Arizona is a community property state when it comes to dividing marital assets. In the event that you cannot agree on the value of marital assets, the court may assign a value. You can also retain the services of an appraiser to place a value on your property. For example, if you are trying to assign a value to retirement accounts and assets, you may need the services of a C.
Complicated asset matters like the co-mingling of separate property with marital assets, or cases with expansive asset portfolios, may benefit from the services of an Arizona divorce attorney. Figuring out a value for either spousal or child support is discretionary. The courts look at a variety of factors when deciding on award amounts. Arizona courts look at what is best for the children in a divorce when deciding child custody matters.
They base custody decisions on a variety of factors, and weigh input from the parties as well. They also look at allegations of domestic or child abuse.
Either parent could be ordered to pay support. There are established guidelines for determining the amount of child support, and they are reviewed periodically to make sure the amounts are still appropriate. The courts utilize information about the financial needs of a child, what the resources and needs are of the custodial parent, the emotional and physical condition of the child, medical support plans, and more. Child support may continue on past the age of majority in some instances if there are mental or physical disabilities that keep the child from living a full and independent life.
Arizona has what is known as a Conciliation Court, which is a branch of the Superior Court. It is not necessarily available in all counties, however. The Conciliation Court offers a variety of services, including mediation, education, and counseling, which are designed to protect the institution of marriage and the rights of children whose parents are involved in a divorce. The idea behind this branch is the hope that couples might reconcile or at least reach an amicable settlement division.
The court has discretion on whether to order a conciliation conference, which is typical with a covenant marriage, or as a means of trying to reach an amicable settlement of the sticking points of the divorce. Couples also have the option to invoke the jurisdiction of the conciliation court prior to filing for a divorce, legal separation, or even annulment to help them reach an amicable settlement arrangement.
However, if you have a covenant marriage, the grounds for getting a dissolution granted are different. With this type of marriage, you may have to prove grounds, like adultery or physical or sexual abuse, if the divorce is contested. Annulments are recognized in the state of Arizona.
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Annulment scenarios may include marriages between relatives, like a half-brother and half-sister, or a marriage where one party was underage and there was no consent of a parent or legal guardian. The state of Arizona also recognizes legal separations.
One party must be a resident of Arizona, and both parties must agree to the separation. In the event that one party objects to the legal separation, the court will direct the parties to amend their pleadings and file for a dissolution of marriage. Covenant marriages became recognized under Arizona law in the late s. It offers an option for couples who wish to marry and place complete emphasis on the belief that a marriage is a lifelong commitment. Couples interested in covenant marriages have to meet with a clergy member or marriage counselor for premarital counseling sessions.
How to File for Divorce in Arizona | Rocket Lawyer
There is a special declaration on the marriage application form for couples who wish to have a covenant marriage. This means ending a covenant marriage is also more difficult and a divorce can only be granted in limited situations. You must also include the addresses, telephone numbers, email addresses, and social security numbers of both spouses.
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In Arizona, almost all records filed in your Arizona divorce case are a matter of public record, which means anyone can obtain a copy of documents you file in your Arizona divorce case. The Sensitive Data Sheet is an exception to that general rule.
Because the information contained on the Sensitive Data Sheet contains such personal information, the public cannot obtain a copy of it from the Clerk of the Court. It is alright if you do not have all of the information requested in the Sensitive Data Sheet. Some people are confused regarding the payment of debts to creditors during a divorce in Arizona.
What Is a No-Fault Divorce?
If a debt was incurred during your marriage, regardless of whether your name appears on that debt, you and your spouse are both liable for that Debt. The Notice to Creditors is a document that needs to be completed when filing for divorce in Arizona.
That Notice to Creditors informs you and your spouse that you are both liable to creditors for all community debts. The Notice to Creditors also informs you and your spouse that you both remain liable to the creditors even if the court orders the other spouse to pay that debt. The reason for this is that a court order for the payment of debt is binding on the spouses but is not binding on the creditor who is not a party in the divorce case.https://norrrepdidystmel.tk
Is Arizona a No-Fault Divorce State?
Arizona law requires that you also file a Notice of Right to Convert Health Insurance at the same time you are filing for divorce in Arizona. The Notice of Right to Convert Health Insurance provides important information on your right to convert your health insurance. You can also do the same for your children if you are the primary caregiver of the children.
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If you do not have children, you are not required to take the class. The class is designed to enlighten you to the effect a divorce may have on your children and provide positive solutions for dealing with those issues. Custody and parenting time issues are easily resolved in a divorce if both parents focus on the best interests of their children.
A simple parenting plan can be drafted when the parties agree on child custody and parenting time arrangements for their children. Failure to take the class may result in the issuance of sanctions against you and may hold up the court issuing a final divorce decree in Arizona. You may also complete required forms online through ezCourtForms. This interactive program will help you complete needed forms. You can use these forms or the forms from the Law Library Resource Center. Family Presiding Judge Bruce R. This page was last updated on: Thursday, August 9, PM.
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