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2022 Arizona Divorce Guide: What Do Divorcing Spouses Need to Know?

by | Jan 1, 2022 | Divorce

The New Year brings a fresh start, but if you are in an unhappy or unhealthy marriage, moving on from the struggles of the prior year can prove difficult. As a result, studies show that many spouses use the New Year as an impetus to file for divorce. If you are thinking about getting divorced in 2022, now is the time to get started, and we encourage you to use the resources in this 2022 Arizona Divorce Guide to help guide your preparations:

Knowing What To Expect When You File for Divorce

Getting divorced is a process, and knowing what to expect (and what not to expect) can make the process go much more smoothly. These resources cover everything from how to set reasonable expectations to how to make sure you don’t overlook any important issues:

Understanding Arizona’s Divorce Laws

When getting divorced, you don’t need to have an intimate understanding of all of the nuances of Arizona’s divorce laws—that is your lawyer’s job. But, you do need to familiarize yourself with the basics. Use this resource to learn about the laws that will govern the outcome of your divorce:

  • What are Arizona’s Divorce Laws? – If you are like most people, you are entirely unfamiliar with Arizona’s divorce laws. These frequently asked questions (FAQs) provide an introduction to what you need to know.

Understanding Your Options for Staying Out of Court

While getting divorced necessarily involves going to court in Arizona, it is possible to handle the substantial majority of the process informally. In fact, in most cases, it will be in both spouses’ best interests to reach an agreement on the terms of their divorce rather than asking a judge to make decisions for them. While some couples will be able to come to terms on their own, many will benefit from the mediation and collaborative law processes:

The 3 Key Aspects of the Divorce Process

When it comes to resolving divorce, there are three key aspects of the process: (i) property division, (ii) financial support, and (iii) child custody and parenting time. You can use this 2022 Arizona Divorce Guide to learn the basics about each of these three key aspects:

1. Property Division

In the absence of a prenuptial or postnuptial agreement, divorcing spouses in Arizona must divide their property according to the state’s “community property” laws. This means that most couples will need to divide their assets 50-50.

But, there are many different ways to effectuate a 50-50 split, and divorcing spouses have a significant amount of flexibility to arrive at a mutually-agreeable solution. It is also important to note that some assets may not be subject to division. The following articles cover these considerations in greater detail:

2. Financial Support

In Arizona, a divorce can potentially result in one former spouse having an obligation to provide two different types of financial support: alimony and child support. While alimony is on the table in all divorces, not all divorces lead to an alimony award. Conversely, when divorcing spouses have minor children, then they must necessarily address child support as part of the divorce process.

Calculating alimony and calculating child support are very different. For an overview of the key factors involved in both calculations, you can read:

3. Child Custody and Parenting Time

Divorcing parents who have minor children must also necessarily address the matter of child custody and parenting time. In Arizona – as in other states – all child custody determinations must reflect the best interests of the children involved.

Similar to property division, divorcing parents have a variety of options when it comes to formulating a post-divorce parenting time plan. However, there are some limitations, and parents must work closely with their attorneys to ensure they are making sound decisions that comply with Arizona law. These resources cover the basics of child custody in Arizona, the primary options that are available, and some important considerations for dealing with special circumstances post-divorce:

We hope you find the resources in this 2022 Arizona Divorce Guide useful. However, these resources are not a substitute for personalized legal advice. To get your divorce started on the right track, schedule a free initial consultation at Weingart Family Law today.

Schedule a Free Initial Divorce Consultation in Phoenix, AZ

We provide experienced, personalized, and compassionate legal representation for divorcing spouses in Arizona. If you would like to discuss your circumstances with an experienced Phoenix divorce lawyer in confidence, please call 480-542-0099 or request a free consultation online.

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