We were married out of the state of Arizona, do we have to return to that state for our divorce?
As long as one of the spouses has resided in Arizona for at least 90 days, the state of Arizona has jurisdiction to order the marriage to be dissolved.
How do we divide our debt (liabilities or obligations)?
Arizona is a “community property” state. Typically both husband and wife are both responsible for any debt during the marriage. This may depend on facts and circumstances special to your situation.
How do we divide our money (assets)?
Typically both husband and wife share the assets acquired during the marriage. This may depend on facts and circumstances special to your situation.
How long will the entire process take?
It will be a minimum of 60 days after the opposing party has been served pursuant to Arizona law. Typically a divorce will take six months to nine months but again it depends on the facts and circumstances special to your situation.
What happens to health insurance?
There will be a preliminary injunction immediately when a Petition of Dissolution has been filed. This prevents a spouse from removing the other spouse from health insurance, until a final decree of divorce has been entered.
Will I pay/receive spousal maintenance (alimony)?
That depends, again on the facts and circumstances special to your situation. There are factors the court must consider under Arizona law.
Can I change my last name?
Yes, if you took your husband’s surname during the divorce you can have your maiden (or former) name restored.
How much does a divorce cost?
The filing fee for Maricopa County is $338.00. This fee does not include service of process. If you want to hire an attorney then it depends on a number of facts and circumstances special to your case. It is possible that it is as little as $500 or as much as $90,000.
Who will have custody of the child(ren)?
Custody is now called legal decision-making. In January, 2013 new language was placed in the law that appears to give both parents joint legal decision-making responsibility. This may excite you or scare you depending on your facts and circumstances.
How often will I see my child(ren)?
Parenting time under the new language of the law is being split evenly between parents. This may excite you or scare you depending on your facts and circumstances.