Archive for January, 2017

What are the Requirements for a Divorce in Arizona

Posted on: January 12th, 2017 by Kevin Jensen

What are the Requirements for a Divorce in Arizona?

I often tell my new clients that one of the unfortunate aspects of being a practicing family law attorney in Arizona is that I get to meet a lot of really wonderful people in some of the worst and darkest times of their lives. After all, people do not generally get married with the idea they will later divorce. For most of us, our wedding day ranks up there with the greatest days of our lives. It is the day we commit to the person we love to honor and cherish them forever. Unfortunately, for many people, the happily ever after fairy tale does not have the happy ending hoped for on their wedding day. Love and hope are often replaced with anger and uncertainty. Many people find themselves afraid of the future and not knowing what to expect when their marriage becomes unraveled.

And so it is with this setting that so many people come to my office seeking advice about divorce. Many people are seeking reassurance and an understanding of what to expect while dealing with the inevitable pain that divorce brings. For others, the divorce cannot come soon enough. Some choose to pursue the divorce and others have no choice because their spouse is seeking the divorce. Regardless of the individual circumstances, the question I am always asked is “how do I get a divorce in Arizona? Or, “where do I begin to get a divorce?”

To start with, it is important to understand that before an Arizona family court can grant a divorce, the court must be sure that it has the authority, or jurisdiction to grant a divorce. Thus, under Arizona law, there are a few jurisdictional requirements that must be met before the Court can ultimately grant a divorce. The very first step, however, is to file a Petition for Dissolution of Marriage. The Petition for Dissolution of Marriage is your ticket into family court and advises the court as to your position on the vital issues in the divorce case such as division of property and debts, child-related issues such as legal decision-making, parenting time and child support and your position on spousal maintenance or alimony.
The Petition for Dissolution also includes a jurisdictional statement that informs the court that you qualify for a divorce in Arizona. These jurisdictional requirements (or legal requirements) for a divorce in Arizona can be found in A.R.S. §25-311 and include the following:

a. At least one party (husband or wife), at the time the divorce was filed, was domiciled in the State of Arizona or was stationed in the State of Arizona while a member of the armed services, for at least 90 days prior to the date the Petition for Dissolution was filed.
This means that at least one party to the divorce has to have lived in the State of Arizona for at least 90 days prior to the date the Petition for Dissolution is filed. It is not uncommon for potential clients to call me from other states and ask if they can file for divorce in Arizona. The answer is yes if your spouse that you are seeking a divorce from has been living in Arizona for at least the past 90 days. Another common scenario I often see is a party who has recently moved to Arizona. If you move to Arizona and your spouse does not already live here, you cannot file for divorce in Arizona until you have lived here at least 90 days.

b.The party filing the Petition for Dissolution must affirm that the conciliation provisions of A.R.S. §25-381.09 either do not apply or have been met.

The State of Arizona supports marriage and discourages divorce. The State deems it good for society and for the State for couples who get married to stay married if at all possible. As such, the State offers services for couples who are contemplating divorce to try to save their marriage and avoid divorce altogether. These are not mandatory services. Many people who come to my office seeking a divorce have already tried private counseling to try to save their marriage. Conciliation Services is simply another option to try to save your marriage. For purposes of the Petition for Dissolution of Marriage; the person filing the Petition must state in the Petition that he or she either has participated in Conciliation Services or that he or she does not think such services will help save the marriage.

c.The party filing the Petition must avow to the Court that he or she believes the marriage is irretrievably broken, or if it is a covenant marriage that the requirements of A.R.S. §25-903 have been met.

Arizona is a no-fault state. This means that Arizona family courts do not care what your reason is for seeking a divorce. A party seeking a divorce in Arizona must simply state that he or she feels the marriage is irretrievably broken (permanently broken) and cannot be saved. That’s it. The provision of a covenant marriage does not apply to the vast majority of people. A large majority of married couples in Arizona do not have a covenant marriage. Covenant marriages will be addressed in more detail in a later blog.
In addition to the above jurisdictional requirements, the Petition must also contain the following information:

a.The birth date, occupation, social security number if a duty of support exists or may exist, and an address for each party and the length of domicile in the State of Arizona for each party;

b.The date and place of marriage and whether the marriage is a covenant marriage;

c.The names, birth dates, social security numbers, and addresses of all living children, natural or adopted, common to the parties and whether the wife is pregnant;

d.The details of any agreements between the parties as to child support, custody and parenting time of the children and maintenance of the spouse (alimony);

e.The relief sought. This simply means that the party filing the divorce must tell the court how he or she wants the court to rule on the issues that exist in the case.

A Petition for Dissolution of Marriage in Arizona must be verified. That is to say that the person filing the Petition must state that he or she has read the Petition for Dissolution and that everything stated in the Petition is true and accurate to the best of that person’s knowledge. The verification (signature of the party) is typically notarized, thus, the Petition is filed under oath by the party filing the Petition.

The Petition for Dissolution is really the first step in an Arizona divorce lawyer. It must be complete and thorough enough for the Court to review it and be assured that all jurisdictional and other legal requirements have been met as outlined above. It also must be clear and thorough enough that the other party can read it and know what you are asking the Court to do, even if he or she does not agree with your position on the issues.

Divorce is not pleasant and the truth is that the legal aspects of divorce can be difficult and confusing and only add further to your stress. Every case is different in terms of the issues and complexity of the case. What is not different is the starting point. It can be vital to your case to properly prepare and plead your divorce case. Divorce is stressful enough. I always recommend at least consulting with an attorney before filing for divorce to make sure you understand all of the issues that will need to be addressed and to assure that your divorce pleadings (legal paperwork) is prepared and filed correctly with the Court.

Contact one of our office locations below.

Jensen Law – Family Law and Divorce Attorneys
3740 E Southern Ave #210, Mesa, AZ 85206
(480) 999-2321
https://www.familylawattorneymesaaz.net

Jensen Law – Family Law and Divorce Attorneys
4365 E Pecos Rd # 130, Gilbert, AZ 85295
(480) 900-2302
http://divorceattorneygilbertaz.com

The Law Offices of Kevin Jensen
3740 E Southern Ave, Mesa, AZ 85206
(480) 632-7373
https://jensenlawaz.com

DOES IS MATTER WHY I WANT TO GET DIVORCED

Posted on: January 12th, 2017 by Kevin Jensen

DOES IS MATTER WHY I WANT TO GET DIVORCED?

Over the years as an Arizona family law attorney, I have consulted with hundreds and hundreds of people about divorce. In nearly every divorce consult I do I explain that in the typical Arizona divorce there are usually three or four primary issues the family court must address, one of which is the actual dissolution of the marriage. This part of the consult almost always leads to the person I am consulting with to share the reason he or she is seeking a divorce from their spouse. It probably goes without saying that I have heard just about every reason you can imagine why a person would seek a divorce. The most common reasons for divorce are not hard to imagine: infidelity, drug and alcohol abuse, physical abuse, financial stress, involvement in pornography or just simply growing apart. This is certainly not an exhaustive list.

The issues listed above would understandably test the marriage vows of most of us. These types of issues have a profound impact on marriages and all family members. In many cases, the impact can be devastating emotionally, physically and financially. For this reason, most people are surprised when I tell them that the family court judge will not really care about why they want to get divorced. A typical response to this statement might be: “how can that be?” “Why doesn’t the court care that my spouse has been lying and cheating and having an affair?” These are all good and fair questions. In some cases the potential client may even believe that because their spouse has been unfaithful or using drugs they may even be entitled to more from the divorce than he or she might otherwise be entitled; almost like damages for their pain and suffering. I think these feelings are natural and understandable. But, the truth remains that in Arizona, the reason for the divorce does not matter for purposes of the family court judge granted a divorce in Gilbert AZ.

The simple explanation is that Arizona is a “no-fault” divorce state. A “no-fault” divorce is a divorce where the party seeking the dissolution of the marriage does not need to show any wrongdoing by either party in order for the court to grant the divorce. In Arizona, a family court can grant a divorce so long as one party states that his or her marriage is irretrievably broken and so long as that party meets the other jurisdictional requirements for divorce in Arizona, which I have discussed in more detail here. The fact that your spouse is abusing drugs or has been unfaithful does not increase your ability to get a divorce in Arizona. That is not to say that those issues do not have any impact at all in the divorce proceedings; it is just not necessary that you demonstrate to the court that your spouse has engaged in these activities in order for the court to grant you your divorce.

So if the reason for divorce does not matter, it begs the question: in what circumstances would drug abuse, infidelity or other issues have any bearing in your divorce case? These issues are not to be ignored. They can certainly have a tremendous impact on other aspects of your case. For example, the fact that your spouse may be a drug addict will likely have a significant impact on how much parenting time or legal decision-making authority he or she will get with the minor children. The fact that a spouse spent community funds on an affair could have an impact on the family court’s decision regarding the division of community property. Spending community funds on an affair might be considered waste and may entitle the non-cheating spouse to more money when it comes time to divide the remaining community assets.

So, just because “no-fault” eliminates the need to demonstrate wrongdoing to get a divorce; it does not necessarily mean a spouse who has made bad choices that have resulted in the decision to get a divorce has zero consequences. Be open and honest with your attorney so he or she can properly evaluate what impact those bad decisions may have on your case and don’t be too concerned when your attorney tells you that the judge may not necessarily care why you are getting a divorce.

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