Arizona No Fault Divorce

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A married couple usually go for divorce when they do not find any possible way to resolve their differences with each other. Some couples are married under the "covenant of marriage". As per the covenant, the couple has a thorough pre-marital counseling. During this counseling, they accede with each other to remain together for a lifetime and execute all efforts to save the marriage. In case of such a covenant of marriage, it is not possible to offer divorce on no fault grounds. Compulsorily, some fault ground is essential. However, in the Arizona state, no fault grounds are also applicable in order to have divorce without claiming any mistake or fault against the other partner. It is observed that this entire legal process can be completed in a lesser time if the divorcing parties are aware of the overall divorce laws and rights of this state. The additional advantage of getting divorce in the Arizona state is that the residents can obtain their divorce without mentioning any particular reason in front of the court. The residents are also expected to fulfill a definite set of criteria prior to filing the no fault case in the court. Some of the essential requirements are residency criteria, suitable divorce grounds and likewise.

Residency Requirements of Arizona No Fault Divorce

As per the laws in this state, it is necessary that either of the two divorcing partners must be resided in this state for at least ninety days prior to the date of filing of the divorce papers.

Grounds for Arizona No Fault Divorce

In most of the states, no fault cases are entirely based upon the divorce grounds, specified right at the time of filing step in divorce. In 1977, the following no fault grounds were introduced in the Arizona state:

• Non-matching temperaments of the divorcing partners
• Irretrievable breakdown of the marriage and no possibility of reconciliation even in the near future

The court should conclude that there is no way to repair the marriage. Moreover, any trial to do so is not in the best interests of the divorcing partners. The above mentioned points are included in statutes 25-312 of the laws of the state.

Procedure

• The county in which the petitioner stays in the state of Arizona is chosen for the filing procedure to be executed.
• There is a waiting period of sixty days provided to both the divorcing parties.
• When the waiting period is complete, the Judge may take the decision that a hearing of the case must be scheduled.
• If the divorce is an uncontested one, the Judge may decide not to arrange a hearing and instead, may directly sign the Divorce Decree and send it to the respective clients.
• Sometimes minor child or children are involved in the divorce. In such a case, the child or children and the parent must be living together in this state for at least six months prior to the date of filing divorce.
• If the divorcing partners do not agree on certain issues and opt for a contested divorce, then the divorce matters are contested and should be settled in the court itself.
• Some crucial issues such as property division matter is mainly sorted by doing the equal distribution of assets and debts between both the spouses.
• Similarly, other critical issues like child custody are mainly resolved by considering the personal interest of the child.
• When the divorce decree is given a final legal approval, the divorcing partners can consider themselves to be legally divorced.
• The rules regarding the final divorce hearing are mentioned in statutes 25-329.

Legal Form Kit

Several legal form kits are available online for no fault divorces in Arizona. These are in .doc format. The client's personal computer must have Microsoft Word application in order to view these forms. Most of these kits are Macintosh compatible. Within the ordering process, there is a "Download Now" button on the last page. This has to be clicked to view the kit forms.

Some of the forms for no fault divorce without minor children available in this kit are as follows:

• Request for Default Hearing
• Divorce without a Court Hearing
• Motion and Affidavit for Default
• Stipulation to File Consent
• Decree of Dissolution of Marriage (Divorce without children)
• Response to Dissolution of Marriage without Children
• Affidavit of Service by Registered Mail
• Decree of divorce

The Arizona no fault cases are mainly accomplished by following all rules and regulations that are drafted as per the state laws and policies.

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