Divorce in Peoria, AZ can become a complicated process. It may involve complex legal issues as well as emotionally charged disputes about matters such as custody of the children and division of community property. For this reason, you should seek representation from an attorney who will approach your divorce case with a balance of legal skill and compassion.
The top Peoria family law attorneys of Mushkatel, Gobbato, & Kile, P.L.L.C. are here for you. Our experienced and caring divorce lawyers can quickly and efficiently help you to review and explore all of your options as you seek to terminate your marriage. Our goal will be to help you and your loved ones to enjoy a brighter future. To learn more, contact us today to speak with one of our divorce lawyers in Peoria about your divorce case.
What Are the Requirements for Filing for Divorce in Peoria, Arizona?
In Arizona, a person initiates a divorce by filing a Petition for Dissolution of Marriage. The petition must include information that includes:
- The names and dates of birth of the parties
- Where the parties live
- Reason for the court’s jurisdiction
- When the parties were married
- When the parties began living apart
- Whether the parties have children together
- Whether any assets or debts must be divided
- Whether the party seeks maintenance
- Grounds for the divorce.
To file a petition for divorce, the person who files the petition or the person’s spouse must have resided in Arizona for at least 90 days before the filing date.
What Are the Grounds for a Divorce in AZ?
Arizona is a no-fault divorce state. This means that neither spouse needs to provide a reason for the divorce other than the fact that the marriage is “irretrievably broken.” However, Arizona is one of just three states that recognizes what is known as a “covenant marriage.” If you are in a covenant marriage, you must prove grounds in order to obtain a divorce such as:
- Adultery – Your spouse engaged in sexual intercourse with another. Even a single act of adultery may be sufficient to establish this ground.
- Felony – Your spouse committed a felony and has been sentenced to death or prison in a municipal, county, state or federal facility.
- Abandonment – Your spouse left the marital home for at least one year before the filing of the divorce petition, and everything indicates that your spouse has no plans to return to the home.
- Physical or sexual abuse – Your spouse has abused you, your children, or a relative who is permanently living in the marital home such as a parent. Acts of domestic violence and emotional abuse may establish this ground as well.
- Living separate and apart – If you and your spouse have lived physically separate and apart, without reconciliation, for a continuous period of at least two years before the date of filing for a divorce, you may cite this ground. If you have lived separate and apart continuously, without reconciliation, for at least one year from the date of a legal separation decree, then you may cite this ground as well.
- Alcohol or drug abuse – You may rely on this ground for a divorce if the spouse’s abuse of drugs or alcohol essentially tears at the fabric of the marriage. If a spouse has addiction issues that do not affect the marriage, it may not suffice to establish this ground.
- Agreement – In some situations, you and your spouse may simply agree to a dissolution of the marriage. In other words, you have both come to the decision that the marriage is “irretrievably broken” and cannot be saved.
How Does the Divorce Process Work in Peoria, Arizona?
If you believe that you meet the Arizona residency requirements and have legally valid grounds for a divorce, then you can proceed with filing a Petition for Dissolution of Marriage. When you file the petition, you must also serve a copy on the other spouse. Your lawyer from Mushkatel, Gobbato, & Kile, P.L.L.C. can help you to take care of these basic steps.
Your spouse will have 20 days to respond (if an Arizona resident) or 30 days (if a non-resident). If your spouse fails to respond within that time period, then you can apply for a default. Your spouse will have 10 days to respond to that filing.
If your spouse fails to respond, then after a 60-day “cooling-off” period passes, you can obtain a Default Decree of Dissolution of Marriage. If your spouse responds, then you and your lawyer can work with your spouse (who, presumably, will have legal representation as well) to reach an agreement on key issues in the divorce such as:
- Custody of the children (decision-making authority and parenting time)
- Child support
- Division of community property
- Spousal maintenance (alimony).
If you reach an agreement, then you can file for a consent decree that dissolves the marriage. At Mushkatel, Gobbato, & Kile, P.L.L.C., we have extensive experience with helping divorcing parties to reach agreements, including agreements which result from mediation.
In some cases, a spouse does not agree to the divorce and asks for a conciliation meeting. If this occurs in your case, you can go through this meeting. If you still wish to move forward with the divorce, then you and your lawyer can proceed to seek a divorce decree. If you cannot agree on the issues, then your lawyer can represent you in court hearings.
The final Decree of Dissolution of Marriage should address:
- Termination of the marriage
- Restoration of the requesting spouse’s last name
- Child custody
- Spousal maintenance (alimony)
- Property division
- Responsibility for debts incurred during the marriage
- Responsibility for attorney fees and costs.
Our Peoria Divorce Attorneys Are Ready to Help You
For help with your Arizona divorce, get in touch with Mushkatel, Gobbato, & Kile, P.L.L.C.. Our divorce law attorneys understand divorce law in Arizona, and we work hard to give our clients a smooth divorce. Our goal is to reduce conflict with divorce mediation and help people to find solutions that let them move on with their lives with as little stress and hardship as possible. If you’re looking for top divorce attorneys near Peoria, AZ, contact us today at our law offices to see if we can help you.
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