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Kielsky, Rike & Elgart, PLLC

Divorce

What is divorce?

Divorce is a court process to legally end a marriage. In Arizona a divorce is called a "dissolution of marriage." In addition to ending the marriage, a divorce may also deal with how property and debts of the spouses are divided and whether one spouse should pay support (alimony) to the other. If children are involved, a divorce also resolves custody, parenting time and child support issues.

When can I start a divorce case?

Before starting the court case, either the husband or wife must have lived in Arizona for at least 90 days or have been a member of the armed forces stationed in Arizona for at least 90 days. Unless Arizona was the last state where you lived together with your spouse, issues regarding custody of children may require a longer residence time in order to deal with those issues.

How long does it take to get a divorce?

Under state law (section 25-329, Arizona Revised Statutes), 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 the spouses are in agreement about getting a divorce and other issues (such as how to divide property and debts), the divorce can be finalized soon after the 60-day waiting period is over. If the spouses are not in agreement on how to settle all issues, the time it takes will depend on the complexity of the issues and the court's schedule.


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