Arizona is known as a “no-fault” divorce state. No fault means that in making its determinations, the Arizona family court does not assess blame for the divorce to either party and, therefore, does not punish either party for ending the marriage. No fault also means that, in Arizona, you do not need grounds for a divorce. So long as one party desires a divorce and alleges that the marriage is irretrievably broken with no reasonable prospect of reconciliation, the Arizona court will enter a divorce decree.
Arizona also does not recognize common-law marriages entered in Arizona. Thus, no matter how long the parties have lived together, or even if they have children, the Arizona court will not find a common law marriage. However, if the parties moved to Arizona from a state that recognizes common-law marriage, it may be possible that Arizona will recognize the couple as married. To be valid, the marriage must have met the requirements for a valid common law marriage in the other state.
After filing for divorce, whether or not the parties are able to agree on the issues in the divorce often dictates how long the divorce will take. If the parties are able to reach a full agreement in the beginning, the divorce could be final in as little as ninety (90) days. If the parties are unable to agree, and require the Court’s intervention, the process will probably take considerably longer. However, the Arizona courts do offer a procedure called Temporary Orders: rules the court applies to your case that define the relationship between the parties while the divorce is ongoing. Temporary Orders can deal with child custody, parental access to the children, child support, use of the marital residence, payment of debts and spousal support, just to name a few. Temporary Orders are sometimes agreed upon by the parties and sometimes arise from a contested hearing before a judge. Our aggressive attorneys are knowledgeable in divorce issues and courtroom-experienced to handle your case from initial filing to final Decree.
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