Things to Consider if You Are Filing for a Divorce in Arizona in the New Year
The start of a new year often inspires people to reflect on their lives and take steps toward fresh beginnings. If you’re considering filing for divorce in Arizona in the new year, it’s essential to understand the legal, emotional, and financial aspects of the process. At McLeester Law in Phoenix, AZ, we’re here to provide you with the guidance and support you need to make informed decisions and move forward with confidence.
1. Arizona is a No-Fault Divorce State
One of the first things to know about filing for divorce in Arizona is that it is a no-fault divorce state. This means that neither spouse needs to prove wrongdoing, such as adultery or abuse, to file for divorce. Instead, you can simply state that the marriage is “irretrievably broken.”
Implications of No-Fault Divorce
The focus is on resolving issues like property division, spousal support, and child custody rather than assigning blame.
It can reduce conflict and streamline the divorce process.
With some exceptions, a spouse's behavior during the marriage does not affect the division of assets or debts.
2. Residency Requirements
Before filing for divorce in Arizona, you or your spouse must meet the residency requirements:
At least one party must have lived in Arizona for at least 90 days before filing.
For divorces involving children, the children must have lived in Arizona for at least six months to establish jurisdiction over custody matters.
3. Understand the Divorce Process
The divorce process in Arizona involves several key steps:
Filing the Petition: One spouse files a Petition for Dissolution of Marriage.
Service of Process: The other spouse is served with the divorce papers.
Response: The served spouse has 20 days to respond (30 days if they live out of state).
Negotiations or Mediation: Issues like property division, child custody, and spousal maintenance are negotiated.
Finalizing the Divorce: If both parties agree, the divorce can proceed smoothly. If not, the case may go to court for resolution.
4. Consider Timing
Filing for divorce at the beginning of the year can have practical advantages:
Financial Clarity: The new year provides a clear starting point for assessing finances, tax considerations, and asset division.
Stability for Children: Initiating the process early in the year can provide time to adjust before major transitions like the new school year.
Emotional Closure: Starting the divorce process now can help you focus on healing and moving forward.
5. Prepare Financially
Divorce involves significant financial changes, so it’s important to be prepared:
Gather financial documents, including tax returns, bank statements, and property records.
Understand your assets and debts.
Create a budget for post-divorce life.
Working with a financial advisor or family law attorney can help you navigate these complexities.
6. Consider Custody and Parenting Time
If you have children, their well-being should be your top priority. Arizona courts focus on creating parenting plans that reflect the best interests of the child. Consider the following:
How will holidays, vacations, and school schedules be handled?
Can you collaborate with your co-parent to minimize conflict?
Be prepared to show how your proposed parenting plan supports your child’s needs.
7. Work with an Experienced Divorce Attorney
Divorce can be overwhelming, but you don’t have to go through it alone. Hiring an experienced family law attorney ensures that your rights and interests are protected.
Benefits of Working with McLeester Law:
Expert guidance through the legal process.
Skilled negotiation for property division and custody agreements.
Representation in court if necessary.
Compassionate support during a challenging time.
Contact McLeester Law for Divorce Services
Filing for divorce in Arizona is a major decision, and having the right legal team on your side can make all the difference. At McLeester Law, we specialize in divorce and family law, offering personalized and effective legal solutions for clients in Phoenix, AZ.