2011年5月5日 星期四

Special Features of Divorce Laws


Divorce laws are quite the same in almost all the states. However, there are some facts that separate the Arizona divorce laws from some other states. It is definitely a matter of research to find these differences. Out here in Arizona, the default format of divorce is supposed to be no fault divorce and no reasons are required to be submitted for the divorce. This means that the divorce can be granted quite easily in Arizona. The Arizona state court calls these cases the dissolution of marriage. However, they definitely try to know that is the divorce being taken irretrievably or there are still some ifs and buts in the case. This has to be cleared otherwise such cases are not going to be listened inside the Arizona court.

It is not required that one spouse put forward the pitfalls of the other spouse and this is the biggest difference between the Arizona laws and the other states laws. There are only few states that by defaults, follows the no fault format and there is urgency in clearing off the case. Arizona supports covenant marriages and follows some rules as well as regulations that need to be filled like alimony, felony, adultery and so on. These facts need to be fulfilled definitely, if one wants to get through the covenant marriage process.

At first, the petition for the divorce cases is being issued. However not all couples are allowed to file the petition and it is necessary that the couple must be living in that county for more than 90 days. This is definitely very important. There is one new term called the consent decree. If both the spouses are ready on the entire angle then they can submit the consent decree to the judge and in this way, the case will be solved within few days. However, in straightforward cases the court grants around 60 days to the other spouse to prepare and then reply to the petition. If he or she is not found to reply within 60 days then the court might go against them out here in Arizona.

It should be kept in mind that the Arizona is the community property state. Hence, it is quite important to understand that both the spouses own all the assets and properties and hence it is the right of the court to distribute all the assets equally between the spouses. However, there are some exceptions. If one of the spouses is able to prove the abnormal expenditure on any asset then the court might grant the questioning spouse a bigger share of that asset.

As far as the child custody is concerned, the court tries to look at the interest of the child. The spouse willing to look after the child in better way is being given the custody of the child as well as the support rights. Similar decision is being taken in case of the alimony as well but alimony is generally granted through the court. However, if there is some mutual agreement then this might not be the case. However, in general the Arizona divorce laws are quite straightforward and simple.








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