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An Arizona judge of the superior court can declare a marriage null and void and annul it by court order. The "plaintiff" (the party asking for the annulment) should file a petition for annulment, and the defendant should file a response.
The average cost of divorce in Arizona is $20,000. Arizona divorce costs ranged from $15,000 to $100,000 per side when including expert witness fees in 2019. The cost of hiring a divorce lawyer in Arizona can cost as much as $550 per hour.
The Arizona divorce laws permit the Court to order one spouse to pay some or all of the other spouse's attorney fees and costs. Although there are many different statutes that provide the court with this authority, the most cited statute is A.R.S. 24-324.
In Arizona, the legal name for a divorce is Dissolution of Marriage. The amount of time that takes to get a dissolution or divorce can vary from case to case. State laws require that you wait 60 days from the date of service before you can proceed with a divorce.
You can download state and county divorce forms, along with instructions, from the AZCourtHelp website. You can also get forms from the self-service centers for the county Superior Court. (Or you can use an online divorce service that will provide you with the completed forms and instructions for filing.)
60 daysDoes Arizona require separation before divorce? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse.
Arizona divorce forms are all available online and free to use. The Arizona Judicial Branch provides the required forms and instructions for a divorce with minor children or without minor children. These forms may be accepted by courts statewide, although some courts may have their own preferred forms.
The typical lawyer in Arizona charges between $120 and $384 per hour. Costs vary depending on the type of lawyer, so review our lawyer rates table to find out the average cost to hire an attorney in Arizona.
What is the cost of a divorce in Arizona? In Maricopa County, the base fee for filing a Petition for Dissolution of Marriage (with or without children) is $349. Pima County's fee is $83 less at $266. Other Arizona counties have different filing fees.
An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.
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You can't actually get divorced entirely online in Arizona. Rather, you can download the initial divorce papers, but you will need to file them in person. You may also need to attend one or more hearings at the court in order to finalize your case.
Depending on your circumstances, you may have other options for ending your marriage besides a divorce. Many states offer legal separations, which can allow spouses to make some of the same decisions as a divorce regarding their shared property, child custody, and child support.
The division of marital property after a divorce will generally depend on whether or not you live in a community property state. The best way to determine whether your state is a community property state is to talk to a local attorney who can tell you what the law is and who can help you understand how that affects your situation.
Attorneys aren't needed for every divorce, but in many cases, legal assistance can be beneficial, if not crucial. With the complex nature of some divorce procedures and emotions running high, it is often a good idea to have a knowledgeable resource for information and a skilled advocate for negotiations and possible court proceedings.
Alimony and spousal support are interchangeable terms that refer to monthly payments from one ex-spouse to another following a divorce. These payments can be court-ordered or arranged by the parties involved and are intended to account for the adverse economic effect a divorce can have on one party.
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In addition to proving that you have legal grounds for annulment, you must also: 1 Live in Arizona for at least 90 days before your annulment petition 2 File your documents with the appropriate Arizona court 3 Be entered into a non-covenant marriage 4 If you are in a covenant marriage, you will need to consult your attorney regarding your divorce and annulment options.
The process for getting an annulment of marriage is similar to getting a divorce. However, there are two types of Arizona annulments: legal annulments and religious annulments. A legal annulment requires proof that a religious annulment may not require. The below requirements refer to legal annulments .
Before an Arizona superior court judge will issue an annulment of marriage, you have to prove that the marriage should be declared null and void or that it was never a lawful union.
In addition to proving that you have legal grounds for annulment, you must also: Live in Arizona for at least 90 days before your annulment petition. File your documents with the appropriate Arizona court. Be entered into a non-covenant marriage.
If you did not adhere to all of the above laws when wedding, your marriage may be unlawful and may be eligible for annulment.
To enter into a valid marriage, couples must: Be 18 years of age or older. Be of sound mind and not under the influence of drugs or alcohol. Be unrelated (as commonly defined/considered)
Your marriage is voidable in Arizona if it was fraudulent. However, keep in mind that you will need to prove to the court that your union was the result of trickery, false pretenses, or intentional misrepresentation.
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