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For some people, divorce is a freeing experience, enabling them to move on to a new chapter in their lives with a new partner. In Arizona, there is no waiting period for remarriage after divorce, so technically you can remarry as soon as your divorce is finalized.

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An experienced divorce attorney at our law firm can help you fight for a fair division of assets, an alimony settlement, or child support, or child custody and parenting time issues as part of legal representation for a divorce in Arizona.

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An annulment is not the same thing as a divorce. Many of the same issues in a divorce must be hashed out in an annulment, including custody and child support.

How soon can you remarry after a divorce in arizona?

No, a common-law marriage cannot be created in Arizona. Some states do recognize common law marriages between a man and a woman. If a couple with a real common law marriage moves to Arizona, then their marriage would be recognized in Arizona as well. In that situation, a divorce of the common law marriage is possible in Arizona. The District of Columbia and the following 15 states allow couples to create common law marriages:.

In contrast to a standard marriage, a covenant marriage has additional requirements and formalities. Entering into a covenant marriage requires premarital counseling. Because there must be grounds for divorce, dissolving a covenant marriage is more complicated than with a standard no-fault divorce.

The parties may still agree to dissolve their covenant marriage. To file for divorce in Arizona, either you or your spouse must have lived here for at least days. If one of the spouses is in the armed forces and stationed in Arizona, and that is the basis for Arizona jurisdiction, then the military presence must have been maintained for 90 days before the petition is filed.

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The other spouse must be served with a copy of the petition and summons. He or she has 20 days from the date of service to file a written response with the court 30 days if service is out-of-state. Before a court can render a decision, it must have the power and authority over the subject matter the divorceover both parties the spousesand over the things in dispute the property.

Our Superior Courts have original subject matter jurisdiction over divorce, legal separationchild custody and support, and annulments. 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.

Sometimes, yes. For specific tax advice and information, please contact your tax professional. When a divorcing couple agrees to a settlement, in writing, on all of the issues — spousal maintenance alimonyasset and debt division, child custody, parenting time, child support — they will be granted an uncontested divorce and avoid adversarial divorce litigation. When a divorce is contested, the parties proceed through all phases of litigation, including a trial before a family court judge.

Although it may be prudent to hire a divorce attorney and get them involved early on in your case, it is not a legal requirement. If you and your spouse cannot settle a disputed issue, then the court will decide the matter for you. You may be familiar with mediation as a form of alternative dispute resolution ADR — a forum for settling disputed issues in the family law case before a trial.

Private mediation is also available for all couples and for any disputed issue. Yes, there are. And a good place to start is to educate yourself on the issues relevant to your family law case. During the trial, each party Tempe t date a separated man witnesses and evidence. The evidence, in both verbal and non-verbal forms, is presented through witnesses who are placed under oath. The attorneys do not testify in a case, they facilitate the presentation of testimony from the witnesses. Any person who fails to obey a subpoena may be sanctioned by the court.

A party may request an RMC or the court may schedule the conference on its own initiative. If there is no settlement agreement on all the issues at the RMC, then the judge will automatically set the case for trial. Divorces can involve marriages of long duration with considerable marital assets.

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Even in these complex situations, the parties may achieve a property settlement that is written into a separation agreement. Yes, but do so carefully. Both parties to a divorce are under heightened scrutiny. Therefore, anything that you post online can and will be used against you in court. Social media evidence will be gathered and used to undermine your credibility with the judge and any child custody evaluator.

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This evidence may be used to establish your lack of credibility and propensity for untruthfulness, and even to demonstrate that you are an irresponsible parent. That means you may consent to the recording of your own telephone conversations.

It is illegal, however, to record a telephone conversation between your spouse and a third party when neither is aware that their conversation is being recorded. Be aware that some states require that both parties to the telephone conversation have knowledge of and consent to the recording. With your focus on the legal matters at hand, you may be distracted, your financial resources may dwindle, your job or school performance may be interfered with, and your energy may be tapped.

Can i buy a house before my divorce is final?

If your mental health is suffering, consider appropriate counseling or therapy. The best way to handle a divorce is to really understand what goes on. Understanding all of these aspects will make your divorce considerably easier. In Arizona, eavesdropping on an electronic communication includes a transfer of data or intelligence by computer or telephone.

When someone eavesdrops on an oral or electronic communication, without consent, then this act of listening-in is spying. The wrongful, intentional, and deliberate eavesdropping on other people who are communicating between themselves is a crime. Such deliberate interception of oral or electronic communications can result in felony charges under A. Once the final divorce decree is issued by the court, the marriage is legally terminated and a new marriage may be entered into. There is no post-divorce decree waiting period in Arizona. Note, however, that unless there is a provision in the divorce decree stating otherwise, a remarriage will terminate any spousal maintenance, or alimony.

To find the best family law attorneybegin by gathering information about the lawyers in your area and asking questions. Ask the people you trust and respect for le to local Arizona divorce attorneysor le to other people who may have attorney recommendations. Talk to your relatives, your friends and neighbors, your co-workers, and even your business contacts about their attorneys and about attorneys who have represented people that they know.

Clergy and mental health professionals who provide marriage counseling or couples crisis counseling are often good sources of information on the local family law bar. So long as the time limits and procedures for seeking an appeal are satisfied, either party may obtain appellate review of an adverse trial court decision.

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Success on appeal, however, is limited to cases in which the judge clearly reached a decision that was unsupported by the evidence adduced at trial, or when there is newly discovered evidence. Generally speaking, any information that is relevant, or that would lead to relevant information, may be discovered.

Through discovery, each party gains knowledge of the facts and of the strengths and weaknesses of each position on the issues. There are four important limitations on discovery. Firstthe information requested must be relevant to the case. Secondprivileged information is not discoverable. Thirdone party cannot inundate the other with discovery requests.

Frequently asked questions about divorce

Fourthone party cannot use discovery to embarrass or harass the other. You and your spouse may negotiate a separation agreement and consent decree. The separation agreement may include provisions for property and asset division, spousal maintenance, child support, and child custody. As difficult as the negotiation of a divorce may sometimes be, it is a far better solution for most couples than turning every disputed issue over to the judge to decide.

To open the family law case, a petition is filed with the Superior Court Clerk who completes the summons. Without the requirement of service, or notice, people would not have a fair opportunity to present their side and be heard. In order to protect your credit rating during your divorce, you should consider closing or freezing any t credit cards by closing t bank s.

You can open new bank s in your name only, which will give you greater spending power and prevent your spouse from damaging your credit.

What is common law marriage?

Collaborative divorce is a form of alternative dispute resolution, a way for couples to dissolve their marriage without going to court. The couple has to work together, or collaborate, toward the goal which is divorce settlement. At the outset, both parties agree and commit to resolving their disputes through negotiation, compromise, and agreement. Annulment is usually difficult and require extensive fact finding by the judge to determine if one of the statutory factors exist.

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