Dissolution of Marriage Lawyer in Tucson, AZ
Every divorce, no matter how complex, can be emotional and stressful for everyone involved. You’re not only ending a marital partnership, but you and your spouse must make decisions on the division of property, child custody arrangements, child support, and spousal maintenance. If couples cannot agree on any of these topics, the case may go to trial where the court will decide how to resolve them.
In Arizona, the legal name for divorce is dissolution of marriage. When a court issues a Decree of Dissolution of Marriage it is a legal determination that the marriage is no longer valid.
Every divorce case is extremely unique. When you work with McNorton Fox PLLC, our dissolution of marriage attorneys will give you their full attention to thoroughly understand your situation and carefully guide you through each step of the divorce process. Our goal is to work with you to resolve your divorce with skill and compassion.
To schedule a consultation with our Tucson divorce attorneys call (520) 415-2970 or message us.
Arizona Divorce Laws
Filing a Divorce Petition in Tucson
One of the first things you should know if you’re thinking about divorcing in Arizona is that Arizona is a no-fault state. This means the party who files the divorce petition (or Petition for the Dissolution of Marriage) does not have to cite a specific reason for ending their marriage. The only reason they would need to do so is if they had entered a specific marital arrangement called covenant marriage. However, although Arizona is one of a few states that do recognize covenant marriages, this arrangement is rare.
The majority of married people are not in covenant marriages and need only to decide that their marriage is “irretrievably broken.” Once they have made this decision, either spouse must file the divorce petition with the court. The party who did not submit the petition can contest it if they believe the marriage is salvageable, but if they cannot convince their spouse to dismiss the divorce within a limited period then the court will uphold the request.
If both parties agree on the terms of the divorce, including the division of property, spousal maintenance, and custody arrangements, they can file uncontested divorce paperwork with the court. Otherwise, both parties must attempt to mediate any disagreements before filing the remaining documents, usually with the help of their attorneys. If one or more disagreements remain after mediation, the case will go to trial as a contested divorce.
Arizona has statutes that determine how individual issues will be resolved when spouses cannot agree on terms. For instance, Arizona is a community property state, meaning married couples share all property acquired during the marriage and split it equally in divorce. Any property acquired before the marriage or as a gift may qualify as separate property, but this must have been kept separate during the marriage.
Legal Separation in Arizona
Arizona recognizes legal separation as an alternative to divorce, only if both spouses agree to this situation. Legal separation allows spouses to live separately with court-sanctioned determinations regarding the division of property, living arrangements, custody, and spousal maintenance, all without dissolving the marriage, meaning neither party can remarry. Couples may prefer to legally separate instead of divorce for various personal, financial, or cultural reasons.
Pima County Divorce Lawyers
If your marriage has run its course, our dissolution of marriage attorneys can help you pursue a resolution that works well for you and your family. We can help you weigh the pros and cons of legal separation, identify community property, and represent your financial and parental rights in mediation and trial.
Call (520) 415-2970 to speak with us about your divorce or send us the details of your situation via our contact form.
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We work hard to honor families of all kinds, and care deeply about your case.
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Your attorney will work closely with you, tailoring your legal care to fit your needs.
Pooling our resources, our experienced team collaborates to best serve your family.