How long do you need to be separated before divorce in Arizona

In Arizona, you do not have to separate for any time before filing for divorce. However, the state does require a 60-day waiting period before you and your spouse can finalize your divorce. You must also resolve all outstanding issues, including division of community property, alimony, and child custody or support before the court will finalize your divorce.

 

Why Do You Have to Wait 60 Days If You Do Not Have to Be Separated?

Even though Arizona does not require a separation period before a couple can divorce, the state still has a waiting period. A couple must wait at least 60 days after filing the divorce petition before the court can finalize the divorce by issuing a divorce decree. Some people call this 60-day waiting period a “cooling off” period since heated emotions may lead to one spouse filing for divorce, only to decide later to continue the marriage. The 60-day waiting period also allows either spouse to seek free marriage counseling offered by the court. Spouses may use the time to negotiate a marital settlement resolving outstanding issues in their divorce.

What Are the Residency Requirements for Divorce in Arizona?

Before filing for divorce in Arizona, you or your spouse must have resided in the state or have established your primary residence in Arizona for at least 90 days.

Is Arizona a No-Fault Divorce State?

Arizona law allows couples to seek a “no-fault” divorce. A no-fault divorce occurs when one or both spouses no longer wish to continue the marriage for any reason. However, most no-fault divorces occur when spouses have irreconcilable differences that lead to an irretrievable breakdown of the marriage.

In most marriages, either spouse may file for a no-fault divorce – even if the other spouse objects to getting divorced. However, Arizona covenant marriages require both spouses to agree to a no-fault divorce. If one spouse in a covenant marriage objects to divorce, the spouse seeking divorce must prove one of the statutory grounds to terminate a covenant marriage.

Can You Date While Separated in Arizona?

Arizona law does not prohibit spouses from dating other people while separated pending a potential divorce. However, dating while separated can have negative consequences if you get divorced. The court may look unfavorably on someone who cannot wait until they’ve finalized their divorce to begin dating new people. This may be particularly true when a couple has young children, as moving on by dating may suggest a failure to prioritize the children. Dating so soon after separation could also make the other spouse suspicious that the dating began before the couple’s separation. You should talk to a lawyer about the effects dating other people during separation may have on a later divorce.

What Is Abandonment in a Marriage in Arizona?

Abandonment of a marriage occurs when a spouse physically leaves the marital home and begins living elsewhere. Under domestic relations law, a court may find that a spouse has abandoned their marriage when they have stopped cohabitating with their spouse, without cause, without the spouse’s consent, and with no intention of reuniting or resuming the marital relationship.

However, abandonment does not occur when one spouse moves out of the marital home or a couple begins living separately according to their mutual agreement. Abandonment also is not when a spouse moves out as part of a “trial” separation unless that spouse cuts off all support for the family.

Under certain circumstances, abandonment of marriage can be a misdemeanor under Arizona law. The abandonment of spouse statute states that a married person with the ability to provide for their spouse who leaves them destitute commits a class 1 misdemeanor.

How Does the Divorce Process Work in Arizona?

The divorce process in Arizona begins when you file a petition for dissolution of marriage with the court. You must serve a copy of the petition on your spouse, who can file an “answer” contesting any allegations in the petition. In some divorce cases, the court will schedule a temporary order hearing to resolve outstanding issues pending the final divorce decree. These issues may include child custody and support, spousal support or maintenance, and which spouse may continue to live in the marital home.

Spouses will then go through the discovery process, during which they exchange financial disclosures as required by law. Spouses must disclose their income, assets, and liabilities. They may also serve interrogatories, requests for the production of documents, and deposition subpoenas to obtain additional information regarding outstanding issues in the divorce.

The couple can settle the divorce out of court if they can agree on everything. But if a couple doesn’t settle all outstanding issues in their divorce, the court will schedule a final hearing or trial. The court will hear testimony from the spouses and their experts, financial information, and legal arguments from the spouses’ attorneys. At the end of the divorce process, the court will issue a final divorce decree that either incorporates the parties’ settlement or sets forth the court’s order to resolve outstanding issues such as custody, support, and property division.

Do All Arizona Divorces Go to Trial?

Most divorce cases avoid trial because spouses resolve outstanding issues in their divorce through a settlement agreement. The court only needs to hold a trial if a couple cannot agree on an issue in their divorce, such as child custody, support payments, or dividing community property.

Contact an Arizona Divorce Lawyer

If you have more questions about the divorce process in Arizona, talk with an Arizona divorce lawyer about your rights and obligations when you and your spouse file for divorce. Contact Mushkatel, Gobbato, & Kile, P.L.L.C. today for a confidential consultation.

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