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Understanding the basics of a Phoenix Divorce case |
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In a Phoenix Divorce case, there are few fundamental facts that must be understood clearly. The primary fact is that only a court of law can legally end a marriage in Phoenix. The service of the court is available in many Phoenix counties to help in resolving difficult issues such as parenting responsibilities and child custody. Once the agreement between the two parties is reached on such issues, it speeds up the court process and the outcome is usually more satisfactory for everyone involved in the case.
Under a Phoenix Divorce case, the divorce is legally known as a "dissolution of marriage." Apart from marriage, the divorce proceedings may also include the settlement of asset and liability divisions between the spouse, the question of alimony payment, and the issues related to child custody and child support.
In a Phoenix Divorce case, the divorce is not complete until the Divorce Decree has been signed by the judge. At the same time, in case of a Phoenix Divorce only the Superior Court can grand a divorce. In order to initiate divorce proceedings, at least one of the spouses has to file a case in the Superior Court.
The Superior Court of Arizona has its offices in every County, but the divorce must be filed only in the particular county where the petitioner is residing. As per the Arizona divorce laws, the divorce is not awarded in particular to either of the spouses. The court order of divorce simply changes the status of the marital relationship.
Another condition that must be fulfilled before filing for a Phoenix Divorce is that at least one of the spouses should have been a resident of Arizona for at least ninety days, or been a member of the U.S. armed forces based in Arizona for at least ninety days. At the same time, if Arizona was not the last state where both the spouses resided together, the question of child custody may require a longer residence period before the court deals with such issue.
Arizona laws do not require at least one of the spouses to prove blame or responsibility in order to grant a divorce. In Arizona, the only condition is that the court must be convinced that the marriage is irreparably broken and there is no reasonable scope for its revival. Only in case of a Covenant marriage, a clear blame or responsibility must be proved before the court in order for the court to end the marriage. |
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