Does an Arizona Divorce Need the Presence of Both Spouses?
Divorce is a life-altering decision that can be emotionally and legally complex. One common question that arises is whether both spouses need to be present for the divorce proceedings. In Arizona, the short answer is no – strictly speaking, only the petitioning spouse is required to be present in the divorce process. However, there are nuances to this that divorcing couples should be aware of.
At Goldman Law, LLC, we understand the intricacies of Arizona divorce laws and are here to provide you with a helpful guide on this topic. Don’t hesitate to speak to us if you need legal assistance for your specific situation.
Residency Requirements
Some spouses wonder whether they can get a divorce even if their spouse is out of state. According to Arizona Revised Statutes section 25-312, either you or your spouse must have been a resident of Arizona for at least 90 days before filing for dissolution of marriage. This residency requirement establishes the court’s jurisdiction over your divorce case.
Note that only one party has to satisfy this residency requirement, which means that you may file for divorce in Arizona even if your spouse is not in the state. However, the process will still require you to serve (deliver) the divorce papers to your spouse via a court-approved method.
Presence of Both Spouses: Is It Necessary?
The short answer is no, the presence of both spouses is not required for an Arizona divorce. However, there are certain circumstances where the presence of one or both parties may be necessary or beneficial. For instance, it is often ideal for both spouses to work together in arranging parenting time with their minor child.
Uncontested Divorce
An uncontested divorce is where both parties agree on all aspects of the divorce including property division, child custody, and spousal support. If the divorce is uncontested, the physical presence of both spouses may not be required. In such cases, the divorce can often be finalized through the submission of a written agreement and the necessary legal documents.
Contested Divorce
If the divorce is contested, meaning the parties cannot reach an agreement on divorce issues, the presence of both spouses may be required at certain stages of the proceedings. For example, if the case goes to trial, both parties will likely need to be present in court to testify and provide evidence. Note that if one spouse fails to attend, divorce proceedings can still continue, and the court may potentially decide in favor of the spouse who is present.
Service of Process
Regardless of whether the divorce is contested or uncontested, the non-filing spouse (the respondent) must be properly served with the divorce papers. This procedure, known as “service of process,” ensures that the respondent is aware of the legal proceedings and has an opportunity to respond.
Service can be accomplished in various ways, including personal service, service by mail, or service by publication (in cases where the respondent’s whereabouts are unknown).
The Role of Attorneys
While the presence of both spouses may not be strictly required in all cases, it is generally advisable for both parties to be represented by their respective divorce attorneys. An attorney can help navigate the legal process, protect your rights, and ensure that your interests are properly represented, even if you are not physically present for certain proceedings.
FAQS on Presence, Attendance, or Going to Court in an Arizona Divorce
Do I have to go to court to get a divorce?
In most cases, you may have to go to court to complete a divorce in Arizona. For instance, if the court schedules a hearing for your case, you must appear before a judge for the dissolution to be finalized. However, if you and your spouse agree on an uncontested divorce, a court appearance may not be necessary. The two of you can craft a consent decree, and your attorney may file all the paperwork on your behalf.
Can divorce paperwork be filed by mail?
The divorce process commences when you submit a petition for dissolution of marriage. While the courts provide paperwork packets for completing the petition, these packets cannot be mailed. They must be hand-delivered to the court clerk’s office.
Can I get a divorce in Arizona if I was married in another state?
Yes, you can get a divorce in Arizona even if you were married in another state, as long as you meet the residency requirements. The court will recognize your marriage as valid and proceed with the divorce process.
Can I get a divorce in Arizona if my spouse lives in another state?
Yes, you can get a divorce in Arizona even if your spouse lives in another state. As long as you meet the residency requirements, the court can proceed with the divorce proceedings. However, you will need to properly serve your spouse with the divorce papers, which may involve additional steps if they reside out of state.
What happens if my spouse refuses to participate in the divorce proceedings?
If your spouse refuses to participate or respond to the divorce petition, you may be able to obtain a default judgment from the court. This means that the court will grant the divorce based on the information and requests provided in your petition, without considering your spouse’s input or objections.
Can I get a divorce in Arizona if I cannot locate my spouse?
If you cannot locate your spouse after making reasonable efforts, you may be able to serve them through publication in a local newspaper. This process involves publishing a notice of the divorce proceedings in a newspaper of general circulation in the area where your spouse was last known to reside. However, this method of service is typically only allowed in limited circumstances and may require additional steps.
Are there penalties if my spouse goes to the hearing but I don’t?
If you fail to attend your divorce hearing despite receiving proper notice, your spouse can request the court for a default judgment. With a default judgment, the court will grant your spouse’s desired relief, as long as they present supporting evidence for their requests. If a default judgment is entered against you, you can file a motion to set it aside, but you’ll need to demonstrate excusable neglect for your failure to appear in court.
What if my spouse and I disagree on issues like child custody or property division?
If you and your spouse cannot reach an agreement on issues like child custody or property division, the court will make a decision based on the evidence you each present. In such cases, the presence of both spouses may be required at hearings or trial.
How long does it take to get a divorce in Arizona?
The length of the divorce process in Arizona varies depending on factors such as whether the divorce is uncontested or contested, the intricacy of the issues, and the court’s caseload. Generally, an uncontested divorce can be finalized within a few months, while a contested divorce takes longer.
Talk to Goldman Law: Experienced Family Law Firm Fighting for Your Rights
While the presence of both spouses is not always necessary for an Arizona divorce, it may be in your best interest to participate in the process.
Regardless of the situation, it is crucial to seek the guidance of a skilled divorce attorney from Goldman Law, LLC. With over 25 years of combined experience in family law and divorce cases, we have garnered the highest ratings from various law bodies and clients alike. We are eager to listen to your story, provide sound legal advice, and represent you throughout the divorce process so that your rights and interests are protected.
Contact Goldman Law today by calling (602) 698-5520. Our Phoenix family law attorneys are ready to assist you.
