We have all seen the television court dramas - the "you've been served", shouting matches in the courtroom, all the drama. But what is a divorce like in real life?
Arizona is a "no fault divorce" state meaning that you do not have to prove that your spouse was unfaithful, abusive, or "wrong" in any way for the Court to grant you a divorce. Once one party chooses to end the marriage, the divorce process may begin.
When you or your spouse has made that decision, a Petition for Dissolution of Marriage will be filed, which starts the process of divorce with the Court. Once a Petition is filed, it must be served on the other spouse, who then has a chance to respond to the Petition. From that point, the Court will set your matter for a short non-evidentiary hearing to get to know your case and offer suggestions on the best way forward.
During this process, you will be asked to disclose significant amounts of documentation relating to your finances, property, businesses, parenting time, etc. This may feel invasive, but is crucial to give both you and the Court the information that it needs in order to equitably divide your assets and debts.
From there, there are two common outcomes: trial or full agreement. If you and your spouse come to an agreement as to the division of all assets and debts, spousal support, as well as legal decision-making, parenting time, child support (if applicable), you may put your agreements in writing, provide it to the Court for signature, and, once you get that signed document back from the Court you are done! If you and your spouse are unable to come to full agreement, the Court may set your matter for a trail. This is where you will provide evidence, testimony, and experts to support your position. The Court will weigh both sides and issue a final judgment.
The Court process does not need to be disrespectful or overly adversarial. When retained in this capacity, Ms. Ruben believes it is in a client’s best interest to keep the proceedings as non-adversarial as possible for as long as possible. Any dehumanization of the other party will not be tolerated.
This is the most common process and therefore the most well-defined.
Clients do not have to negotiate directly with each other which avoids unhealthy dynamics and recycled arguments from bogging down the process.
Guaranteed process for resolution.
Clients have less control, as lawyers typically negotiate with each other and Judges make ultimate decisions on contested issues.
Can be costly depending on un-reasonableness either party and / or aggressiveness of their attorney.
On average, this process takes anywhere from 6-24 months to complete.
Short answer: no. There are forms available at your local Law Library that you can use to divorce your spouse.
Long answer: Having a lawyer in your corner can be absolutely invaluable. From retirements to businesses, to delicate parenting arrangements, divorce can be a complicated and arduous process with many nuanced moving parts. Ms. Ruben has handled hundreds of complex and compelling cases and has the knowledge and expertise to help you come to the best resolution for your case and unique family. She has years of experience with the court system and can help navigate you through the intricacies of the dissolution process with confidence that your agreement is not only fair, but legally sound.