Your Biggest Arizona Divorce Questions, Answered by Experts
You likely have many questions running through your mind right now: Which divorce process is best? How much will this cost? What happens to my property? We’ve compiled the most common concerns from our clients to give you some straightforward answers.
In Arizona, both mediation and traditional divorce involve working with an attorney to negotiate a post-marital settlement of contested issues. However, mediation can be a quicker, more cost-effective option for those who feel confident they can get it done quickly and amicably.
Bonnie Booden can serve as mediator to help parties reach their own resolutions. Benefits of mediation over traditional litigation include:
- Lower cost
- Less time commitment
- Helps preserve the relationship between parties
- Allows both parties to tailor results to their needs
A divorce ends a marriage. An annulment legally determines that the marriage was never valid in the first place. Annulments are rare, and only certain circumstances qualify as grounds for annulment in Arizona. Here are a few of the most common:
- One of the parties was married to someone else (bigamy)
- The parties are related by blood
- One or both parties lacked the mental or physical capacity to get married
- One or both parties were intoxicated at the time they agreed to marry
- The parties failed to obtain a proper, official marriage license
People who are legally separated are still technically married, while divorce terminates a marriage.
Both parties must agree to pursue legal separation. Like divorce, they will no longer share financial assets and will usually live apart, but they won’t be able to marry other people.
Couples opt for legal separation instead of divorce for a wide range of reasons, from financial problems and health insurance policy issues to religious beliefs. Some even separate legally as a “trial run” for divorce, especially if the parties believe reconciliation may eventually be possible.
Divorce proceedings typically take a few months to a year to finalize, but several factors come into play and everyone’s situation is different. Check out our Approach to Divorce to get a better idea of the timeline you should expect.
Arizona follows community property rules and equitable distribution principles, which means all assets and debts a couple acquires during marriage will be divided equitably between both spouses — unless the couple has a prenuptial agreement.
Arizona doesn’t require the division of marital property in divorce to be exactly equal, but it must be fair and will usually be close to equal.
Only community property is split between the spouses, and each spouse will retain his or her separate property after the divorce is finalized.
Whether you are required to pay spousal maintenance depends on several factors, including the length of the marriage and each spouse’s earning capacity. If your spouse is seeking alimony, you’ll need to demonstrate that they don’t need it in order to avoid it.
A prenuptial agreement (or prenup) outlines the property owned by both future spouses, as well as the property rights each party will have should the marriage end.
Not everyone needs a prenup, but more than 40% of married couples between the ages of 18 and 34 have one, according to a Harris Poll. Prenups are especially pertinent if you want to keep your finances separate throughout the marriage or want greater control over high-value property, debt liability or family heirlooms.
In other words, they aren’t just for ultra-wealthy people. If you choose not to enter into a prenup, remember that your property will be divided using Arizona’s community property rules, which may or may not produce the outcome you intended.
After your wedding, you also have the option to enter into a postnuptial agreement to define your rights and obligations for property and money.
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