AZ Family Law - The Legal Process

2008-11-06 15:30:23

( Legal )



Divorce or dissolution of marriage is a legal process leading to the termination of a marriage. Divorce laws vary considerably around the world. Divorce is not permitted in some countries, such as in Malta and in the Philippines, although an annulment is permitted.

The legal process for divorce may also involve an application and award of spousal support, child custody, child support, distribution of property and division of debt, although these matters are only ancillary to the dissolution of the marriage.

In Arizona divorce is called dissolution of marriage and court papers use the term dissolution of marriage instead of divorce. Divorce in AZ uses a no-fault divorce standard that does not require that one of the spouses prove blame or responsibility in order to end the marriage. The only question for the court when a standard marriage is involved is whether the marriage is irretrievably broken, meaning that there is no reasonable chance that the spouses want to keep the marriage together.

Under the AZ family law, a divorce cannot be granted by the court until at least 60 days after the first court papers are delivered to the other spouse. If you and your spouse are in agreement about getting a divorce and other issues, the divorce can be finalized soon after the 60-day waiting period is over. If you and your spouse are not in agreement on how to settle all issues, the time it takes will depend on the complexity of your case as well as the court's schedule.

In cases involving children, governments have a pressing interest in ensuring that disputes between parents do not spill over into the family courts. In AZ family law, the court will make child custody decisions solely based upon what is in the best interest and welfare of the child. Arizona custody may either be sole custody or joint custody. A parent who is not granted custody of the child is entitled to visitation as long as it would not seriously endanger the child's physical, mental, moral or emotional health.

Support and custody of children are separate issues from each other. Under the AZ family law, either parent may be ordered to pay child support, without regard to marital misconduct, based on factors such as financial resources of the child, the needs of the child and standard of living of the child during the marriage.

The subject of divorce as a social phenomenon is an important research topic in sociology. Mounting evidence in social science journals demonstrates that the devastating physical, emotional, and financial effects that divorce is having on children will last well into adulthood and affect future generations. The divorce of parents, even if it is amicable, tears apart the fundamental unit of the society.


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