Dissolution of Marriage Lawyer in Tucson, AZ

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. 

Divorce Arrangements

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.