family law Divorce

Every family law case is unique, which means every case requires its own solution. If you choose to be represented by The Peterson Law Firm, you will find that you are not simply another file in a drawer. You will have easy access to your attorney, who will be able to explain the aspects of Arizona divorce to you and help you through the process.

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A divorce, legally called a "dissolution of marriage," is a court procedure to end a marriage.

The person who starts the divorce is known as the Petitioner. The other party is known as the Respondent. Arizona is recognized as a “no-fault state,” which means that neither spouse needs to give a reason for the divorce. Only one person needs to declare that he or she believes the marriage is irreparable.

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This can be more complicated if a couple chooses to have a "covenant marriage" at the time of their marriage or later convert their marriage to a covenant marriage. This type of marriage represents a commitment by each person to make all reasonable efforts to remain married, only pursuing a divorce if it is based on some recognized fault. The couple is required to take premarital counseling prior to the marriage and agree that they will only divorce if proper grounds exist. The party seeking the divorce is required to prove fault as explained by Arizona law. Examples of appropriate grounds for divorce in a covenant marriage include, but are not limited to: adultery, domestic abuse or violence, abandonment, felonious behavior, or both spouses agreeing to a divorce.

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It is also important to remember that Arizona has a residency requirement that prevents anyone from filing for divorce if he or she has not maintained residence in Arizona for at least 90 days prior to filing.

You are not required to hire an attorney for your divorce; but remember, a court will not simply terminate a marriage. It must make a finding on many of the following issues: legal decision making (formerly custody), parenting time and child support; spousal maintenance (alimony); division of property acquired during the marriage; assign responsibility for debts incurred during the marriage; and determine responsibility for attorney fees and costs. Perhaps you are reading this and thinking your situation is not this complex, but divorce proceedings rarely go as smoothly as you would hope. Let an experienced, knowledgeable attorney help you. Contact The Peterson Law Firm, where we are committed to protecting you and your family.

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