The Yuma Divorce Process

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The Yuma Divorce Process

Arizona is a ‘no-fault divorce’ state meaning divorcing couples do not need to state who is to blame for the marital issues for the court to grant a divorce. However, this does not make Arizona divorces easy or uncontested. Regardless of the grounds for divorce, ending a marriage is often emotional, time-consuming, and expensive.

Divorcing couples also have to navigate legal complexities governing asset division, child custody and support, and spousal maintenance. Navigating the divorce process in Yuma, AZ requires an understanding of local Arizona family laws, court procedures, and the steps involved. This can be overwhelming for most couples. However, a skilled Yuma divorce lawyer can guide you through the process, including helping you understand basic steps and legal requirements.

Step 1: Preparing for Divorce in Yuma

Arizona offers two options to separate from your spouse, including legal separation and divorce. While legal separation lets spouses live apart while remaining legally married, divorce formally ends a marriage. After deciding on divorce, you must prepare by gathering relevant information and ensuring you meet divorce requirements.

For instance, you or your spouse must meet Arizona residency requirements to file for divorce. One of you must have lived in Arizona for at least 90 days before filing for divorce. You must also file for divorce in the county where you or your spouse reside.

Divorce preparations also include collecting relevant documents or information like financial records, tax returns, property deeds, and parenting plans where applicable. The documents help keep divorce proceedings organized while reducing potential disputes.

Step 2: Filing for Divorce and Serving the Other Party

After divorce preparations, the next step is filing divorce paperwork at the Yuma County Superior Court. You must also pay the mandatory court fees when filing. You can apply for a fee waiver or deferral if you cannot afford the fees. The Petition for Dissolution of Marriage is the legal document you file outlining your request to end your marriage.

After filing, you (the petitioner) must serve the divorce petition to your spouse (the respondent) to formally notify them of the divorce proceedings. Your spouse has 20 days to file a response if they live in Arizona or 30 days if they live outside the state. Failure to respond may result in a default judgment in your favor.

Step 3: The Response and Discovery Process

Once you have served your spouse, they must file a Response to the Petition, agreeing or disagreeing with your divorce terms. If there are disagreements, the divorce enters into a discovery phase that includes both parties collecting evidence and information.

The process involves you and your spouse disclosing information relevant to the divorce like property ownership. The discovery process helps ensure full disclosure of assets, liabilities, and other relevant details. Both parties must be honest in their disclosure for a fair resolution.

 Step 4. Resolving Key Issues

A typical divorce involves resolving critical issues one by one. The court can recommend out-of-court mediation for key issues like child custody. The key divorce issues include:

  • Child Custody and Parenting Time – Arizona courts determine child custody arrangements using the ‘best interests of the child’ standard. Parents may share joint legal custody or the court may grant one parent sole legal custody. The court often prioritizes a child’s well-being and stability when crafting parenting time schedules.
  • Child Support – Arizona family courts consider several factors when calculating child support payments, including both parents’ incomes, the child’s needs, and the amount of parenting time each parent has.
  • Spousal Maintenance (Alimony) – The court awards spousal support based on factors like the length of the marriage, each spouse’s earning capacity, and their contribution to the household. The court aims to ensure fairness and financial stability for both parties.
  • Division of Property and Debt – Arizona is a ‘community property’ state, meaning it divides marital assets and debts equally in divorce. It is advisable to seek legal guidance to avoid complications or confusion on what constitutes marital vs. separate property.

Step 5. Alternative Dispute Resolution (ADR) Options

Due to the lengthy and costly nature of court trials, alternative dispute resolution (ADR) methods have become popular for divorcing couples in Arizona. The most common ADR options are mediation and arbitration.

Mediation involves having a neutral third party help divorcing couples agree on contentious issues. It’s often faster and more cost effective than litigation. Arbitration involves a private arbitrator acting as a judge and issuing binding decisions on disputed matters. This ADR option offers more control and confidentiality than a court trial.

Step 6. Trial and Finalizing the Divorce

If mediation or arbitration fails, the case goes to trial. During the divorce proceedings, each party presents their case, and the judge makes final decisions on unresolved issues. Once the trial concludes, the court will issue a Decree of Dissolution of Marriage. The decree finalizes the divorce and outlines orders regarding custody, support, and property division.

Step 7. Post-Divorce Considerations

Issues may still arise even after finalizing the divorce. For instance, a spouse may refuse to comply with court orders, including child support payments, custody arrangements, and property division. The other spouse may need to go back to court to ensure compliance.

Divorced couples can also request the modification of existing orders if significant changes occur, including remarriage, new jobs, or relocation of either spouse. Divorced couples also need to update legal documents such as wills, insurance policies, and financial accounts to reflect their new situation.

Contact a Yuma Divorce Lawyer

The Yuma divorce process involves several steps, from filing the initial petition to resolving critical issues like custody and property division. Understanding the process and working with a skilled Yuma divorce attorney can help protect your rights and ensure you get a favorable outcome.

If you’re in Yuma, AZ, our skilled and experienced family law attorneys at Mary Katherine Boyte, P.C. are here for you. We are committed to guiding you through every step of the often complex divorce process. Contact us for a consultation and to learn more about our family law services.

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