You asked: How does divorce work in Arizona?

In Arizona, the legal name for a divorce is Dissolution of Marriage. … If the Petition for Dissolution has been filed and served on the other party and a response has not filed within the allotted time period, the filing party may apply for a default. The person filing for the divorce is called the Petitioner.

What am I entitled to in a divorce in Arizona?

Under Arizona’s community property laws, all assets and debts a couple acquires during marriage belong equally to both spouses. … Only community property is split between the spouses. Each spouse will retain his or her separate property following a divorce.

How long does it take to get a divorce in Arizona?

Technically, an uncontested divorce could be over in as little as about 70 days—but those situations are rare. On average, an uncontested divorce will take between 90 and 120 days.

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How is alimony determined in Arizona?

How is Alimony Determined? The court takes into account a number of financial and work-related issues pertaining to both parties in a divorce. Depending on the length of the marriage, the party’s income levels, and work history, the court may (or may not) decide to include maintenance as part of the divorce settlement.

How many years do you have to be married to get alimony in Arizona?

A short duration marriage may result in a smaller amount or shorter duration of a spousal maintenance award. Most Arizona judges consider a marriage lasting between ten to fifteen years to be marriages of moderate duration, which may justify a larger award of alimony for a greater length of time.

How does adultery affect divorce in Arizona?

The vast majority of divorces in Arizona are “no-fault,” which means that it’s not necessary to prove marital misconduct (like adultery), or that an innocent spouse was harmed. The courts won’t even consider evidence of wrongdoing. They will simply grant a divorce and end the marriage.

Does it matter who files for divorce first in Arizona?

Does It Matter Who Files First for a Divorce in Arizona? From a purely legal standpoint, it generally does not matter who files for a divorce first in Arizona.

Can you date while separated in Arizona?

You may not remarry until your divorce is finalized and your decree of dissolution has been filed. Dating is not prohibited; however, it is important that you discuss this matter with your attorney for your particular case as dating may affect the dynamics of your case.

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Does Arizona require separation before divorce?

Arizona does not require you to be separated from your spouse before you can get divorced. You do, however, have to wait for a period of time before your divorce is finalized.

How long after a divorce can you remarry in Arizona?

There is no waiting period in Arizona.

Does wife automatically get half?

How will the court divide our property? The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.

How much alimony will I pay in Arizona?

The formula provided the alimony award should be between 30% to 50% of the length of the marriage. There are many factors affecting whether the duration should be closer to 30% or 50% of the length of the marriage. This formula for calculating spousal maintenance is very simplistic.

What is reasonable spousal maintenance?

For the person seeking spousal maintenance, it is a question of his or her reasonable needs given the standard of living during the marriage and his or her ability to meet those needs independently from earnings and/or income from property being awarded to them in the dissolution of the marriage.

Can a spouse kick you out of the house in Arizona?

Arizona is a community property state so both spouses have rights to shared marital property. If you have purchased a home with your spouse and are living together, the home belongs to both of you. … Unfortunately, while you may want to force a spouse to move from a family home, generally this will not be possible.

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What is a fair spousal support amount?

The amount should be decided by both parties. Some common ways of calculating spousal support are to take up to 40% of the paying spouse’s net income (post-child support), less 50% of the amount of the supported spouse’s net income (if he or she is working). Spousal support can be waived by the recipient spouse.

Do you still get alimony if you remarry?

Yes. The obligation to pay future alimony ends when the supported spouse remarries. … The paying spouse doesn’t have to return to court—payments may simply stop as of the date of the marriage. The payor is entitled to reimbursement for all maintenance paid from that date forward.

After Divorce