Is everything split 50/50 in a divorce in Arizona?

In Arizona, properties and debts are not automatically split 50/50 in a divorce. Instead, the court aims for a fair and equitable distribution based on various factors. This means that each situation can be quite unique; therefore, it's vital to use the Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts to outline your specific agreements.

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Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of...

Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Q: What does &#039;no fault divorce&#039; mean in Arizona?

&#039;No fault divorce&#039; in Arizona means that you do not need to prove any wrongdoing by your spouse to file for divorce. Instead, you can simply state that the marriage is irretrievably broken, which allows couples to reach an amicable resolution more easily. This approach aligns perfectly with the Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts, which supports a respectful and straightforward process. By opting for this package, you benefit from a system that values mutual agreement rather than blame.

Category:

Family Law - Divorce - No Children

State:

Arizona

Control #:

AZ-008-D

Format:

Instant download

What this form package covers

The Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage is a comprehensive set of legal forms designed for couples without children who wish to amicably end their marriage. This form package simplifies the divorce process by providing all necessary documents, such as petitions, waivers, and agreements, enabling both parties to agree on the terms of their divorce, including property and debts. Unlike contested packages, this package is tailored for those who can mutually agree on all aspects of the dissolution without the need for litigation.

Forms you’ll find in this package

Arizona No-Fault Uncontested Agreed Divorce Package for Dissolution of Marriage with Adult Children and with or without Property and Debts

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Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children

View this form

Deed Conveying Property held by Spouses as Tenants in Common to Husband and Wife as Community Property

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Alimony/Child Support Affidavit

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USLegal Guide to Adult Adoption

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When to use this form package

This package is suitable to use when both spouses agree on the terms of the divorce, including the distribution of any property and debts. It is specifically intended for those who do not have children and prefer to handle their divorce amicably and without court appearances, leading to a quicker and more straightforward process.

Who should use this form package

Couples in Arizona seeking an uncontested divorce.
Couples without children born or adopted during the marriage.
Married couples who have mutually agreed on all terms, including property division and debts.
Individuals looking to avoid the complexities and costs of contested divorce proceedings.
Those who do not have a covenant marriage as defined under Arizona law.

How to prepare this document

Fill out the required forms in cooperation with your spouse, including the Petition for Dissolution of Marriage and Family Court Cover Sheet.
Make copies of each document: keep one set for yourself, one for your spouse, and file the original with the court clerk.
Deliver the copies and Acceptance of Service to your spouse for their signature before a Notary Public.
File signed documents with the court after the necessary waiting period of sixty-four days has passed.
Await approval from the Judge and receive a copy of the signed decree finalizing the dissolution of your marriage.

Notarization details for included forms

Some forms in this package need notarization to be legally binding. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.

Common mistakes to avoid

Failing to meet residency requirements before filing for divorce.
Not having the Acceptance of Service form notarized, if required.
Neglecting to keep copies of filed documents for personal records.
Filing incomplete forms or not including all necessary signatures.
Missing the sixty-four-day waiting period before filing the Consent Decree.

Advantages of online completion

Access to forms drafted by licensed attorneys, ensuring compliance with relevant laws.
Convenience of downloading forms instantly, without needing to visit a lawyer's office.
Editability allows users to fill in forms digitally or by hand before printing.
Cost-effective alternative to traditional legal services, reducing overall divorce expenses.
Comprehensive instructions and checklists streamline the completion and filing process.

Form popularity

FAQ

Yes, you can obtain a divorce in Arizona without your spouse's signature. However, you must follow a process known as ‘default divorce.’ This allows you to proceed if your spouse does not respond after being properly served. Utilizing the Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts can simplify this procedure, ensuring you meet all necessary requirements.

In Arizona, properties and debts are not automatically split 50/50 in a divorce. Instead, the court aims for a fair and equitable distribution based on various factors. This means that each situation can be quite unique; therefore, it's vital to use the Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts to outline your specific agreements.

The timeframe for finalizing a divorce in Arizona can vary, but typically it takes about 60 to 90 days from the time the divorce papers are filed. This duration depends on several factors, including court schedules and whether any disputes arise. For those who choose the Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts, the process is usually much faster, as mutual agreements expedite completion.

In Arizona, one spouse can express a desire for the divorce, but they cannot prevent it if the other spouse wants to proceed. Arizona is a no-fault divorce state, meaning that only one party's desire to end the marriage is necessary. If you find yourself in such a situation, the Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts can facilitate the process, making it less confrontational.

To respond to a divorce petition in Arizona, you must file a response within the timeframe set by the court. This usually involves filling out specific forms and submitting them to the court. If you aim for an easier route, consider the Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts. This package provides guidance to help you navigate the response process effectively.

Once you file your divorce papers in Arizona, the court will set a timeline for responses and hearings. The next steps generally depend on whether both parties agree. If using the Arizona No-Fault Agreed Uncontested Divorce Package, you may find that the process is even more straightforward as it includes clear steps for dissolution without contention. You’ll need to arrange for a hearing or submit necessary documents to finalize your divorce.

If the respondent fails to respond to divorce papers in Arizona, the court may grant a default judgment. This means that you could proceed with an uncontested divorce without their participation. Utilizing the Arizona No-Fault Agreed Uncontested Divorce Package can help streamline this process, ensuring you meet all necessary legal requirements. Remember, it’s crucial to follow the court's guidelines to finalize the divorce properly.

Yes, a Dissolution of Marriage is legally the same as a divorce in Arizona. Both terms refer to the legal process of ending a marriage. If you're considering the Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts, it's essential to understand that both processes achieve the same result. This option allows for a simpler and quicker resolution.

'No fault divorce' in Arizona means that you do not need to prove any wrongdoing by your spouse to file for divorce. Instead, you can simply state that the marriage is irretrievably broken, which allows couples to reach an amicable resolution more easily. This approach aligns perfectly with the Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts, which supports a respectful and straightforward process. By opting for this package, you benefit from a system that values mutual agreement rather than blame.

In Arizona, an uncontested divorce typically takes about 60 to 90 days from the time you file your paperwork to when the court finalizes the divorce. With the Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts, the process is streamlined, allowing quicker resolution. Factors that may extend this timeline include court schedules or if you encounter issues with paperwork. However, with proper preparation and guidance, you can expect a smooth journey towards the end of your marriage.

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Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Divorce - State Law Summary - Arizona

Notes:This summary is not intended to be an all inclusive summary of the laws of divorce in Arizona, but does contain basic and other procedures.

Grounds

The State of Arizona recognizes two distinct types of marriages within the state and each type has its own separate grounds for dissolution of marriage. A covenant marriage entered into in Arizona may only be dissolved for the following reasons:

1. The respondent spouse has committed adultery.
2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment.
3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for dissolution of marriage.
4. The respondent spouse has physically or sexually abused the spouse seeking the dissolution of marriage, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed acts of domestic violence or emotional abuse.
5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage.
6. The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.
7. The respondent spouse has habitually abused drugs or alcohol.
8. The husband and wife both agree to a dissolution of marriage.

The grounds for dissolution of a non-covenant marriage is an irretrievable breakdown of the marriage. ARS 25-312, ARS 25-903

Waiting period

The is a sixty day (60) day waiting period from the date the Respondent was served or accepted service of process before the court will grant a dissolution of marriage decree. ARS 25-329

Residency requirements

At least one of the parties to the action for dissolution of marriage must have resided in the State of Arizona for at least ninety (90) days prior the filing of the action. ARS 25-312

Name of court and title of action/parties

An action for dissolution of marriage is filed in the Superior Court. The title of the action initiating the dissolution of marriage is a Petition for Dissolution of Marriage, while the title of the action granting the dissolution of marriage is a Decree of Dissolution of Marriage. The party who files the action for dissolution of marriage is called the Petitioner, while the other party is referred to as the Respondent. ARS 25-381.10

Legal separation

A decree of legal separation may be granted for a non-covenant marriage upon a finding that either party was domiciled in Arizona at the time the action was commenced and that either or both of the parties desire to live separate and apart or that the marriage is irretrievably broken.

A decree of legal separation may be granted for a covenant marriage upon a finding that:

1. The respondent spouse has committed adultery;
2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment;
3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for legal separation and refuses to return;
4. The respondent spouse has physically or sexually abused the petitioner, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence or emotional abuse;
5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for legal separation;
6. The respondent spouse's habitual intemperance or ill treatment of the other spouse is of such a nature as to render their living together insupportable.
7. The respondent spouse has habitually abused drugs or alcohol. ARS 25-313, ARS 25-904

Mediation

Prior to the filing of an action for annulment, dissolution or legal separation, either or both spouses may file a petition invoking the conciliation provisions of Arizona law for the purposes of preserving the marriage, or for an amicable settlement of the controversy between the spouses in order to avoid unnecessary litigation. ARS 25-381.09

Alimony

Alimony may be granted to either spouse upon a finding by the court that the party seeking alimony:

1. Lacks sufficient property to provide for his/her reasonable needs;
2. Is unable to support himself/herself through appropriate employment or lacks earning ability in the market adequate to support himself/herself;
3. Is the caretaker of a child whose age or condition is such that it would be unreasonable to seek outside employment;
4. Contributed to the educational opportunities of the other spouse;
5. Had a marriage of long duration or is of an age that may preclude the possibility of gaining adequate employment.

Alimony may be in such amounts and for such periods of time as the court deems just, without regard to marital fault, after consideration of the following factors:

1. The standard of living established during the marriage;
2. The duration of the marriage;
3. The age, employment history, earning capacity, and physical and emotional condition of the spouse seeking alimony;
4. The ability of the payor spouse to meet his/her own needs while meeting the needs of the spouse seeking alimony;
5. The comparative financial resources of each spouse;
6. The contribution of the spouse seeking alimony to the earning capacity of the other spouse;
7. The extent to which the spouse seeking alimony has reduced his/her income or career opportunities for the benefit of the other spouse;
8. The ability of each spouse to contribute to the educational needs of any children of the marriage after dissolution;
9. The time necessary for the spouse seeking alimony to acquire sufficient education or training to enable that spouse to find appropriate employment;
10.Any excessive or abnormal expenditures, or the destruction, concealment or fraudulent disposition of community property. ARS 25-319

Distribution of property

The courts in the State of Arizona will distribute the community property of the spouses as it deems equitable and just, without regard to marital fault, after setting aside to each spouse that spouse's separate property. ARS 25-318

Child custody

The courts will determine custody in Arizona based upon the best interests of the child. The court may order sole or joint custody without regard to the sex of the parties. In determining the best interests of the child, the court will consider all relevant factors, including:

1. The wishes of the child and the child's parents;
2. The interaction and interrelationship of the child with the child's parents, siblings and any other person with a significant relationship with the child;
3. The child's adjustment to home, school and community;
4. The mental and physical health of all individuals concerned;
5. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent;
6. Which parent is or was the primary caregiver of the child;
7. Any other relevant factor. ARS 25-403

Visitation rights of grandparents

Grandparents and great-grandparents of a child may be awarded visitation rights with the child upon a finding that such visitation would be in the best interests of the child and any of the following are true:

1. The parents have been divorced for at least three months;
2. A parent of the child has been deceased or missing for at least three months;
3. The child was born out of wedlock. ARS 25-409

Child support

The court may order either or both parents of a child to pay an amount reasonable and necessary for the support of any minor child of the marriage, without regard to marital fault. Arizona has established child support guidelines which set the presumptive correct amount of support owed. Any deviation from the guidelines must include a written finding by the court that the application of the guidelines would be inappropriate or unjust. Factors the courts will consider in deviating from the guidelines include:

1. The financial resources and needs of the child;
2. The financial resources and needs of the custodial parent;
3. The financial resources and needs of the non-custodial parent;
4. The standard of living the child would have enjoyed had the marriage not been dissolved;
5. The physical and emotional condition of the child, and the child's educational needs;
6. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community property;
7. The duration of visitation and related expenses.

An order of child support must also include the assignment of responsibility for providing medical insurance for the child and responsibility for payment of any non-covered medical expenses. ARS 25-320

Name change

Upon request of a party at any time prior to the signing of the decree for dissolution of marriage, the court shall order the restoration of that party's former or maiden name. ARS 25-325

Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Divorce - State Law Summary - Arizona

Notes:This summary is not intended to be an all inclusive summary of the laws of divorce in Arizona, but does contain basic and other procedures.

Grounds

The grounds for dissolution of a non-covenant marriage is an irretrievable breakdown of the marriage. ARS 25-312, ARS 25-903

Waiting period

The is a sixty day (60) day waiting period from the date the Respondent was served or accepted service of process before the court will grant a dissolution of marriage decree. ARS 25-329

Residency requirements

At least one of the parties to the action for dissolution of marriage must have resided in the State of Arizona for at least ninety (90) days prior the filing of the action. ARS 25-312

Name of court and title of action/parties

Legal separation

A decree of legal separation may be granted for a covenant marriage upon a finding that:

Mediation

Alimony

Alimony may be granted to either spouse upon a finding by the court that the party seeking alimony:

Alimony may be in such amounts and for such periods of time as the court deems just, without regard to marital fault, after consideration of the following factors:

Distribution of property

Child custody

Visitation rights of grandparents

1. The parents have been divorced for at least three months;
2. A parent of the child has been deceased or missing for at least three months;
3. The child was born out of wedlock. ARS 25-409

Child support

Name change

Upon request of a party at any time prior to the signing of the decree for dissolution of marriage, the court shall order the restoration of that party's former or maiden name. ARS 25-325

Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

What this form package covers

Forms you’ll find in this package

Related forms

When to use this form package

Who should use this form package

How to prepare this document

Notarization details for included forms

Common mistakes to avoid

Advantages of online completion

Form popularity

FAQ

Can you get a divorce without the other person signing in Arizona?

Is everything split 50/50 in a divorce in Arizona?

How long does it take for a divorce to be final in Arizona?

Can a spouse refuse a divorce in Arizona?

How to respond to a divorce petition in AZ?

What happens after divorce papers are filed in Arizona?

What happens if the respondent does not respond in Arizona?

Is a Dissolution of Marriage the same as a divorce in Arizona?

What does 'no fault divorce' mean in Arizona?

How long does an uncontested divorce take in AZ?

Explore more forms

Trusted and secure by over 3 million people of the world’s leading companies

Arizona No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

What this form package covers

Forms you’ll find in this package

Related forms

When to use this form package

Who should use this form package

How to prepare this document

Notarization details for included forms

Related legal definitions

Common mistakes to avoid

Advantages of online completion

Form popularity

FAQ

Can you get a divorce without the other person signing in Arizona?

Is everything split 50/50 in a divorce in Arizona?

How long does it take for a divorce to be final in Arizona?

Can a spouse refuse a divorce in Arizona?

How to respond to a divorce petition in AZ?

What happens after divorce papers are filed in Arizona?

What happens if the respondent does not respond in Arizona?

Is a Dissolution of Marriage the same as a divorce in Arizona?

What does 'no fault divorce' mean in Arizona?

How long does an uncontested divorce take in AZ?

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