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F.A.Q.

Affordable Family Law, Inc. > F.A.Q. (Page 2)

Do I have to take a parenting class?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Yes, if parents have a minor child or children together, each parent must attend a mandatory Parent Information Program class. In this class, parents learn about the impact of divorce on children. Both parents are required to attend the parenting class separately. Even if they do not have any disagreements regarding custody of their children, the parents must attend separately. If one parent fails to attend the Court-mandated class, that parent may not be allowed to have custody and/or...

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What is a contested Arizona divorce?

[vc_row triangle_shape="no"][vc_column][vc_column_text]If you and your spouse are unable to reach agreements about your divorce, one of you will file a petition, and the other one will file a response. These are the first two steps that lead to a contested divorce.   To file a response, means "to contest". In Arizona, we call it a response, but it means the same thing as contesting. This is why you people refer to this kind of divorce as a "contested divorce".   If this happens, the...

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How does the Court define community property and debt?

[vc_row triangle_shape="no"][vc_column][vc_column_text] AZ Community Property Arizona is a community property state. This means that the Court considers any property, assets and debts acquired by either of the spouses during their marriage to be just as much the property, asset and debt of the spouse that acquired it as it is for the non-acquiring spouse. There are limited exceptions for community property. Property received as a gift or inheritance by one spouse during the marriage is not considered community property. Typically, all property,...

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Do I need a lawyer for my AZ divorce?

[vc_row triangle_shape="no"][vc_column][vc_column_text] First of all, no one is required to hire an attorney in order to get a divorce in Arizona. However, one’s need for an AZ divorce lawyer depends upon each person’s unique circumstances. That being said, the majority of divorce cases filed in the Arizona Family Court are done so without attorney representation. If spouses aren’t disputing custody and support of their children, or division of property for example, an attorney could be a costly and unnecessary venture. They might just...

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What is a No-Fault Divorce?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Is there such a thing as a no-fault divorce? Many people call us and ask us for a "no fault divorce." However, Arizona is what's known as a "no fault divorce state." Meaning, every divorce in the State of Arizona is a no fault divorce. Every single one! Oftentimes, when people ask us for this, they mean they want an uncontested divorce. This type of divorce can also be known as a "default divorce" and we believe that's where the confusion lies....

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How long do you need to be separated before a divorce in Arizona?

[vc_row triangle_shape="no"][vc_column][vc_column_text]The state of Arizona does not require anyone to be separated before they file for a divorce. If a person is no longer happy in their marriage and they feel that their marriage is irretrievably broken, they can begin the divorce process. Any person can file a petition for a divorce at any moment they would like. Although Arizona does not require individuals to be separated before filing for divorce, the state does require a 60 day "cooling off"...

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How do I get an Arizona divorce by default?

[vc_row triangle_shape="no"][vc_column][vc_column_text] In Arizona, an "uncontested divorce" is called a "default divorce." In most other states, it's called an "uncontested divorce," but Arizona likes to be different! They call it a default divorce in Arizona.[/vc_column_text][vc_empty_space height="12px"][vc_column_text]Once you file for divorce, you must have your spouse served with the documents. You can serve them by using a process server or certified mail. If both people are amicable, the other party can just sign an Acceptance of Service (AOS).   Upon completion of service, your spouse...

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How Much Does a Divorce Cost Without a Lawyer?

[vc_row triangle_shape="no"][vc_column][vc_column_text]The cost of a divorce without a lawyer can vary. It’s entirely possible to get divorced without a lawyer and for free— if you prepare your own paperwork and you qualify as low income. Using Maricopa County as an example, there is a $349 filing fee for a divorce. If you prepared your own paperwork, then the only fee you would need to pay is the court fee. If you collect social security, or nutrition assistance— you can even have...

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What if my spouse won’t agree to the divorce?

[vc_row triangle_shape="no"][vc_column][vc_column_text]In Arizona, there is only one requirement for the Court to grant a divorce. The requirement is that one spouse affirms the marriage is irretrievably broken. Your spouse won't agree? They don't really have a choice. If either you or your spouse disagree with the divorce, a request for Conciliation Counseling can be filed. Then the Court will require both parties to attend a joint counseling session with a Court counselor. If either you or your spouse still want the divorce after...

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How long does a divorce in Arizona take?

[vc_row triangle_shape="no"][vc_column][vc_column_text]How long your Arizona divorce will take depends on many different factors. The length of the divorces primarily depends on the way the divorce is finalized. Some divorces can take approximately 90 days to finalize and others can take up to 6 months to finalize. There things that you can do in order to have more control over the length of your divorce process. How can I get a quick divorce in Arizona? The quickest you can get divorced in Arizona...

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