The Basics Of An Arizona Divorce

Divorce in Arizona

Divorce is a court process to legally end a marriage. In Arizona divorce is called "dissolution of marriage" and court papers use the term dissolution of marriage instead of divorce. In addition to ending the marriage, the court also has the authority to divide certain property and debts of the spouses and in some cases to order one spouse to pay support (alimony) to the other. If children are involved, the court also can decide custody, parenting time (formerly called visitation) and child support issues.

Only the court can legally end a marriage. However, spouses are free to agree to as many terms of the divorce as possible. Because agreements (or mediation) between spouses leave fewer issues for the court to decide, the result often is more satisfying to the people involved and may speed the process of concluding the court case. 

What is a divorce "Decree?" The Decree is the final order of the court legally ending the marriage. Spouses are not "divorced" until the court grants the divorce and the Decree is signed by the judge. The Decree may also contain other orders deciding how the spouses’ property and debts will be divided and what financial support, if any, will be paid by one spouse to the other. If children are involved, the Decree also will provide for custody, parenting time and child support. 

Unlike some other states, for most marriages Arizona does not require that one of the spouses prove blame or responsibility in order to end the marriage. Under Arizona law, the only question for the court is whether the marriage is "irretrievably broken," meaning that there is no reasonable chance that the spouses want to keep the marriage together. 

State law (section 25-325, Arizona Revised Statutes) allows a woman to return to ("restore") the use of her former name at  the time the  marriage is ended. A request must be made to the court at any time before the divorce Decree is signed by the judge.  Usually, the request is included in the first papers filed in the divorce case. 

Using mediation, disputants often learn for the first time about the core of themselves and the other party – their spouse, their boss, their child, their employee. And that makes a big difference in the mediation process. This process allows you to grow and understand these issues while streamlining your divorce process.

At WHYmediate?, we give you the tools you need to resolve Divorce conflicts in a positive learning environment. 

WHYmediate? Mediation Services
4500 South Lakeshore Drive Suite 300 
Tempe, AZ 85282 
(480) 777-5500
http://whymediate.solutions