If a person wants to end a marriage, they can do so by filing for a divorce. In a divorce, the court will end the marriage and all legal benefits that are part of that marriage. A divorce may or may not be contested. To dispute something is to fight it. A contested divorce is when the spouses do not agree on any of the following:
- Getting a divorce or not
- With whom will the children live
- How much child support should be paid
- How the property should be distributed
- Who must pay certain debts
- If you have to pay spousal support
An ‘uncontested divorce’ is when both agree on all these matters. An uncontested divorce in a legal proceeding is a much faster process than a contested divorce. A divorce will also be considered uncontested if the couple who received the petition for dissolution of marriage or the divorce papers, does not respond by filing an order to appear and respond. The case will continue without that partner and the court will make decisions based on what the other spouse has indicated. Just because a divorce is not contested it does not mean that the terms of the agreement will be approved by the judge. The terms should be reasonable and appropriately cover the maintenance of children.
Obtaining a Divorce
To obtain a divorce in the state of Arizona, one of the two spouses must have lived in Arizona for a minimum of 90 days before the court gives the divorce. If the spouses file for a joint and simple divorce, there will be more requirements, but this type of divorce can be completed faster.
Reasons for Divorce
A married couple can get a divorce if they can show a judge that there are irreconcilable differences between them. This means that the spouses no longer get along. If the spouses have been living apart for a minimum of 6 months, the court assumes that there are irreconcilable differences and the spouses do not have to show that they no longer get along.
What is Decided in a Divorce
At the end of a divorce complaint, the judge will issue an order known as a judgment that officially ends a marriage. The judgment also determines the conditions for other matters such as matters related to children. If the spouses have children under 18 years of age, the judge will decide the responsibilities of the parents (custody). Custody covers which parent the children will live with, how often they spend time with the other parent, and who will have the responsibility for making important decisions. The judge will also decide how much money to pay the other parent for child support.
How Long Does It Take?
It is not easy to tell the length of time it will take to get a divorce. It depends on various factors such as whether it is contested or not. If it is contested, then it could take more than a year and a half to resolve. If it is not contested, it could take less than six months. As long as both partners come to an agreement on things like child custody, child support, child visitation, and alimony, then the divorce attorney will work out the details amicably with the court system. A divorce attorney will help you get through this emotional and challenging process of filing for a divorce.
