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Because divorce law is complicated and varies by state, it’s prone to misinformation. If you’re considering ending your marriage, it’s important to separate fact from fiction, so you can make the most informed decisions. This brief guide debunks some of the most common myths about getting divorced in Arizona to help steer you in the right direction.

What Are Common Misconceptions Surrounding Divorce Law?

1. You Must Be Separated Before Getting Divorced

According to Arizona divorce law, you do not have to be legally separated in order to file for divorce. You do, however, have to provide proof that either you or your spouse has been a resident of Arizona for at least 90 days.

If this is not the case, you can file for a legal separation until either you or your spouse meet the 90-day residency requirement. A separation allows couples to divide assets and determine parenting time arrangements while still being married in the eyes of the law.

2. Both Spouses Must Agree to Divorce

Arizona divorce lawArizona divorce law does not require consent from both parties to end a marriage. A spouse can file for a contested divorce, which means that there is a disagreement between the two parties about the terms of the divorce or the desire to divorce altogether. In a contested divorce, the court helps determine things like the division of assets, alimony, and legal decision making and parenting time arrangements.

3. You Must Prove Wrongdoing 

Arizona is a no-fault divorce state, meaning neither party has to blame the other for bringing the marriage to a breaking point. As long as one spouse feels the union is “irretrievably broken,” and there’s no chance for reconciliation, they can cite irreconcilable differences as grounds for the divorce.

4. You’ll Have to Endure a Contentious Court Battle 

Depending on how well you get along with your soon-to-be-ex, it’s possible to avoid going to court altogether. If both parties can agree on all aspects of the divorce, including asset division and parenting plans, a judge can sign off on the arrangement. 

 

If you need more information about divorce law, contact the Law Offices of Lenkowsky & Fontenot in Bullhead City, AZ. For more than 30 years, this seasoned team of attorneys has provided exceptional family law services to clients, from prenuptial agreements and parenting plans to child support and parenting time arrangements. Visit their website to learn more. Call (928) 758-4815 to set up a consultation today.

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