Legal Separation: The Divorce
In Arizona, divorce is legally referred to as “dissolution of marriage.” It is up to the court to terminate marriage. Because Arizona is a “no fault” state, the only ground for divorce is that the marriage is “irretrievably broken.” It is not necessary to find somebody at fault.
Legal Separation is a decree issued by a Judge who determines that there is an irretrievable breakdown of marriage, or that one spouse wishes to live apart from the other spouse. This term leaves room for possibility of reconciliation and offers financial protection for both spouses. If a spouse files an objection to this Legal Separation, it is further amended to a Petition for Dissolution. During this time, the divorce process officially begins. Arizona marriages officially dissolve after this Dissolution Proceeding.
In the case of an uncontested divorce, the two parties receive an amicable agreement, and neither spouse files a response to the Petition for Dissolution. This results in either a Default Judgment or a Consent Decree/Marital Settlement Agreement, and both parties are able to agree on most or all points of distribution. Simply stated, an uncontested divorce does not result in any further immediate legal trials.
Contested divorce includes points of contention, which may require extensive meditation and/or litigation to be settled. While initial disagreements with the original Petition of Dissolution will not automatically prohibit a future Consent Decree/Marital Settlement Agreement to be reached, there will certainly be more legal involvement. Ultimately, if a settlement agreement is not reached, a trial will occur.
Why You Deserve an Affordable Tempe Divorce Attorney
Your spouse will most likely seek legal help during divorce. Because divorce is entirely decided in court, you need legal representation to get the results you want. You deserve an affordable Tempe divorce attorney to provide you with the finest legal care in the state. At Simon Law Group, we will review your case, and provide you with experienced and aggressive legal representation. We will provide you with the best care, whether you are involved in an uncontested or contested divorce case. Let Simon Law Group deconstruct the complex jargon of Arizona divorce laws and provide help during a tough time. We are here for you: 480-745-2450.