If a husband or a wife both do not want to continue their marital bond, that spouse may split it. This was not always the situation. However, Not too long ago, in many states, a spouse who wanted a divorce would have to establish that his or her spouse had done something wrong which supported getting the divorce. Today, Arizona maintains no-fault divorce laws. It might seem that no-fault divorce is simpler to apply, but the primary method to file it is more or less similar to the other types of divorces.
No-fault divorce is different from an uncontested divorce. A no-fault divorce is the one where the couple choose to part their ways because they couldn’t work out and resolve their issues. However, in an uncontested divorce, the couple agrees on the settlement without any dispute.
In No-Fault Divorce, neither party must establish the fault of the other in order to prove the divorce. Rather, one party must simply declare that he or she thinks the marriage to be irretrievably broken. The party does not require to prove impotence, alcoholism, adultery, abandonment, cruelty or any other grounds for a divorce.
There is only one exception to this rule subsists. Some people choose to enter into a contract marriage or, at some point, to turn their marriage to a contract marriage. In a covenant marriage, the couple admits to premarital counselling. The couple also admits that a divorce will be granted only in the event that certain grounds for divorce are satisfied. Under Arizona law, the possible grounds for dissolution of a covenant marriage include:
- Committing a felony
- Sexual and physical abuse
- Living separate for at least two years before the petitioner files the Divorce Petition
- Staying separate for at least one year after filing the petition of Divorce.
- Frequent use of alcohol and drug
- Understanding of both parties to a dissolution of the marriage.
Procedure of filing a no-fault divorce Arizona
When you decide to go for no-fault divorce, your attorney shall take care of all the procedural aspects, you still require to have knowledge of the whole rules of filing a no-fault divorce Arizona.
Following is the procedure to file no-fault divorce as under:
- First, you need to file a “Petition for Divorce or Dissolution of Marriage.” Your local county clerk shall help you in getting form.
- Thereafter, you will have to send the petition and a summons to your spouse.
- Your spouse shall file a reply – acceptance or voluntary appearance form or else the matter will go to a default judgment.
- Then you have to enter a waiting period. The two of you should formulate your divorce understanding during this period with the help of your attorney.
- Finally, if you reach an agreement that the judge deems fair, a divorce will be granted to you.
What is the effect of Adultery of Result on No-Fault Divorce Arizona?
Most of the people having a question that whether their spouse’s adulterous behaviour – or their own –will affect the result of their divorce. The answer is No. Because Arizona is a no-fault divorce state. And adultery will not affect a party’s eligibility to obtain a divorce. However, adultery could affect certain points in the divorce such as:
- Division of Property –While adultery itself will not have an impact on a property partition. For example, if there is proof that one spouse spent joint wealth in order to continue an affair, a judge may award more assets to the other spouse.
- Custody of Child –The affair could impact a child custody decision if the affair is indicative of parental unfitness. A parent asking custody may contend that the immoral parent is not the best choice for custody.
Marital wrongdoing cannot be recognised by an Arizona family law judge when making a conclusion about alimony. Rather, things like the period of the marriage, the quality of living established during the marriage, income and resources and more shall consider more.
While getting divorce make yourself comfortable as much as you can. Hire a well-qualified attorney from a reliable law firm which will deliver this procedure a lot smoother for you. Still getting a divorce is not easy. Just hang in there and have a belief that there is so much joy waiting for you in your life ahead.