What is the difference between legal separation and divorce in Arizona?

What is the difference between legal separation and divorce in Arizona?

With legal separation, the marriage remains intact, but every other issue is decided just as if they divorced. This type of separation is officially recognized when the judge makes a ruling on the division of property, spousal maintenance, child custody, and child support.

How much does a divorce cost in AZ?

On average, an Arizona divorce costs about $20,000. The average cost of divorce in Arizona without a Lawyer is $577. The average cost of divorce in Arizona with a Lawyer is $20,000. However, the average cost of divorce in Arizona can range from $15,000 to $100,000 per side when including expert witness fees.

Who gets the house in a divorce in Arizona?

Yes. A few states, including Arizona, have a “community property law” which states that both spouses own all property and debt acquired during a marriage. During divorce, this community property is typically divided equally between husband and wife. Certain conditions can change this 50-50 distribution.

Can a spouse kick you out of the house in Arizona?

Arizona is a community property state so both spouses have rights to shared marital property. If you have purchased a home with your spouse and are living together, the home belongs to both of you. Unfortunately, while you may want to force a spouse to move from a family home, generally this will not be possible.

How long do you have to be married in Arizona to get alimony?

A marriage of less than 10 years may be considered short-term and will likely result in a smaller alimony payment. On the other hand, a marriage that lasted over 20 years may be deemed long-term, resulting in a larger award… but not every judge follows this (or any other) guideline.

How does adultery affect divorce in Arizona?

Arizona is a “no-fault divorce” state, which means that the court does not look for fault on the part of either spouse. In fact, Arizona judges are prohibited from considering evidence of adultery when deciding on matters such as spousal maintenance, often known as alimony.

Who qualifies for alimony in Arizona?

A spouse seeking maintenance in Arizona must prove one of four things to be eligible to receive an award of alimony in Arizona. Specifically, the spouse must prove any of the following: The spouse lacks sufficient property to provide for his or her needs.

Does it matter who files for divorce first in Arizona?

In Arizona, there are no legal consequences or advantages for who is listed as the “Petitioner” and who is listed as “Respondent.” If you file for the divorce, you will be known as the Petitioner. This person will file a petition for divorce, which is a paper asking the court to legally end a marriage.

How much does a divorce lawyer cost in AZ?

How Much Does a Divorce Lawyer Cost in Arizona? Divorce lawyers in Arizona cost between $250 to $550 per hour on average. However, if you hire an experienced divorce lawyer in AZ, average lawyer fees can be much as $400 to $750 per hour.

How is alimony calculated in Arizona?

The formula provided the alimony award should be between 30% to 50% of the length of the marriage. There are many factors affecting whether the duration should be closer to 30% or 50% of the length of the marriage. This formula for calculating spousal maintenance is very simplistic.

What is a default divorce in Arizona?

The court order granting the divorce by default is called a Default Decree of Dissolution of Marriage. You have to serve your spouse with the decree within three days of receipt. If you have additional questions on how the default process works, you can visit the Judicial Branch of Arizona, Maricopa County website.

Where do you file for divorce in Arizona?

To get a divorce, a petition for dissolution of marriage is filed with the Superior Court in the county where the petitioner or the respondent resides. Unless a fee waiver is obtained, a filing fee must be paid to the Clerk of the Superior Court as well.

How does divorce work in AZ?

In Arizona, the legal term for divorce is “marriage dissolution.” During the divorce process you will have to make decisions about child custody, visitation, child support, alimony (sometimes called spousal support or maintenance), property and debt division, and attorney’s fees and costs.

How do I get a divorce in Arizona without a lawyer?

In order to start the divorce process without a lawyer, you’ll need to complete some forms. The Arizona Judicial Branch publishes divorce forms online. Although these are standard Arizona forms, your county may have additional requirements. It’s important to check with your local court clerk before filing.

How long do you have to respond to divorce papers in Arizona?

20 days