Attorney Katherine Kraus

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Understanding no-fault divorce in Arizona

On Behalf of | Jun 21, 2017 | Blog

Blame is often a hovering presence in a divorce. It is rare that any spouse will accept responsibility without reservation, and it is more common for spouses to assign responsibility to the other. In some cases, however, both partners agree that neither party is to blame for the separation. This may facilitate a no-fault divorce for couples in Arizona.

There are a few things that both spouses should know, however, before filing. Whether you plan to seek alimony or separate with no further stipulations, the process of no-fault divorce is unique. Arizona residents need to be aware of the following factors that may affect filing.

You may still need to go to court

Many people mistakenly assume that filing for a no-fault divorce will help avoid the court battles that are often associated with separation. On the contrary, issues such as alimony, custody and property division may still land you in a court room debating with your ex. You should not assume that filing for no-fault divorce will preclude you from a trial. 

Only one spouse needs to file

According to the State Bar of Arizona, only one spouse needs to file in order to initiate the proceedings for a no-fault divorce. You or your partner need only to assert that the marriage has become “irretrievably broken.” In doing so, the divorce will be initiated and a 60-day cooling off period will begin before the process continues. 

A spouse may still contest the divorce

Despite the simplicity implied by the title “no-fault divorce,” there are still many factors that can complicate the process. One of the most important of these is the fact that one spouse may still contest the filing of the other. If, for example, you file for a no-fault divorce, your ex can request a conciliation meeting to put proceedings on hold.

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