Yuma, AZ – All states have some kind of basic requirements before a couple can begin to dissolve the marriage through formal divorce proceedings in the local court system. In most situations, this includes residency within the state and legally valid reasons for divorcing. A family law attorney should always be consulted by each spouse to represent their interests when a separation is imminent. It is important for couples to consider that related issues like child custody and support, alimony, and property division always get decided at the same time as a divorce or shortly afterward when necessary.
Reasons for ending the marriage
Because all states now allow no fault divorce, one or both of the spouses can simply say that they do not get along and wish to end the marriage. This does not require a specific finding of adultery, imprisonment, abandonment, or mental incapacity. These were traditional fault based grounds that have mostly been eroded in the last few decades.
Residency in the state
Arizona also has basic residency requirements like every other state to ensure that only people who actually live in the state are utilizing the resources of family courts. At least one member of the couple must have a residence in the state, and have resided continuously in Arizona for at least 90 days before filing to end the marriage. If these conditions are not met, the couple may have to file in another state where they have lived previously.
Waiting to dissolve the marriage
A no fault divorce begins by at least one party saying that the marriage has broken down and cannot be fixed. If this is agreed upon by both spouses, the procedures can continue. However, if one spouse contests that the marriage is broken, there will be a sixty day waiting period where the court can order counseling between the spouses. If the court finds that there is no realistic way the couple will reconcile after this waiting period, then the marriage will formally be able to end through the legal process.
Non fault based grounds
A family court can make certain other findings to end a marriage, but these will normally be less common. If the couple has been living apart for one or two years consecutively, at least one spouse is convicted of a felony, there is evidence of adultery, or there is a covenant marriage or some other type of agreement, there can be a finding of fault to end the marriage.
Learning more about Arizona divorce laws and representation during a family court hearing
There are attorneys who are familiar with the local family courts in the Yuma area. Schneider and Onofry assist individuals who are having issues with a separation, child support, alimony, or custody hearings.
207 W. 2nd St., Yuma AZ 85364