Divorce Is Never Easy, And It Can Be Particularly Difficult to Divorce in Arizona

Regardless of the circumstances, a divorce is hard. It’s an arduous process from beginning to end, and you have to deal with the emotions for weeks, months, and even years after you and your significant other have split. In Arizona, the legal name for a divorce is the dissolution of marriage. Unlike an annulment, a dissolution doesn’t undo the marriage as if it never existed. You can get an annulment in Arizona if your marriage is considered void or voidable. A divorce can range from straightforward filing to a complex court battle. Divorcing is the only solution if you and your spouse can’t continue living together. It liberates you from the emotional turmoil and unhappiness typical of a bad marriage. 

Did You Know That a Lot of People Made the Decision to Split Up Across Arizona?

According to the US Census Bureau, the divorce rates have decreased in the last ten years. The national divorce rate for 2021 was 6.9%. The divorce rate in Arizona was somewhere around 2.7%, and while it doesn’t top the charts, it’s higher than expected. Still, attention must be paid to the fact that it’s difficult to track data consistently. Irretrievably broken/ irreconcilable differences are the only grounds recognized for divorce in Arizona. To be eligible to divorce, you or your significant other must have lived in the state for a minimum of 90 days before filing the papers in court to end your legal relationship. It’s not necessary to find somebody at fault because Arizona provides a no-fault divorce. 

Covenant Marriages Became Lawful in Arizona in 1998 

A covenant marriage is an arrangement where two individuals agree that their marriage will last for the end of their lives. Nevertheless, it allows for divorce in certain situations, such as: 

• Discovering the spouse has committed adultery

• Physical, sexual, or psychological harm

• Discovering the spouse has committed a felony or used illegal substances

• Both spouses living separately for one year or more 

To be clear, you can’t change your mind at the time of the divorce proceedings, meaning you have to live with the decision you’ve made. If you and your significant other aren’t getting along, it’s not enough to want to file for divorce. 

How Do I Serve My Spouse Divorce Papers in Arizona? 

After having filed the papers with the County Clerk’s Office to initiate your divorce, your spouse must be served notice. You can reach out to a Phoenix divorce lawyer for guidance. If the other party isn’t properly served, the case won’t go forward, meaning there will be delays, and the papers will have to be re-published (or reserved). There are several options for serving divorce papers in Arizona, including but not limited to acceptance of service, service by mail, service by registered sheriff, and publication. You can’t serve the papers personally – someone neutral, not involved in the case, must hand over the documents. 

Arizona Is A 50/50 Property Law State When It Comes to Divorce

Arizona is a 50/50 property law state, which means that marital assets must be split between the parties. This means all assets and debts that you acquired during the marriage and prior to the date of separation. A lawyer can help you navigate the division of your property and protect your rights and interests every step of the way. The state of Arizona doesn’t require the division of property to be exactly equal, but it must be fair. Each spouse can retain their separate property following the divorce. Retirement assets can be difficult to evaluate, so the input of an actuary, CPA, or other financial professional may be necessary.