Divorce is the last thing a couple expects in their relationship. It brings the worst scenario for the couple. It can be psychologically and physically devastating for both spouses. Some people feel scared and some feel guilty while some are angry. You should know about certain things that are essential to your knowledge.
Defining No-Fault Divorce
Arizona is a no-fault divorce state. All couples can get divorce if they have not entered into a covenant marriage.
Defining covenant marriage
In 1998 Arizona offered its residents to enter into a covenant marriage. It is unlike other marriage contracts. Couples publicly declare that they are committing to traditional ‘fault divorce’ procedures. Unless there are proper grounds for a divorce, they will not get one. Even a simple marriage can be converted into a covenant marriage by submitting an affidavit with the oath.
These are the grounds under which a simple marriage can be converted into a covenant marriage.
- Cruelty or domestic violence
- Conviction or domestic violence
- Both spouses agree to a divorce
- Chronic alcohol or drug abuse
- If the couple lives separately for at least two years without any reconciliation prior to filing of a divorce petition.
One of the parties should have been living in the Arizona state for the past 90 days to file for divorce.
How do I serve my divorce petition?
When you file a divorce petition, it along with the summons needs to be served upon the opposing party. The date of service is important as it ends the marital community and starts the response period from the opposite party. There are different ways to serve the divorce petition.
- It can be served in person.
- It can served through substituted service.
- It can be served by mail and signed acknowledgement.
If the respondent lives out of the state, then the following procedures may be adopted for service.
- It can be served by publication.
- It can be served by direct service.
According to new Arizona rules, a paper can be served by the following ways.
- By handing it to the person.
- It can be left at the person’s office. If you find no one in charge, it can be left at a clearly visible place at the office. If the office is found closed or the respondent doesn’t have any office, the paper can be served at that person’s residential place.
- It can be mailed via US mail to the person’s last known address.
- It can also be delivered through electronic means. It is considered complete upon transmission which is the last act by the sender.
On this difficult moment of your life you need expert advice of an established lawyer. You should not go for it on your own. There are different complexities involved in the process such as distribution of assets and child custody. That’s why you should seek help of an expert Arizona Attorney.