lawyer who can defend your rights in court or a substantial knowledge of the Arizona family court system. If you decide to approach your family law case without an attorney, you need timely and precise paperwork that fully illustrates your situation, as this will be used by the court to reach a decision.

Draft My Legal Docs is a 24/7 document drafting service that enables licensed attorneys to examine your situation and craft high-quality documentation that you can use to support your claim. Arizona is known for having a challenging legal system with several hurdles to clear, but we want to streamline this process for you. To learn more about what we do, how we can help you improve your case, and how we can help you save money on your family court case, contact us today.

Things I Wish I Knew Before Getting an Arizona Divorce
Author Jonathan Roeder Posted on

Things I Wish I Knew Before Getting an Arizona Divorce

Divorce is widely accepted as the most emotional family law case an individual can go through. From intense conflicts to constant court dates and legal fees, no amount of planning or experience can properly equip you for a divorce. However, there are useful tips out there that can help you better understand what you may have to go through. Here’s everything we wish we knew before going through an Arizona divorce.

Ten Things to Know Before an Arizona Divorce

Everyone knows that divorces can be complex, regardless of whether or not they are amicable. These complications can cause emotional, physical, and even financial stress. Fortunately, you are not the only person who has had to deal with the circumstances of a divorce. Below is a collection of tips from professionals who have gone through similar situations:

1. Conflicts Are Tough to Avoid

Because a divorce deals with intimate subjects and the separation of two people’s lives, conflicts can be incredibly hard to avoid. Dividing personal property, determining parenting time and decision-making rights, and assessing spousal support payments can all lead to disputes between separating spouses. If you are considering a divorce or are currently in the middle of one, you must be emotionally prepared to handle the different kinds of conflict that will arise. You should also be ready to have constructive conversations and make compromises. This can help to combat potential disputes and also aid you in getting the outcomes you hope for.

2. Determine What Is Important to You

Divorces bring up complex emotions and often leave you overwhelmed and exhausted. It’s essential that as soon as you are considering or presented with divorce, you take time to decide what is most important to you. Realistically, you are unlikely to retain everything you want, like sole custody, physical property, financial assets, and more, when you and your spouse separate. Determining which matters are most important to you and being ready to make compromises can help save a great deal of time and energy during your divorce. For example, when one spouse consistently disputes a judge’s decision because they believe they should get a replaceable piece of property, the process only becomes more grueling and expensive. Conversely, if retaining the family home is important to you, consider compromising on other issues to give you a better chance to reach your goals.

Suggested Reading: Arizona Divorce Guide-FAQs

3. You Will Need Records of Everything

Your divorce proceedings will address everything from where your child lives to who gets the family home. Because the court must legally separate the lives of a married couple, you’ll need to provide a large amount of your personal information to do so. Records of your marriage, your family information, your finances, and all your assets will need to be provided to determine an appropriate division of property and child responsibilities. If you have valuable separate property, you’ll need the proper documentation to demonstrate that you owned it prior to your marriage or purchased it after the date of separation.

You Will Need Records of Everything

4. You Should Get a Prenup or Postnup

Prenuptial agreements are often overlooked due to the falsely-held belief that they “promote” divorce. However, prenuptial agreements can be extremely helpful to protect both spouses’ separate property and are now commonly used across the state. In fact, most individuals who own valuable property and assets before they get married opt to create a prenup. This allows them to legally document the assets they owned prior to their marriage and protect them against Arizona’s community property laws. Businesses, inheritances, and valuable assets that you earned on your own should always be documented in the event that a divorce happens in the future.

Suggested Reading: Prenuptial Statistics

5. Be Prepared to Spend Money

While every divorce unfolds a little differently, you will need to spend money whether you’d like to or not. Consider the basic filing fee that comes with submitting a divorce petition, as well as the court and attorney fees that many individuals have to take on during their separation. In addition to fees from the actual divorce process, many separating spouses also need to find new places to live. Because of this, you may find yourself paying for a new house, an attorney, and a divorce all at once. This makes saving money whenever you can a crucial component of a smooth divorce. Fortunately, legal document services like Draft My Legal Docs can help you cut costs and, in many cases, may even help you avoid hiring a lawyer.

Suggested Reading: Is Getting a Divorce in Arizona Expensive?

6. Start Separating Your Accounts

No matter how long your marriage may have lasted, there’s a strong chance that you and your spouse shared most financial assets. After one of you files for divorce, it is smart to begin separating yourselves in whatever ways you can. For example, you’ll need to create your own bank accounts, credit cards, and even your own phone, insurance, and medical plans. However, you should also note that there are some assets that you can’t touch until your divorce is finalized. These can include certain joint accounts, the family home, and other large assets that must be split according to community property laws.

Separating Your Accounts

7. Protect Your Assets

There are a collection of methods that can be used to protect your assets during an Arizona divorce. The methods that work best for you will likely depend on what kind of assets you have and whether or not they are separate property.

Some of the most useful tips for protecting your finances and assets:

  • Keep records of everything.
  • If you have valuable separate property, create a marital agreement that documents it.
  • Start creating your own financial accounts as soon as possible.
  • Have all assets evaluated by a professional.
  • Create your own list of marital assets and their values to compare to your spouse’s.
  • Make sure you have your own forms of insurance.
  • Remain amicable with your spouse.
  • Make sure both you and your spouse are documenting all assets and liabilities, as hiding them can result in severe court penalties.

8. Your Children Are the Most Important Case Factor

Arizona stipulates that the best interests of any children are always the top priority of a divorce agreement. This means that before you create a parenting time and decision-making rights agreement – and before a judge makes any decision regarding your plan – they must consider what is best for your child and how the divorce order will impact them. For this and many other reasons, it’s critical that you remember that your children are most likely struggling just as much as you. Try your best not to get lost in the chaos of conflicts and anger and instead focus on what you can do to prioritize your children in and out of court. Otherwise, a judge will end up doing it for you.

Your Children Are the Most Important Case Factor

9. You Need Healthy Coping Mechanisms

Divorces involve a massive amount of change. From leaving your home to separating your family, it is an absolute necessity that you find healthy coping mechanisms to process your divorce. Unfortunately, many people going through a divorce end up becoming so involved in their case that they forget to take care of themselves properly. Whether it’s therapy that gives you the outlet you need or you take up yoga once a week, finding healthy ways to release your stress during a divorce is critical. If you have children, it’s essential that you do the same for them. Healthy coping mechanisms can help to relieve some of the intense anxiety that divorce brings on.

10. There Is No “Winning”

Contentious divorces can bring out the worst in people. For that reason, throughout your divorce, you need to remind yourself that there is no “winning” in this situation. Remember, almost everything you obtain throughout your marriage is community property and must be split fairly. Your time with your children must also be divided equally, provided your child’s other parent is not abusive or otherwise unfit. Realistically, there is no winner in this situation – only two sides who are trying to make things work. It’s in your best interest to keep things amicable whenever possible and work constructively.

Arizona Divorce Advice for Women

While Arizona divorce laws are gender-neutral when it comes to decision-making, the general process of dissolving a marriage can sometimes differ for a woman. Here are a few helpful tips for women who have found themselves at the end of their marriages.

You Are Allowed to Stand Up for Yourself

Unfortunately, many women are unfairly stereotyped as “crazy” when they are direct, act decisively about what they want, or set boundaries. Because of this, women are often afraid to truly stick up for themselves in the courtroom or negotiating table because they don’t want to deal with the stigma. It is imperative that every woman stands up for herself during a divorce. Otherwise, your soon-to-be ex may try to take advantage of your indecision.

Women Going Through a Divorce

Don’t Be Afraid to Request Spousal Support

Many women make sacrifices when they get married. One of the most common of these sacrifices includes quitting your job or dropping out of school to care for your family. However, in most cases, when a mother does this, the father is able to continue pursuing their career and becomes the breadwinner. This can put a mother in a vulnerable position if a divorce occurs. If you made sacrifices for your household during marriage and are now unsure whether you can care for yourself, you should consider requesting spousal support.

Find Ways to Become Independent Again

Because divorces legally end a relationship, both individuals involved often find themselves having to start over. From creating a new bank account to finding a new home, you’ll need to become independent quickly after your divorce decree becomes final. This can be especially difficult for women, who often dedicate years of their lives to caring for their families. If you are going through a divorce, it’s important that you start finding ways to reclaim your independence.

Arizona Divorce Advice for Men

Divorces are often very different for men than they are for women. If you are a man who is going through the divorce process in Arizona, you should keep these tips in mind.

You Have Rights to Your Children Too

Many fathers worry that they will lose child custody simply because they are not the mother. Remind yourself that you have just as much right to your children as their mother and have the right to request equal parenting time and decision-making rights. To receive joint custody and shared rights of your children, you’ll need to demonstrate that it is in the best interests of your children.

Protect Your Finances and Property

Because Arizona is a community property state, there is a chance that your soon-to-be-ex may try and take advantage of your shared property rights. In an Arizona divorce, you must take extra steps to protect your separate assets and ensure they do not become involved in the property division process. All property that you owned before your marriage is separate, meaning your wife can’t attempt to ask for it during your divorce. In addition, inheritances, gifts, and some other assets may be separate.

Don’t Isolate Yourself

Whether it’s because they don’t wish to deal with their emotions or they don’t feel they have the time or resources to do so, many men do not process their emotions properly. This often means you’re at risk for poor coping mechanisms which can affect your mental and physical health. While a divorce can be difficult, you have to remember that it is not the end. Remember to stay in touch with your friends and family and keep your loved ones close. Good things can still come out of tough times.

File Your Family Law Documents

Family Law Services for Arizona Divorce

While divorce may seem daunting now, it’s important to remind yourself that you do have the strength, determination, and resources necessary to get through your divorce. Draft My Legal Docs provides document services that can help you handle your divorce case with ease. Our services include document preparation and drafting tailored to the unique needs of our Arizona clients. Contact Draft My Legal Docs today to learn how our professional family law services can help you through your Arizona divorce.

Documents Needed to File for Divorce in Arizona
Author Jonathan Roeder Posted on

Divorce Documents Needed to File in Arizona

Which divorce documents are needed in order to move forward? Making the decision to end a marriage is never easy, even if you have an amicable relationship with your soon-to-be-former partner. The process is very involved, it can take a great deal of time to complete each necessary step, and the paperwork can be overwhelming. It is helpful to have resources and support from trustworthy sources as you file for and finalize your divorce.

Family court cases will vary based on the specifics of each case, so our services are personalized for your needs. Having the support of a legal team to analyze your documents and ensure they are correct can take some of the stress of divorce away, eliminate the need for expensive attorney fees, and help you complete the Arizona divorce process on your own.

Suggested Reading: Is It Expensive to Get a Divorce in Arizona

Arizona Divorce Basics

The process of filing for divorce varies from state to state, so it is important to understand what is required in your state. Arizona has a residency requirement that specifies at least one of the spouses must have lived in the state for a minimum of 90 days before a divorce petition can be filed. There are also two types of divorce available in Arizona: contested and uncontested.

An uncontested divorce occurs when both spouses are in full agreement regarding topics such as property division and parenting decisions. Contested divorce proceedings occur when one spouse does not agree to the divorce or when spouses cannot agree on its terms. Contested divorces are often more challenging to finalize and require things like mediation and more court involvement. Regardless of how your divorce proceeds, it is important to be aware of the documents you need to file for divorce in Arizona.

What You Need to File for Divorce in Arizona

Which Divorce Documents Do You Need to File in Arizona?

The process of completing a divorce in Arizona requires paperwork for each step, from the initial dissolution request to a motion to amend if you need to change anything once the divorce is finalized. It can be difficult to keep track of all of the paperwork, especially if your divorce encounters any delays or problems, so having legal support can be invaluable. A legal document service can provide you with the documents you need, verify that everything is correct, and assist you through every step of the process.

Documents to Begin the Divorce Process

Once you make the decision to file for divorce, you will have to petition the Arizona courts to get the process started. This process is called the petition and is completed by a single spouse, in most cases. There are several key documents that must be filled out during the petition phase, and they are available in a single packet that will be filed. Required documents may change, depending on if there are children involved in the marriage or not.

Required documents include:

  • Sensitive Data Cover Sheet – This document is where any preliminary information, such as name, age, gender, and address will be listed. Individuals who wish to have their location protected, perhaps in the event of abuse, do not have to include their address on this form.
  • Summons – This document lets the other spouse know that the initial suit has been filed. They will have an opportunity to respond to this filing.
  • Preliminary Injunction – This document informs the other spouse of the stipulations they must follow while the divorce proceedings are ongoing. Certain rules include not concealing earnings, not selling or giving away shared property, and not harassing the other spouse or family.
  • Petition for Dissolution of a Non-Covenant Marriage Without Children – This is the official document that will be filed with the courts. It includes all of the necessary information about the marriage, including income, shared and separate property, debts, and tax information.
  • Petition for Dissolution of a Non-Covenant Marriage With Minor Children – This is similar to the previous document, but it requires additional information about the ages of the children, any history of domestic violence, and requests for child support.
What You Need to File for Divorce in Arizona
There may be other documents necessary during the petition process as your divorce proceedings begin, such as notifying both parties of their rights surrounding health insurance and creditors. Once the petition has been filed and the other spouse has been informed, they must file a response. Every document is not required for every divorce, so it is important to have legal guidance to ensure you complete the paperwork with correct and up-to-date information and submit it in a timely manner.

Consent Decree

Some divorce proceedings are relatively simple and do not require extensive mediation, motions, and amended agreements. This is most common in uncontested divorces, where both parties have reached an agreement about major hurdles like child support, asset division, and spousal maintenance. Once all of these agreements are reached, the spouses can file a consent decree to have their divorce finalized by a judge with no additional steps.

Default Decree

In some cases, the spouse who did not file for divorce, called the respondent, fails to respond within the correct period of time. When this happens, the petitioner can file a request for default, which gives the respondent an additional 10 days to respond. If they still fail to respond or don’t appear for the divorce proceedings within that time frame, then the case can be decided without their input. In these circumstances, the divorce decree will follow what was outlined in the initial filing.

Motion for Rule 12 Interview of Minor Child(ren)

Divorce can be a difficult and emotional process even under the best circumstances, but it can be especially challenging for children. Ideally, they would be able to have a voice when parenting time arrangements are being discussed. In some circumstances, a Motion for Rule 12 Interview of Minor Child(ren), must be filed for an interview of this variety to take place.

Parenting Plan

If there are children involved in the divorce, a parenting plan must be established. The parenting plan includes important details about how the child’s care will be handled, including issues with parenting time and legal decision making. This document also outlines which parent will have legal decision making abilities for the children, how much will be required for child support each month, and how the time with each parent will be divided. The parents are given an opportunity to make these decisions on their own, but if they are unable to, then the final determination will be made by a judge.

Arizona Property Settlement Agreement

One of the more challenging aspects of a divorce is determining how the shared assets of a former couple will be divided. Any property or assets that were gained during the marriage are considered community property, so they are subject to division. If one or both spouses had certain assets, like homes, vehicles, or stocks, prior to the marriage, then that is considered separate property and cannot be divided. A Property Settlement Agreement clearly outlines what assets and property are involved, whether they are community or separate property, and how they will be divided.

Finalizing a divorce in Arizona requires a significant amount of paperwork and documentation for things like asset division, earnings reports, and determining how children will be cared for. You can complete this process yourself by filing all of the necessary paperwork with the Arizona courts in your county, but it may be in your best interest to receive assistance from a licensed attorney.

Finalizing a divorce

Working with an experienced family law attorney can be costly, but their advice and input can be invaluable. If you require legal assistance but do not want to pay extensive attorney fees, you can rely on a legal document service for help with drafting, preparing, and filing the documents you need.

Arizona Divorce Document FAQs

The specific documents you need will vary based on the details of your divorce case. Every divorce proceeding will require a Petition for Dissolution of Non-Covenant Marriage, either with or without minor children. Both parties will also be required to complete a Sensitive Data Sheet. The petitioner will file a summons and preliminary injunction. Other documents, like a Consent Decree or Default Decree, may be required based on the specific details of your divorce.

Suggested Reading: Arizona Divorce FAQs
Do You Need an Attorney to File for Divorce in Arizona?
You can file for divorce without the assistance of an attorney in Arizona. All the documents you need for any family court case, including the Petition for Dissolution, Consent Decree, and Parenting Plan, are available online. However, working with an attorney can make the divorce process easier to manage and help ensure that all of the necessary paperwork is filed correctly and efficiently.

If you would like legal advice and guidance, but do not want to commit to working with an attorney, legal document services can help you through every step of the process.

What Are the Rules for Divorce in Arizona?
The primary requirement for a divorce to be granted in Arizona is the residency requirement. One of the spouses must have resided in Arizona for at least 90 days prior to the initial petition being filed. There is no requirement for both parties to remain in the state once the divorce process has begun unless they share minor children. If a parent wants to relocate and take their minor child(ren) with them during the divorce proceedings, it must be agreed upon by both parties.
How Much Does Divorce Cost in Arizona?
The process of filing for and finalizing divorce in Arizona can be costly. Each document that must be filed, such as a Petition for Dissolution, Default Decree, or Property Settlement Agreement, will likely have a fee associated with it. These fees can vary depending on the county you live in, so you will need to verify any prices with the court. You may also have additional fees and costs if you work with an attorney or if you have a case that is particularly difficult and requires several filings.
How Do I Start a Divorce in Arizona?
There are several steps that must be followed for a divorce to be finalized in Arizona. To get the divorce process started, you must first file a Petition for Dissolution of Non-Covenant Marriage. There are two versions of this document, one for marriages with no shared children and the other for marriages with shared minor children. Either version will require you to provide information regarding earnings, identifying information, and requests for how assets will be divided. A Petition for Dissolution of Marriage with Minor Child(ren) will also require information about the children and requests for how parenting time, visitation, and child support will be handled.
What Is the Easiest Way to Get a Divorce in Arizona?
Finalizing a divorce always involves unique challenges and hurdles, whether they are financial, legal, or emotional. A petition must be filed, assets must be divided, and parenting decisions must be made if children are involved. The divorce process that is easiest is an uncontested divorce, when both parties agree on the details of their property division, asset division, and parenting time, where applicable. When a former couple is able to finalize all of the necessary agreements and file a Consent Decree, then their divorce petition will be granted with minimal additional steps.

Find the Proper AZ Divorce Documents

When you have made the difficult decision to end your marriage, it is essential that you have the support and resources you need to make the process as easy as possible. Working with a family law document service ensures any questions are answered, you have the correct paperwork, and everything is filed correctly.

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