Legal Separation vs Divorce

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

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.

How Financially Prepare for AZ Divorce

How to Prepare Finances for a Divorce in AZ

A handful of important considerations beckon your attention throughout the divorce process. And, being prepared can help ensure your assets stay protected.

How to Make Financial Moves Before a Divorce

If you or your partner have recently filed for divorce in Arizona, there are a few things that you should try to do as quickly as possible.

Choose a Lawyer that’s Right for You

One of the most important steps you can take before beginning a divorce is hiring an attorney you can trust. Divorce can be an intimidating process that is already emotional and stressful, and feeling unsure how to proceed can create even more anxiety.

By hiring an experienced AZ attorney, you will receive advice and assistance throughout your divorce, including formidable representation in court. A divorce lawyer is experienced with all the issues that may occur during divorce, including financial considerations. If you and your soon-to-be-ex-spouse differ regarding the division of assets, an attorney can help you handle financial concerns in a way that preserves your future.

Organize and Identify Your Assets

Organize Records

Identifying your assets also helps if you think your partner may try to sell or hide any community assets in an attempt to avoid dividing them with you. Bank statements, credit card statements, mortgage statements, retirement accounts, life insurance policies, and any physical assets or properties should all be accounted for. It is critical to know what you have before you begin the property division process.

Estimate the Cost of Your Divorce

Unfortunately, divorce is rarely a cheap process. Many people go into divorce not expecting its high price tag and are therefore uncertain what to do with money before a divorce begins. Whether you choose mediation to settle various aspects of your divorce out of court or engage in lengthy litigation to make decisions, divorce expenses can add up quickly. Since every divorce is different, it isn’t easy to determine the potential cost of your case. However, estimating attorney fees, moving costs, court fees, and regular monthly expenses can help to give you a better idea of how to manage your money moving forward.

Avoid Making Major Financial Decisions

Of course, divorcing is itself a major financial decision that will impact your finances. However, other major decisions, like changing your beneficiaries, closing accounts, and transferring assets before a divorce can hurt you during the divorce process. These things will be handled legally once the divorce is underway and the division of assets has begun. If you make these moves too soon, you may risk contempt of court or lose your assets to your soon-to-be-ex.

How to Prepare Finances for an Arizona Divorce

During your divorce, division of assets will result in property ownership changes, in addition to your regular and divorce-related expenses. Here are some tips for handling your finances during the chaos of a divorce.

Close Joint Accounts

Close Joint Accounts

Once you have begun the divorce process, it’s time to start closing your joint accounts. Often, bank accounts have both partners’ names, and funds will have to be transferred individually to new accounts. Joint credit cards must be canceled through the creditor, and you’ll have to open your own new credit account.

Closing joint accounts can help prevent your ex-spouse from misusing funds before the divorce is finalized. It’s important that you open a new checking and savings account in your own name and arrange income for deposits and debits for expenses to be handled through the new account. You should also keep documentation regarding when you closed your joint accounts and began your own.

Get An Asset Evaluation

Your assets are important. Whether you’re dealing with expensive collectible items, a shared family home, or your retirement fund, evaluating your assets is critical for a fair property division process. By hiring a professional to evaluate your and your ex-partner’s assets, you can ensure that the correct value is placed on each asset and that they are fairly divided during the divorce. A professional asset evaluation should be done as soon as possible to avoid delays in your divorce and prevent your partner from hiding assets.

Gather Financial Documentation

To properly handle your finances and ensure that property division occurs fairly during your divorce, you will need to collect a great deal of financial documentation. If you have not already done so prior to beginning your divorce, gather bank statements and credit card statements to help to give your lawyers and the court a better idea of how finances were used throughout your marriage. Checking and savings statements, pay stubs, credit card statements, bills, loan agreements, and income tax returns are all critical documentation needed during a divorce. These documents can help the court understand how money was handled as well as its source, such as the individual incomes of each partner.

Maintain Your Individual Credit

Your credit score plays a crucial role in many areas of your life, including your financial health. Despite the difficulties of your divorce, it’s important to maintain your credit. Unfortunately, people often complete a divorce with weak credit due to mounting expenses, their partner’s spending issues, and many other factors. It’s essential to continue building your individual credit so that you can avoid issues like higher financing rates or difficulty renting or purchasing a new property.

Don’t Forget About Insurance Policies

Insurance policies can become a complex financial task because they often affect other important aspects of your life, many of which were shared with your partner. For example, most life insurance policies will require beneficiary changes if you wish to remove your former spouse. Car insurance policies may also need to be changed if they were previously shared by both spouses or if vehicle ownership has changed.

How Can I Afford to Live on My Own After Divorce?

During a divorce, you may experience multiple different housing situations, all of which present different financial concerns. So, how does this work?

Home Sale

One Spouse Buys Out the Other

Since a home is a physical asset that cannot be split unless sold, the person remaining in the family home must often “buy out” the other spouse. This can be done via a cash out finance or forfeiture of an asset or assets of equal value. With these assets or funds from the cash out refinance in hand, the other spouse can afford a new living situation. The title will need to be transferred to the remaining spouse, and all ownership and mortgage documents should be solely under that spouse’s name.

Spouses Agree to Sell the Home

Another option is selling the family home. Sometimes, this is the best option for couples who do not have children, or cases where neither partner feels they have the finances to maintain the home on their own. With the help of a real estate agent and your lawyer, you and your partner can sell your shared home and then split the proceeds fairly. If you and your partner can’t afford to keep the home or are worried about selling it in the current market, you may also agree to rent the house to a third party. When this happens, proceeds can be split between both partners.

Other Circumstances

Unfortunately, the above options may not be available for all couples, especially if they owe more for the home than the home’s current market value. In some cases, if neither you or your partner wants to remain in the home, or neither of you feel you can afford to stay there, you may have to agree to sell the home at a loss. In more severe circumstances, foreclosure may be necessary. Moving forward, the assets retained after the divorce and your own efforts to maintain your credit should help you find a new residence you can afford.

Protect Yourself and Prepare Your Finances During a Divorce

We provide affordable legal services for any individual involved in or looking to initiate a family or divorce law case. We offer guidance as well as our professional expertise and knowledge of the law. We are located in the heart of Phoenix, but our services are digital, which allows us to help individuals throughout the state.

 

*Editor’s Note: This article was originally published March 21, 2018 and has been rewritten August 23, 2022.

High-Quality Documents for DIY Divorce in Arizona

Do I Need a Lawyer to Get a Divorce in Arizona?

In the state of Arizona, many divorces can proceed through the legal system efficiently without either party hiring a lawyer. Arizona is what’s known as a no-fault divorce state, so couples do not need to file a specific reason for their divorce. In the eyes of the Arizona court system, an adult simply no longer wishing to be married is sufficient cause for proceeding with a divorce. This process of unilateral divorce has increased the divorce rate in states like Arizona.1

Couples with complex estates may be better served by hiring an AZ lawyer specializing in high asset divorce before heading to divorce court. This will also be true if there are contentious child custody issues that need to be worked out.

However, if your shared property is simple to divide, your marriage has been fairly short, and you and your ex are amicable about making the split work for everyone involved, you may be able to proceed without the extensive services of an attorney. 2 This leaves more assets on the table for you to divide between yourselves to start your new lives. It also creates a more accessible path out of bad marriages for citizens of modest means. 3

Situations where you may want to consider obtaining the services of a lawyer for your divorce include:

  • Extensive debt
  • Child custody and child support issues
  • Large, complex estates with questions about who owns what
  • Alimony or child support battles

If none of the above apply to you, it’s a good sign that you and your ex may be candidates for a simple, low-cost DIY divorce. This process can be begun by finding and completing the proper forms.

filing your own paperwork

Alternatives to an Arizona Divorce Lawyer:

  • Completing and filing your own paperwork and representing yourselves in court
  • Hiring Arizona divorce paralegal services to help you correctly prepare and file forms without the steep costs associated with retaining a divorce attorney

Arizona Divorce Forms

When you decide to proceed with filing your own divorce in Arizona or any other state, the single most important aspect is getting all the paperwork right. You not only need to obtain the correct forms and fill them out properly, but you also need to know how and when to serve them to other parties and file them with the court.

This will often seem daunting to someone with no legal experience, at least when you first begin to research the process. You may even second guess your choice to proceed without legal counsel when you see the list of forms that can be needed for a divorce proceeding.

While it is true that all of the paperwork and supplementary materials necessary to complete a divorce can sometimes be tedious and confusing, and the help of a skilled attorney can indeed be a valuable resource, most couples with simple, uncontested divorce situations are quite capable of filling out the paperwork for themselves.

They will be equally capable of representing themselves in the simple court proceedings that typically ensue in amicable divorces where both parties are on the same page about the end of the marriage, the division of assets, and parental responsibilities.

Retaining the services of a paralegal professional with experience in divorce and family law can also be a cost-effective way to get help with divorce paperwork while still representing yourself in court and not investing in the full cost of retaining a divorce attorney.

Our informative blog will also be an invaluable resource as you move ahead and dig deeper into the process of conducting your own divorce. Your local public library is another excellent resource for self-help materials on preparing and filing a divorce.

Divorce Paperwork: Arizona Courts Are Another Resource

The Maricopa County Courthouse
Historic Maricopa County Court House

The Maricopa County Superior Court has a self-serve area with basic divorce forms and instructions that can be obtained at no cost. Other Arizona courts may offer similar materials — check with your local court clerk. Basic divorce forms can also be found online. While these materials are free, the filing party (or the plaintiff) will still need to pay any court filing fees or costs related to serving the papers to the defendant (which must be performed in a specific, legally verifiable way).

What to Consider When Filing Your Own Divorce in Arizona

Even fairly simple divorces tend to have their own complexities and considerations to be made. Every marriage and every family are different, after all. Here are some of the potentially tricky situations you may have to consider, some of which may require additional, specialized paperwork.

Minor and Dependent Children

Children are often the innocent victims who feel the brunt of the emotional trauma in a divorce. All divorce proceedings must be approached with the best interest of any involved children in mind. Custody, legal authority over decision-making, the division of parenting time, and child support will all need to be worked out. There are legal standards that must be met, so the court will need to approve any plan agreed upon between you and your ex-spouse.

Spousal Maintenance or Alimony

Spousal maintenance, also called alimony, is a legal instrument by which the party in a divorce with the more significant income remits their ex-spouse a regular payment so that they can maintain their standard of living while rebuilding their lives. If you and your ex-spouse had a simple life with an equal division of assets and have no wish to set up spousal maintenance payments, it will make the divorce faster and simpler to process.

Child Support

In the State of Arizona and many other states, child support will largely be determined by a court-established formula. The purpose of child support is similar to alimony in that it is meant to be of an adequate amount so that it allows the children of divorced couples to maintain their standard of living after the divorce. When completing paperwork related to child support, it is essential that you fill out all information about your finances and living situation completely and accurately. Any false or misleading information on such documents intended to either make you look like the better parent or make your income appear less than it truly is will subject you to serious liability if disproven in court.

What to Consider When Filing Your Own Divorce in Arizona
African student guy sit at desk hold papers tasks having difficulties with test, company lawyer read contract terms and detail feels discontented, received bad news from bank unpleasant letter concept

Shared Debts

Married couples share bank accounts on a routine basis, but they also often share credit cards, mortgages, and car loans. When a marriage ends with shared debts on the line, the divorcing couple must decide who will take responsibility for them — and if they can’t decide, the courts will. We don’t always think of debtors as a factor in divorce, but they can be major factors and stand to gain or lose a significant amount.4

Business Interests

If the couple owns one or more businesses together, the terms of the divorce will need to establish what happens with these business assets. This will begin with determining the value of the business and what share of the business can rightfully be claimed by each party. Whether the business was established during the course of the marriage or brought into the marriage by one of the parties will also play a major role.

Separate and Commingled Property

Sometimes court intervention is needed to determine what property belongs to which party in a marriage, and what property should be considered community property. 5 The value and ownership of all such property needs to be established if the parties cannot amicably divide such assets among themselves to the court’s satisfaction.

Assets and Financial Instruments

Bank accounts, retirement accounts, and investments all need to be considered just like business interests and real property. The better you and your ex-spouse can do dividing such assets up among yourselves before filing for divorce, the cheaper and faster your divorce will likely be.

If any of the above situations apply to your divorce you may want to enlist the services of a qualified attorney. If, however, you can come up with a plan to amicably work out these issues with your ex, you may be able to continue representing yourself in the divorce case.

Representing Yourself in an Arizona Divorce

If you choose to represent yourself in divorce court in the State of Arizona, you will essentially be treated as though you are an attorney. This means you will be expected to know the area of the law in which you’re practicing — in this case, family law, and divorce specifically. Make sure to read up on every step of the process before you ever serve your ex-spouse the initial divorce papers.

Know exactly what to expect, and make sure you have the following tasks in order.

  • Knowing which documents are necessary, and obtaining or drafting them
  • Understanding where to file which documents
  • Meeting important deadlines for filing documents and responding to notices
  • Keeping a court schedule and not missing hearings or appearances

Something as simple as missing a deadline can jeopardize the success of your DIY divorce and even lead to you being limited in your ability to further participate in your case on your own behalf. If you should accidentally fail to appear at a scheduled hearing, the consequences may be similarly dire as the case will likely proceed without you being there to speak for yourself.

Timeline for Initiating a Divorce Without a Lawyer in Arizona

Timeline for Initiating a Divorce Without a Lawyer in Arizona
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To be able to file for divorce in the State of Arizona, you and/or your spouse need to be a resident of the state for at least 90 days. If you do not meet these criteria, you should look into the divorce laws for the state you previously held residence or wait until you meet the 90-day Arizona criteria before proceeding with your divorce.

In the State of Arizona, the first action to be taken in a divorce case is for one spouse (who henceforth becomes the plaintiff) to file a document called a “Petition for Dissolution of Marriage” with the court clerk and pay the necessary filing fee. This fee can vary by county or jurisdiction and is routinely in the hundreds of dollars.

At this time, the other spouse (who takes on the role of defendant) must also be served with a copy of the petition, which will include a summons to court. The defendant then has 20 days from the date they were served the papers to file their written response to the court. This window is extended an additional 10 days if the party being served is out of state. In amicable cases where the spouses are working together to get the divorce processed, the formal service process can be waived through a notarized legal instrument called an “Acceptance of Service.”

 

*Editor’s Note: This article was originally published March 14, 2018 and has been updated July 25, 2022.

 


Sources

  1. Friedberg, L. (1998). Did unilateral divorce raise divorce rates? Evidence from panel data. American Economic Review, (88) 3, 608-627 Retrieved May 20, 2022, from https://www.nber.org/papers/w6398
  2. Sales, B. D., Beck, C. J., & Haan, R. K. (1992). Is self-representation a reasonable alternative to attorney representation in divorce cases. Louis ULJ, 37, 553. Retrieved May 30, 2022, from https://heinonline.org/HOL/LandingPage?handle=hein.journals/stlulj37&div=33&id=&page
  3. Yegge, R. B. (1994). Divorce Litigants Without Lawyers. Family Law Quarterly, 28(3), 407–419. http://www.jstor.org/stable/25739993
  4. Ratner, J. R. (2010). Creditor and debtor windfalls from divorce. Est. Plan. & Cmty. Prop. LJ, 3, 211. Retrieved May 30, 2022, from https://heinonline.org/HOL/LandingPage?handle=hein.journals/epcplj3&div=16&id=&page
  5. Patton, M. (2005). Quasi-Community Property in Arizona: Why Just at Divorce and Not Death. Ariz. L. Rev., 47, 167. Retrieved May 30, 2022, from https://heinonline.org/HOL/LandingPage?handle=hein.journals/arz47&div=12&id=&page
Keep Your Arizona Divorce From Wrecking Your Finances

Keep Your Arizona Divorce From Wrecking Your Finances

Going through a messy divorce is sadly semi-common, but there are ways to avoid conflict. Besides open and clear communication with your ex-spouse, having a necessary grasp on your assets, childcare responsibilities, and financial accounts is key to beginning the divorce process. Avoiding bringing your case to court is a great way to save the hassle of tough proceedings, along with the expensive price tag.

One of the most important aspects of a divorce is financial stability. Ensuring your paperwork is signed and filed properly can save you time and money during your divorce proceedings.

How to File for a Divorce in Arizona

As with any legal process, the first step in filing any legal paperwork is determining the petitioner, the person filing for divorce, and the respondent. In AZ Family Court, the petitioner needs to file a Petition for Dissolution of Marriage in the Superior Court of their current residential district. Copies of each form must then be sent to the respondent. Within 20 days for in-state residents or 30 days for out-of-state residents, the respondent can file a response to the dissolution petition. After a minimum of 60 days from the delivery of the petition to your spouse, the court can decide whether to grant the dissolution.

In the initial filing, a variety of payments and agreements are outlined by the petitioner, giving the respondent a detailed list of spousal maintenance and child support stipulations. A dissolution petition is primarily used to outline the list of assets and responsibilities held by both the petitioner and respondent in the case.

The terms outlined in these proceedings can often lead to strife between you and your spouse, especially when it comes to money. For example, if you make substantially less than your spouse and want to ensure you can maintain your current standard of living with alimony payments, asking for these payments can become a major point of contention. 1

What Is a Covenant Divorce?

In Arizona, the option to have your marriage declared as a covenant marriage is available for those looking to declare their union a lifelong commitment. However, as with any former binding commitment, circumstances change. These rules may not accurately describe your current circumstances.

Before filing for a divorce, couples in a covenant marriage must seek counseling from a marriage counselor or clergy member before proceeding with the divorce. There also must be tangible evidence for your divorce, including:

  • Adultery, or having extramarital relations
  • Imprisonment of spouse
  • Abandonment by spouse
  • Proof of physical or sexual abuse against you or your family
  • Proof of domestic violence, including emotional abuse
  • Previous residential separation for at least two years
  • Residential separation for at least one year from legal separation
  • Drug use by spouse
  • Mutually agreeing to a divorce

At the moment, a covenant marriage may seem like the best way to prove your eternal love for your spouse. If you start to hit a rough patch at some point during your marriage, though, these unions can become unreasonably tricky to undo.

Between compiling a case to attending legally mandated marriage counseling, covenant marriages and their subsequent divorces can become extremely time-consuming and expensive. Although somewhat complicated, covenant marriage dissolution is possible, and with the right attention to detail and evidence, you can properly file for a divorce. 2

Why Do Divorce Proceedings Become Hostile?

Why Do Divorce Proceedings Become Hostile?

When it comes to family law, one of the most tension-filled practice areas is divorce litigation, which tends to bring out hostility in both parties involved. Before filing for a divorce, the reasoning behind why you file a divorce can impact the relationship you have with your spouse, which then transfers into your divorce trial.

However, Arizona is a no-fault divorce state, meaning either party can file for divorce without any allegations of adultery, domestic violence, or other issues. Still, if you are the filing party and your spouse is not ready for a divorce, this can make any further divorce proceedings far more complicated.

Besides adultery, abuse, and unwillingness to get a divorce, finances are a common issue that creates excess tension in divorce proceedings. Ranging from proposed settlements to asset division, any aspect of a divorce that has a price tag can become a point of hostility. Suggested alimony payments and decisions concerning who retains what assets can be the source of conflict due to the monetary value placed on each.

In cases involving children, child support payments and custody arrangements can cause strife between spouses, especially if both want full custody. Fortunately, the best interests of the children are the primary concern of the court, and any final decisions concerning the child’s well-being rest in the state’s hands.3

Options for Avoiding Hostile Divorce Proceedings

Lengthy divorce proceedings overseen by the court is not the only option for legal marriage dissolution. In the movies, depictions of courtroom divorce hearings have created the expectation of going to court to obtain a legal separation or divorce, but this is only true on screen. Avoiding the courtroom, whether that be through faster, more streamlined legal filing or individualized legal counsel is always beneficial for a divorce case.

Besides helping you efficiently determine the terms of your divorce, keeping your case out of the courtroom is better for your peace of mind and your wallet. Here are some of the most common ways to avoid taking your divorce to court.

Filing a Response to the Dissolution Petition

If you end up as the respondent in a divorce case, filing a response to a dissolution petition is a great way to combat any unfair stipulations laid out by your former spouse. For example, consider a situation where you primarily take care of your children and handle any of their personal paperwork, doctor’s appointments, and sports games, but your spouse is asking for full custody in their dissolution petition. As the de-facto primary caregiver for your children, you have a better handle on how to care for them, so filing to become the primary caregiver for your children could be in your best interest. This is still the beginning of the process, and clearing up any issues like this is crucial for creating a more streamlined divorce process.

Utilizing a Consent Decree

A consent decree is a legal document that can grant a divorce if all terms laid out by both spouses are agreed upon without renegotiations. Payment plans for child support, child visitation schedules, and property division are all outlined in these proceedings. For couples on better terms, or those filing an uncontested divorce, a consent decree helps expedite divorce proceedings. One of the best ways to help facilitate this process is by getting help with legal documents from a reputable firm or legal service. This can help you lay out an accurate, feasible divorce plan achievable by both you and your spouse.

Deciding in Mediation

Fortunately, with divorce proceedings, reaching the mediation stage is required before going to trial. In most cases, this phase of the divorce process is crucial for working out any big issues between you and your spouse. To avoid going to trial, mediation can create a space where both you and your spouse can explain and outline the reasons for each request in your statements. For example, if you request a certain amount in alimony that may seem exorbitant to your spouse, but you helped pay for the necessary schooling they needed to make the money they do now, explaining your reasoning behind the amount can help provide evidence to help support your claim.

Divorce proceedings do not need to be hostile, and the available avenues for avoiding a “War of the Roses” style of divorce are endless. One overarching factor crucial for ensuring a productive divorce hearing is filing the right paperwork for the right claims. If you are filing a response to a dissolution petition, clearly outlining which stipulations you are contesting is crucial for the process. For consent decrees and mediation, tactfully advocating for your necessary provisions is crucial for keeping your case from going to trial and getting out of hand. 4

Is Divorce Always Expensive?

The length of time the divorce process takes, especially the amount of time it takes to settle your case once filed, is where the bulk of the expense originates. Between paying lawyers, going through rounds of mediation, and making your court appearance, the price tag on a divorce trial can quickly get expensive. Not to mention, the deliberation process for asset division will determine how much money, alimony, child support, and other valuable assets you must give to your spouse as an outcome of the trial.

The speed of your trial all comes down to the efficiency of your filing process. For example, if you are the respondent of a case and take more than the allotted time to respond to a claim, your feedback on the case, along with your input on the different stipulations in the dissolution petition, could be cast aside.

That means you need to find a legal team to take up your claim as a last-ditch effort to get your perspective on the petition considered during the deliberation process. Utilizing an easily accessible document preparation service with an online platform can not only help you get ready for your divorce and get prepared for the legal process ahead, but can result in reduced stress and other mental health benefits. 5

Easier Divorce Filings in Arizona

Easier Divorce Filings in Arizona

Finding affordable divorce lawyers in Mesa may seem tricky, but getting expert help with legal documents like divorce paperwork is essential for streamlining your divorce. Filing deadlines, paperwork requirements, and general knowledge about the legal process behind a divorce are crucial for creating a faster, less expensive trial.

After tightening up the paperwork side of your divorce, the subsequent deliberations and meetings can be conducted and settled promptly. This efficient take on the divorce process begins with a competent legal team with expert knowledge in the realm of Arizona family court.


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Tips for Protecting Children From Conflict During Divorce in AZ

Tips for Protecting Children From Conflict During Divorce in AZ

It’s no secret that divorce can be a difficult time for children. From feeling caught in the middle of their parents’ arguments to dealing with the stress and anxiety of change, kids often struggle when their parents split up. However, parents can do things to help make the transition easier for their kids while they deal with their own emotions. By working together to keep conflict to a minimum, communicating openly with their children, and seeking outside support when needed, divorcing parents can help their kids adjust to this new chapter in their lives.

Remove the Cause of Conflict

The first step to protecting children from conflict during divorce is to remove the cause of the conflict. The specific cause will be different in every situation, but some common examples include financial stress, infidelity, or constant arguing.

If the cause of the conflict is not removed, the impact this can have on children can be significant. They may feel stuck in the middle of their parents’ arguments. They might also worry that the divorce means one parent will leave them, or they may feel like they need to choose sides.

All these scenarios can lead to anxiety, depression, and behavioral issues in children. These are very personal decisions that need to be made on a case-by-case basis, but if parents can find a way to remove the cause of conflict, it can go a long way in protecting their children from unnecessary details about the divorce.

Learn New Skills for Dealing With Conflict

Learn New Skills for Dealing With Conflict

The next step is to learn new skills for dealing with conflict. This can be done through therapy, support groups, or books. Some skills divorcing parents can learn include:

  1. Active Listening

    This is a strategic form of listening that involves giving your full attention to the person speaking, paraphrasing what they say, and making sure you understand their perspective. 1

  2. Assertiveness

    This is the ability to state your needs in a clear and respectful way that doesn’t involve putting down the other person.

  3. Compromise

    Compromising means reaching an agreement that is acceptable to both parties, often by giving up something important to you in return for something that is important to the other person.

  4. Empathy

    This involves the ability to deeply understand and share the feelings of another person by putting yourself in their shoes.

  5. Conflict Resolution

    This is the process of coming to an agreement when there is a disagreement. From identifying the problem and brainstorming solutions to implementing the agreed-upon solution, conflict resolution skills can help divorcing parents reach a resolution that is in the best interest of their children.

Keep Children Out of the Middle

Another important step is to keep children out of the middle. This means parents should avoid talking about the divorce in front of their children. They should not use their children as messengers to communicate with the other parent, and they should not ask their children to take sides. 2

While it may be tempting to use children to get information from the other parent or to vent about the divorce, it is important to remember that this puts a lot of pressure on children. They did not ask for this divorce and they should not be put in the position of feeling like they need to choose sides. This can lead to a lot of guilt and confusion for children, which can impact their mental and emotional health.

If parents can find a way to communicate with each other without involving their child, it can go a long way to protect the child from the stress and anxiety that can come with being caught in the middle.

Control Your Emotions to the Best of Your Ability

It is also important for parents to try to control their emotions to the best of their ability. 3This means avoiding yelling, name-calling, and put-downs. It also means avoiding making threats or ultimatums.

When emotions are running high, it can be difficult to control what you say. But it is important to remember that your words can have a big impact on your children. They are likely already feeling scared and confused, and they don’t need to see their parents fighting.

If you find you are having trouble controlling your emotions, it may be helpful to step away from the situation and take some time to calm down. Once you have had a chance to cool off, you can then approach the situation in a more constructive way.

Prepare for Long-Term Conflict

While it is important to try to resolve conflict in a positive way, it is also important to prepare for the possibility of long-term conflict. This means having a plan in place for how you will deal with conflict if it arises.

Not all conflicts can be resolved. In some cases, you may need to agree to disagree. This doesn’t mean you can’t still be civil to each other, but it does mean that you may need to find a way to co-parent without agreeing on everything. Reminding each other of your mutual goal of what is best for your children can help you stay focused on what is important, even when you don’t see eye to eye.

If you are preparing for a divorce, it is important to talk to a lawyer about your rights and responsibilities. They can help you understand the legal process and what you can expect. The long-term conflict may not always be avoidable but having a plan in place can help you deal with it in a more constructive way. It is also beneficial to seek out support from adult friends and family. They can provide you with a listening ear and a shoulder to cry on.

No matter what, remember that you are not alone. There are many resources available to help you through this difficult time and be best prepared for the future.

Divorce Resources

Contain Any Anger or Frustration

Feelings of anger and frustration are common emotions during and after a divorce. However, it is important to try to contain these emotions as much as possible, especially when around your children.

Active displays of anger, such as yelling or name-calling, can be very scary for children. They may not understand what is happening, and they may feel like they are to blame.

It is okay to feel angry and frustrated, but it is crucial to find healthy ways to deal with these emotions. This may mean talking to a friend or therapist, going for a run, or writing in a journal.

Avoid Fostering Any Loyalty Conflicts

During and after a divorce, it is common for children to feel loyal to both parents. They may love both parents and want them to be happy, even if they are no longer together. This can lead to conflict if children feel like they have to choose between their parents.

Some examples of loyalty conflict include:

  • A child may feel like they must choose which parent to spend holidays with.
  • A child may feel torn between parents if they have different rules or expectations.
  • A child may feel like they need to keep secrets from one parent to avoid upsetting the other.

To avoid this, it is important to try not to put your children in the middle of any conflict. This means avoid talking about your ex in a negative way, asking your children to take sides, or using them as a sounding board for your own emotions. It is also important to be respectful of your co-parent in front of your children. This means avoiding talking badly about them, arguing with them, or trying to undermine their authority.

If you find yourself having conflicting emotions about your loyalty to your ex, it is important to talk to a therapist or counselor. They can help you work through these emotions in a constructive way.

Focus on Constructive Arguments

It is normal for divorced parents to disagree with each other from time to time. However, it is important to try to keep these disagreements constructive. This means avoiding arguing in front of your children, name-calling, or making personal attacks.

If you find yourself disagreeing with your co-parent, try to remain calm and respectful. Listen to their point of view, even if you do not agree with it. It is also important to avoid getting defensive and try to see their side of the issue.

In some cases, it may be helpful to take a break from the conversation if you feel like it is getting too heated. This means walking away or agreeing to disagree. Once you have both had time to calm down, you can try to resume the discussion in a more constructive way. This can protect your children from being caught in the middle of a heated argument that they have no control over.

Never Deny Parenting Time

Never Deny Parenting Time

It is important to remember that even though you are divorced, your children still have two parents. This means they should have the opportunity to spend time with both parents, even if it is not equal. 4

To avoid conflict, it is important to never deny parenting time to your co-parent. This means if they have scheduled visitation, try to keep it as scheduled. If there is a legitimate reason why the visitation must be changed, work with your co-parent to find a solution that works for both of you. When this happens, openly communicate with your children about exactly why this change is happening. If they can follow the logic behind the decision, it will be less likely to cause conflict.

Keep in mind that your children may not always want to spend time with both parents. This is normal and should not be seen as a sign of loyalty conflict. It is important to encourage your children to spend time with both parents, but ultimately, the decision should be up to them. They may already be feeling pulled in different directions and may need some time to adjust to the new family dynamic. Children feel a lack of control when parents go through a divorce, so it is important to try to give them some control back when it comes to decisions about parenting time.

Focus on Positive Affirmations About the Other Parent

To help reduce loyalty conflict or combat negative feelings, be sure to focus on the positive aspects of the other parent. This means looking for things that you appreciate about them as a person or as a parent and ensuring your children hear the same message. 5

It is also crucial to avoid speaking negatively about the other parent in front of your children. This can be difficult, especially if you are still angry about the divorce or have a difficult relationship with your ex. However, remember that your children love both of their parents, and hearing negative things about either one can be very confusing and upsetting.

If you find yourself struggling to say anything positive about the other parent, it may be helpful to take some time to reflect on why you feel that way. If there are legitimate concerns, address them in a constructive way. This means communicating directly with the other parent or, if necessary, involving a third party such as a therapist or mediator.

When Children Are a Cause of Conflict

In some cases, children can be a cause of conflict between parents. Common emotional or behavioral problems, such as acting out or not listening, can be frustrating for parents. As these issues progress and do not resolve, they can lead to more serious conflict between both parents. A lack of communication about how to discipline the child or how to handle the behavioral issue can further divide the parents.

If you find yourself in this situation, try to remain calm and constructive. It can be helpful to talk to your co-parent about your concerns and see if you can mutually deal with the issue. If you cannot reach an agreement, you may need to seek out the help of a mediator or counselor. Remember, you are not alone. Many parents find themselves in this situation, and there is no shame in seeking help.

It is also important to remember children are not to blame for conflict between parents. In some cases, conflict may be due to differences in parenting styles or values. If this is the case, you’ll want to try to find a way to respect differences and work together for the sake of your children. Remember that children are not purposely trying to cause conflict. In most cases, they are just trying to express their own emotions and needs.


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