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The First Steps To Divorce In Arizona

In Arizona, divorce is also called “dissolution of marriage.” To begin a divorce proceeding, there are several steps one must take.

When you decide to file for divorce, it is important to immediately contact an attorney. The Phoenix divorce lawyers at The Sampair Group know that this process can be stressful and emotional from start to finish, and will be there to assist you through every step.

First, the party filing for divorce must file a petition in Superior Court, in addition to a filing fee. The petition includes certain facts about property rights, spousal maintenance, child custody and child support along with any other rights that are related to the marriage.

In addition to the petition filed in Superior Court, you must also submit a sensitive data sheet, which includes private information about each party involved in the divorce along with any children from the marriage. This document may include sensitive data such as social security numbers of all family members. It is kept sealed by the court so the general public cannot access the information, preventing fraud or other means of using that type of data.

A creditor notice must also be included in the petition. Each spouse will receive a notice from creditors regarding their rights and responsibilities for debt that was incurred during the marriage.

A joint preliminary injunction must also be filed, which is through an order of the court that takes effect as soon as the divorce proceedings have begun. This injunction prohibits either spouse from transferring assets, selling property, changing insurance policies or taking any other actions that may impact how community property is determined or allocated.

Each spouse will also receive notice of their rights and responsibilities about their current healthcare insurance policies and how the divorce will impact that.

A summons is one of the most important documents to file in a divorce process. This legal document informs the responding party that a divorce case has been filed involving them. The summons requires a response in 20 days if the respondent has any input regarding the divorce.

To make sure you are taking the necessary and lawfully required steps to filing for divorce in Arizona, contact a Phoenix family law attorney today.

Military Divorce in Arizona

Comparable to a typical civilian divorce, an Arizona military divorce involves several different and unique issues since state and federal laws and rules apply.

These laws are in place to protect the rights of military personnel and civil laws, combining Arizona divorce laws and military laws.

Military Divorce Protection
In Arizona, there are laws that protect active duty members from being held in default if they fail to respond to a divorce action. This prevents the personnel from being divorced without their knowledge, especially if they are not in the country and serving in a war.

Serving an Active Military Spouse
An active duty spouse must be personally served with a divorce summons and a copy of the divorce action. If this does not happen, the Arizona court cannot have jurisdiction over the active military member. If the case is uncontested, the active duty spouse may not have to be personally served as long as they sign a waiver acknowledging the divorce action.

Requirements/Grounds
In order to file for a military divorce, the military spouse or their spouse must reside in Arizona, or either of you must be stationed in Arizona. The grounds for military divorce are the same as civilian divorce.

Property/Benefits
Division of property in a military divorce follows the same laws along with normal Arizona property division laws. Under these laws, the federal government has enacted the Uniformed Services Former Spouse’s Protection Act (USFSPA) that governs how military retirement benefits are divided and calculated in the event of divorce. This act governs the direct payments of a portion of the portion that military retirees will pay to their former spouse. Federal law will not divide the retirement funds unless the marriage lasted 10 years or longer while one of the parties was active duty military.

Child/Spousal Support
In the state of Arizona, child and spousal support cannot exceed 60 percent of a military member’s pay and allowances. Amount of child support to be paid is determined by regular Arizona child support guidelines.

If you are an active military member or your spouse is active military and you are seeking a divorce, contact the Surprise divorce lawyers at The Sampair Group. Visit us today at www.sampair.com for a free consultation.