- You do not have to prove fault to get a divorce. You may have heard that Arizona is a "no fault" state when it comes to divorce. But what does that mean? Under Arizona law, you do not have to prove that someone is to blame for ending the marriage. The only question that must be answered is whether the marriage is "irretrievably broken," which means that the couple absolutely will not reconcile.
- It takes at least 60 days before a divorce is granted. According to Arizona law, the court will not finalize a divorce until at least 60 days after the first court papers have been delivered to the other spouse. When there are disputes and the couple cannot reach an agreement, getting a divorce can take even longer.
- Alimony can be awarded to either spouse. Alimony, which is also referred to as spousal support or maintenance, is based upon a spouse's ability to provide for his or her own needs. Many other factors are taken into consideration when awarding spousal support. However, alimony cannot be awarded simply to punish the other spouse, such as in the situation of marital misconduct.
- Not all property is considered community property. Arizona is a "community property" state, meaning that any property obtained during the marriage belongs to both spouses. However, there are some exceptions. For example, if a spouse receives an inheritance or gift, it is generally considered separate property.
If you are thinking about filing for divorce, it would be best to speak with an experienced Phoenix divorce attorney for your legal options. At the law firm of Curry, Pearson & Wooten, PLC, we would be more than happy to answer your questions. Feel free to call us today at 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).