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De Novo Law Blog

Modifying Spousal Support in Arizona: When and How to Seek Changes in Alimony

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Modifying Alimony-How a Legal Paraprofessional Can Help

Spousal support or spousal maintenance, also known as alimony, is designed to provide financial assistance to a spouse following a divorce.

However, life circumstances can change, necessitating a modification of the initial spousal support order.

Understanding Arizona’s process and legal grounds for modifying spousal support can be crucial for those who either pay or receive alimony.

Table of Contents:

According to the U.S. Census Bureau, approximately 15% of divorced individuals receive spousal support. 

Contact De Novo Law today for expert guidance and modification of spousal support. Our experienced Legal Paraprofessionals can provide the support and advocacy you need.

Circumstances for Modifying Spousal Support

Under Arizona law, spousal support can be modified when circumstances change significantly and continue.

This means that the change must be substantial enough to warrant a revision of the original support order, not just a temporary or minor fluctuation.

The Arizona Revised Statutes (A.R.S. § 25-327) govern the modification of spousal support and outline the criteria the court considers when evaluating modification requests.

Some common circumstances that may justify a modification include changes in employment status, significant income fluctuations, or substantial changes in either party’s financial needs or resources.

For example, if the paying spouse loses their job or experiences a significant decrease in income, they may seek a reduction in spousal support payments. Conversely, if the receiving spouse’s financial situation improves significantly, the paying spouse might request a modification to reduce or terminate the support.

Changes in health or unforeseen medical expenses can also constitute valid reasons for modification.

Suppose either party experiences a severe health issue that impacts their earning capacity or incurs substantial medical costs. In that case, the court may consider these factors to modify the spousal support order.

Requesting a modification of spousal support involves a legal process that begins with filing a petition in family court.

The petition must detail the substantial and continuing change in circumstances that justifies the request for modification.

It is crucial to provide comprehensive and accurate documentation to support the claims made in the petition.

The legal process typically includes the following steps:

  • Filing the Petition: The requesting party must file a petition for modification with the family court and serve it to the other party.
  • Response: The other party has the opportunity to respond to the petition, either agreeing or contesting the proposed modification.
  • Hearing: If the parties cannot reach an agreement, the court will schedule a hearing where both parties can present evidence and arguments.
  • Court Decision: The judge will evaluate the evidence and decide based on the case’s merits and the criteria outlined in A.R.S. § 25-327.

Examples of Situations Warranting Change

Understanding the situations that justify modifying spousal support is essential for anyone considering such a request.

The court looks for significant, ongoing changes in circumstances that impact the financial dynamics between the ex-spouses.

Below are some common scenarios that illustrate when and why a modification might be warranted:

Employment Changes

If the paying spouse becomes unemployed or experiences a significant reduction in income due to factors beyond their control, such as layoffs or medical issues.

Cohabitation or Remarriage

If the receiving spouse cohabitates with a new partner or remarries, potentially reducing their financial needs.

Significant Financial Changes

If the receiving spouse’s financial situation improves significantly, such as through receiving a large inheritance, a substantial increase in income, or winning a lottery.

Stephanie Villalobos, LP

Modifying alimony in Arizona requires a clear understanding of the legal criteria and a thorough presentation of evidence to support the request.

Whether you seek to increase, decrease, or terminate spousal support, navigating the process with care and expertise is essential.

De Novo Law, an Arizona family law Legal Paraprofessional, can provide legal guidance to help you achieve a fair and equitable outcome. For personalized legal assistance in modifying Arizona spousal support, contact us today. 

 

For more information about our services or to schedule a consultation, you can also reach us directly at (480) 725-2200 .

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

When Can I Stop Paying Spousal Support

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Stop Paying Spousal Support

Spousal support, also known as alimony, is a common issue in divorces where one spouse may be required to make regular payments to their former partner.

However, many people wonder when they can stop paying spousal support.

The answer to this question largely depends on the terms outlined in the support order.If you are unsure about your obligations regarding spousal support payments, it may be beneficial to seek guidance from legal paraprofessionals.

At De Novo Law our team of experts can help you handle the complexities of divorce law and ensure that you are meeting your spousal support requirements.

We will cover the following topics

Types of Spousal Support in Arizona 

In Arizona, spousal support—often referred to as alimony or maintenance—is not a one-size-fits-all solution but rather comes in various forms tailored to the specific circumstances of the divorce or legal separation.

Understanding the different types of spousal support can help both parties involved make informed decisions about their future financial arrangements.

 

⓵Temporary Spousal Support

Temporary spousal support, also known as pendente lite support, is awarded during the divorce proceedings. It is intended to maintain the living standards of the lower-earning spouse until the final divorce decree is issued.

This type of support ensures that immediate financial needs such as rent, utilities, and groceries are covered.

The amount and terms are typically decided based on preliminary financial disclosures and might change with the final divorce settlement.

 

⓶Rehabilitative Spousal Support

Rehabilitative support is the most common form of alimony in Arizona. It is designed to be a short-term support mechanism helping the recipient spouse gain necessary skills or education to become self-sufficient.

The duration of rehabilitative alimony is linked to the time it will reasonably take for the recipient to complete education or training programs and reenter the workforce.

The end goal is to allow the recipient to achieve a standard of living not overly disparate from the marital standard.

 

⓷Compensatory Spousal Support

This type of support is awarded when one spouse has significantly supported the other’s education, training, or career advancement during the marriage.

If, for example, one spouse worked to pay household expenses while the other attended law school, compensatory support might be awarded to acknowledge and repay the contributing spouse’s investment.

 

⓸Permanent Spousal Support

Permanent spousal support may be granted in long-term marriages where age, health, or economic disparities significantly disadvantage one spouse’s ability to achieve reasonable financial independence.

This support continues indefinitely unless modified by a subsequent court order upon a showing of a substantial and continuing change in circumstances.

Permanent support is less common and typically reserved for situations where the recipient is unable to become self-sufficient due to age or health issues.

How is Alimony Calculated 

In Arizona, alimony, or spousal support, is determined through a judicial process that assesses various aspects of the spouses’ financial circumstances and personal needs. According to Arizona Revised Statutes § 25-319, alimony is not automatically granted; eligibility and amounts are based on several statutory criteria which include:

   ➤Financial resources and needs: Evaluating both the requestor’s needs and the other party’s ability to pay, considering their assets, incomes, and liabilities.

   ➤Standard of living: The lifestyle maintained during the marriage sets a benchmark for required support.

   ➤Marriage duration: Generally, longer marriages may result in longer or higher alimony payments.

   ➤Age and health: The age and physical and emotional conditions of both parties are considered, especially how these factors affect future earning capacities.

   ➤Contributions to each other’s earning potential: Including educational support or sacrificing career advancement for the family.

The amount of alimony is not calculated through a fixed formula but rather at the judge’s discretion, allowing for adjustments based on the unique circumstances of each divorce case.

Factors influencing the decision include each party’s financial status post-divorce, the time necessary for the recipient to become self-sufficient, and existing financial obligations like child support.

For instance, if one spouse significantly supported the other’s career by managing home responsibilities, this might be factored into a longer and substantial alimony award, especially in marriages lasting over 15 years. 

How Long Do Most People Pay Alimony For? 

In Arizona, the duration of alimony payments typically depends on the length of the marriage, with general guidelines influencing how long spousal support might last.

Here are the common time frames associated with different types of marriages:

 

Short-term Marriages (Under 10 Years)

For marriages that lasted less than ten years, alimony is often awarded for a brief period.

The typical duration can range from a few months to a maximum of half the length of the marriage, depending on the specific circumstances and the court’s judgment.

 

Moderate-term Marriages (10 to 20 Years)

In cases of moderate-length marriages—those lasting between ten and twenty years—alimony may be awarded for a significant portion of the marriage’s duration.

It is common for courts to grant spousal support for about one-third to one-half the length of the marriage, allowing the recipient sufficient time to gain financial independence.

 

Long-term Marriages (Over 20 Years)

For long-term marriages, where the couple was married for more than twenty years, alimony payments can be more substantial and last longer. In many cases, the court may order permanent alimony, which continues until the recipient remarries or either spouse dies. Alternatively, the court might set a duration that approximates the length of the marriage, particularly when permanent support is deemed unnecessary.

These typical time frames are guided by the principles of fairness and the need to support the lower-earning spouse until they can achieve a reasonable standard of living independently.

However, exact durations are ultimately at the discretion of the court, which will consider the full context of the marriage’s financial dynamics and each spouse’s needs and capabilities.

 

What are the Requirements for Termination of Alimony 

In Arizona, the termination of alimony is governed by specific legal standards that define when and how spousal support can be ended.

The following are the primary conditions under which alimony can be terminated:

  • Remarriage of the Recipient: Alimony payments typically cease if the recipient spouse remarries, as the financial support from the new marriage is assumed to replace the need for alimony.
  • Cohabitation: If the recipient spouse begins cohabitating with a romantic partner in a marriage-like relationship, the payer can request the court to terminate alimony, arguing that the financial support needs have decreased significantly due to the new living arrangement.
  • Death of Either Spouse: Alimony obligations automatically end upon the death of either the payer or the recipient.
  • Financial Independence of the Recipient: If the recipient becomes financially independent, the payer might petition the court to terminate alimony. This situation typically involves a significant change in the recipient’s income or financial status.
  • Significant Change in Financial Circumstances: Either spouse can request a review of the alimony agreement if there is a substantial and ongoing change that affects the ability to pay or the need for receiving alimony. This could include situations like a job loss, a considerable decrease in income, or a significant inheritance.
  • Expiration of the Set Term: If the alimony agreement or order specifies a termination date—often in cases of rehabilitative or temporary alimony—the payments will stop once that date is reached.
  • Achievement of the Purpose for Alimony: Especially relevant in rehabilitative alimony, if the recipient has completed education or training and obtained sufficient employment as outlined in the initial support plan, alimony can be terminated.

These conditions ensure that alimony is fair and adaptable to changing life circumstances, reflecting the ongoing financial dynamics between divorced spouses.

Legal counsel can provide guidance on how to proceed if one believes they meet the criteria for alimony termination.

 

What If I Stop Paying Alimony Without Official Termination

If you stop paying alimony without an official termination or modification by the court, you could face several significant legal and financial consequences in Arizona:

  • Contempt of Court: Non-payment of alimony is a violation of a court order, which can lead to contempt of court charges. Penalties for contempt can include fines, court fees, and even imprisonment.
  • Enforcement Actions: The court may employ various enforcement mechanisms to collect unpaid alimony. These include wage garnishment, where a portion of your salary is directly transferred to the recipient; seizing of tax refunds; placing liens on your property; or freezing your bank accounts.
  • Accumulation of Arrears: Any missed payments will accumulate as arrears. You will be required to pay the overdue amount plus potential interest and penalties for late payments. These arrears are legally enforceable debts.
  • Impact on Credit Rating: Failing to pay alimony can be reported to credit reporting agencies and negatively impact your credit score. A lower credit rating can affect your ability to secure loans, credit cards, and may influence housing and employment opportunities.
  • Legal Costs: If the alimony recipient takes legal action to enforce payment, you may be ordered to pay their attorney’s fees and court costs in addition to your own legal expenses.

If you are unable to meet alimony payments due to changes in your financial situation, it is advisable to seek a court modification of the alimony order rather than unilaterally stopping payments.

 

Steps to Modify or Terminate Alimony

If you believe that changes in your circumstances justify an adjustment to your spousal support obligations, following these steps can help you legally modify or terminate alimony:

 

1. Evaluate Your Circumstances

Before initiating any legal action, assess whether your circumstances have significantly and permanently changed since the original alimony order. Common reasons for modification include a substantial change in income, loss of employment, the recipient’s remarriage or cohabitation, or significant health issues affecting your ability to pay.

 

2. Consult with a Family Law Professional

Legal guidance is crucial in understanding the complexities of family law and alimony. An experienced professional can help you determine if your situation qualifies for a modification or termination of alimony. They can also guide you through the legal process and represent your interests in court.

 

3. Gather Supporting Documentation

Compile all relevant documentation that supports your claim for a modification or termination. This may include financial statements, medical records, employment documents, or evidence of a recipient’s change in marital status.

 

4. File a Motion with the Court

You will need to formally file a motion to modify or terminate alimony with the family court that issued the original alimony order. This motion should detail the reasons for the request and include all supporting documentation. 

 

5. Serve the Motion to the Other Party

The law requires that the other party be notified of your motion. This involves formally serving them with a copy of the motion, allowing them the opportunity to respond. They may agree with the motion or contest it, potentially leading to a court hearing.

 

6. Prepare for and Attend the Hearing

If the modification is contested, the court will schedule a hearing. During this hearing, both parties will have the opportunity to present their arguments and evidence. It is essential to prepare thoroughly for this hearing, ideally with the assistance of legal help, to make a compelling case for your request.

 

7. Obtain a Court Order

Following the hearing, the court will issue an order approving, denying, or modifying the terms of alimony. This order is legally binding and will specify the new terms of alimony, if any, that you must follow.

 

8. Enforce or Comply with the New Order

Once the court issues a new order, comply with the terms set forth. If you are the recipient and the payer does not comply, you may need to take steps to enforce the order through the court.

Adhering to these steps ensures that any changes to alimony arrangements are legally binding and enforceable, protecting the rights and financial interests of both parties involved. It’s also advisable to keep all records of payments and communications regarding alimony, should there be any disputes in the future.

Stephanie Villalobos, LP

Get Help From Our Family Law Legal Paraprofessionals 

Handling the complexities of alimony in Arizona can be challenging, but you don’t have to face it alone. At De Novo Law, our team of experienced family law legal paraprofessionals specializes in handling spousal support cases with expertise and care.

We provide personalized legal strategies tailored to meet your specific needs, ensuring the best possible outcomes. Whether you need help modifying or terminating alimony, enforcing an order, or seeking comprehensive legal advice, our dedicated team is ready to support you every step of the way.

For more information about our services or to schedule a consultation, please visit our website at De Novo Law. You can also reach us directly at (480) 725-2200 .

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Uncontested Divorce in Arizona Vs. Contested Divorce

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Uncontested Divorce Vs. Contested Divorce – How a Legal Paraprofessional Can Help

When it comes to divorce proceedings, there are several factors that can make the process more complicated and difficult for all parties involved. In Arizona, couples have the option to pursue either a contested or uncontested divorce.

In an uncontested divorce, both parties come to an agreement on all aspects of the divorce, including child custody, property division, and spousal support, without the need for court intervention. This type of divorce doesn’t require the presentation of grounds for divorce, making it a smoother and quicker process.

On the other hand, a contested divorce can take months or even years to finalize, as it involves litigation and court proceedings to reach a settlement on the terms of the divorce. This type of divorce is often more emotionally draining and expensive than uncontested divorces. 

De Novo Law Legal Paraprofessionals specialize in providing assistance and guidance for couples seeking a contested or uncontested divorce, offering a more affordable and efficient alternative to a family law attorney.

We will cover the following topics:

How Does An Uncontested Divorce Work

An uncontested divorce in Arizona occurs when both spouses agree on all major aspects of the divorce, including asset division, debt allocation, child custody, and support. This type of divorce is generally quicker and less costly:

  • Both parties work together to draft a settlement agreement.
  • Minimal court intervention is required, often only needing a final review and approval by a judge.
  • Encourages a cooperative rather than adversarial relationship post-divorce.
  • Arizona Revised Statutes (ARS) do not specifically define “uncontested divorce,” but the process aligns with the statutes governing the divorce process under ARS Title 25.

This path is less stressful and allows for a private resolution.

What is a Contested Divorce 

A contested divorce, contrastingly, is marked by disagreements between spouses on one or more key issues:

  • Disputes can range from child custody arrangements to division of assets and debts.
  • Involves court hearings where each party presents their case, and a judge makes the final decisions.
  • Typically more time-consuming, expensive, and emotionally draining.
  • According to ARS Title 25, contested divorces follow a specific legal procedure that requires careful adherence to rules and timelines.

Contested divorces can lead to prolonged legal battles, affecting not only the divorcing individuals but also their families, especially children.

Filing for Divorce: A Step-by-Step Guide

Here is a step-by-step guide to help you through the filing process:

  1. Determine the Type of Divorce: Decide whether you are filing for a contested or uncontested divorce. Understanding the difference between these types can influence your approach and preparations. An uncontested divorce typically involves less time and is less expensive than a contested divorce. 
  2. Prepare and File the Divorce Petition: The divorce process officially begins when one spouse (the petitioner) files a divorce petition with the court. In Arizona, this document outlines your desired outcomes regarding division of assets, child custody, alimony, and other relevant issues.
  3. Serve Your Spouse: Once the divorce petition is filed, Arizona law requires that your spouse (the respondent) be formally served with the documents. The respondent then has 20 days to file an answer if residing in Arizona, or 30 days if out of state.
  4. Respond to the Divorce Petition: If you are on the receiving end of a divorce filing, it’s important to respond within the 20 days to file your answer. Failure to do so may result in a default divorce, where the court could grant the petitioner’s requests in your absence.
  5. Negotiate Terms: If the divorce is uncontested, spouses may work out terms collaboratively through mediation or direct negotiation, leading to a divorce agreement. In contested cases, this stage may involve more formal discovery processes, negotiations, and pre-trial motions to resolve disputes.
  6. Finalize the Divorce: Once all issues are resolved, the agreement is submitted to the court for approval. In an uncontested divorce, this might involve a brief court appearance or none at all. In contested cases, this may result from a divorce trial where the judge makes the final decisions.
  7. Obtain the Divorce Decree: The final step is receiving the divorce decree, a document that officially ends the marriage and outlines the terms of the divorce, including asset division, custody arrangements, and any support obligations.

Throughout this process, having legal guidance can help ensure that your interests are represented. Whether you’re dealing with a contested or uncontested divorce, professional legal support can significantly affect the outcome.

How Long Does a Contested Divorce Take in Arizona?

The duration of a contested divorce in Arizona can vary significantly, primarily based on the complexity of the issues in dispute and the court’s schedule.

Typically, a contested divorce in Arizona can take anywhere from several months to over a year.

The average duration is around 12 to 18 months,

 This timeframe can extend if the case is particularly complex or if there are significant delays in court proceedings or negotiations.

Several factors influence the length of time a contested divorce might take, including the willingness of both parties to negotiate, the efficiency of the discovery process, and the availability of court dates. Moreover, if the divorce involves contentious issues such as child custody, division of substantial assets, or spousal support, this can further prolong the process.

It’s important to stay prepared, organized, and in constant communication with your legal advisor.

How Do I Contest a Divorce 

Contesting a divorce in Arizona means that you disagree with your spouse on one or more terms of the divorce, such as child custody, spousal support, division of property, or other issues. 

Here’s an approach to contesting a divorce:

  1. Understanding Your Grounds: Know why you’re contesting the divorce. Identify the specific issues you disagree on. Under Arizona Revised Statutes (ARS) Title 25, which governs family law matters, there are clear guidelines on divorce proceedings, including grounds for contesting terms.

     

  2. File a Response: Upon receiving divorce papers, you have a specific time frame (usually 20 to 30 days) to file a response with the court. This document should outline the issues you disagree with and your proposed resolutions.
  3. Discovery Process: This phase involves the exchange of information and documentation between you and your spouse regarding marital assets, debts, income, and other relevant matters. The discovery process helps both parties and the court understand the facts and circumstances, facilitating informed decisions.
  4. Attempt Mediation: Before going to trial, you may be required or opt to engage in mediation. Mediation allows both parties to negotiate with the help of a neutral third party. This can be a more cost-effective and less adversarial way to resolve disputes.
  5. Pre-Trial Motions and Hearings: If mediation doesn’t resolve all issues, pre-trial motions and hearings may be necessary. These court appearances allow for preliminary matters to be addressed before a full trial.
  6. Trial: If the divorce issues remain unresolved, the case will go to trial. During the trial, both parties present evidence and arguments. Witnesses may be called, and legal arguments made. A judge (there are no jury trials in Arizona divorce cases) will make the final decisions on contested issues.
  7. Final Decree: Once the judge has made a decision, the final divorce decree is issued. This document formalizes the divorce and includes all terms of property division, child custody, support, and any other relevant matters.

A Family Law Legal Paraprofessional can help you understand your rights, prepare necessary documentation, and represent your interests effectively.

Remember, contesting a divorce can extend the time it takes to finalize the divorce and usually involves more emotional and financial resources.

It’s important to weigh the benefits and drawbacks of contesting issues in your divorce with professional guidance.

Effective Negotiation Strategies in Divorce Proceedings

Negotiating terms in a divorce requires a balanced approach, blending clear communication with a firm understanding of your legal rights and obligations under Arizona family law.

Begin by consulting with a legal professional to gain insights into your entitlements and responsibilities. Preparation is key, so gather all relevant financial documents and identify your priorities and areas for compromise.

Consider engaging in collaborative divorce, a less adversarial process where you and your spouse work together to resolve differences, potentially with the aid of a neutral mediator if necessary.

Effective communication is crucial; approach discussions calmly and constructively, aiming for a respectful exchange. When proposals are made, review them thoroughly, ensuring they align with your objectives and legal standards. Be prepared to compromise on less critical issues while standing firm on your priorities to facilitate a fair outcome.

Once an agreement is reached, ensure all terms are accurately documented in a legally binding divorce agreement, reviewed to confirm compliance with Arizona law.

My Ex Wants to Contest Our Divorce, What Do I Do?

Discovering that your ex intends to contest your divorce can be a challenging and stressful experience. 

Here’s a guide on what to do if your ex wants to contest your divorce in Arizona:

  1. Stay Calm and Analyze the Situation: Understand the specific issues your ex is contesting. This could involve child custody, alimony, division of assets, or other aspects. By identifying the exact points of contention, you can better prepare your response and strategy.

     

  2. Consult with a Legal Professional: Engage a Family Law Legal Paraprofessional who can provide advice tailored to your situation. They can help you understand the legal implications of your ex’s challenges and develop a plan of action based on Arizona’s family law statutes outlined in ARS Title 25.
  3. Gather and Organize Documentation: Compile all relevant documentation that supports your position on contested issues. This may include financial records, communication between you and your ex, and any other evidence that pertains to your marriage and the issues being disputed.
  4. File a Formal Response: If your ex has filed a petition to contest the divorce, you must file a formal response with the court. This response should clearly outline your stance on the contested issues and your desired outcomes.
  5. Consider Mediation: Even if your ex has decided to contest the divorce, mediation remains a viable option. A neutral third party can facilitate negotiations between you and your ex, potentially leading to a resolution without the need for a trial. Mediation can be less adversarial and more cost-effective than court proceedings.
  6. Prepare for Court Proceedings: If mediation does not resolve the issues, prepare for court. This involves understanding the legal processes and what to expect during hearings and the trial. Your legal professional can guide you through pre-trial procedures, discovery, and how to present your case effectively.
  7. Prioritize Your Well-being: Contested divorces can be emotionally taxing. Ensure you have support from friends, family, or professional counselors. Maintaining your physical and mental health is crucial during this time.
  8. Stay Informed and Proactive: Keep communication open with your legal advisor, respond promptly to requests for information or documentation, and stay informed about the progress of your case.

Remember, while your ex has the right to contest the divorce, there are structured processes in place to handle such disputes. With the right preparation and support, you can handle this challenging situation and work toward a resolution that aligns with your interests.

Stephanie Villalobos, LP

De Novo Law, recognized for its pioneering role with Arizona’s first licensed Legal Paraprofessional, Stephanie Villalobos, offers affordable family law services.

Their focus includes handling both contested and uncontested divorces, child custody, support issues, and more, similar to the services provided by traditional attorneys but at more accessible rates.

They aim to make legal services available to those who might otherwise struggle with the cost of traditional legal representation.

De Novo Law encourages individuals facing family law challenges to take advantage of their free one-on-one consultation. This opportunity allows you to discuss your concerns directly with a knowledgeable legal paraprofessional and explore your options.

To schedule your free initial consultation, please contact De Novo Law at (480) 725-2200.or visit their contact page for more details and to set up an appointment.

 

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Common Law Marriage in Arizona

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Common Law Marriage- How a Legal Paraprofessional Can Help

Common law marriage is a concept that has been around for centuries and continues to be a topic of interest in family law.

In Arizona, however, common law marriage is not recognized

which can lead to some unique legal challenges for couples who consider themselves to be husband and wife without a formal marriage certificate.

Whether it’s understanding the legal implications of not being recognized as a married couple in the eyes of the state or seeking affordable legal services to protect each other’s rights and assets from a common law marriage originating in another state, a legal paraprofessional can provide much-needed guidance and support. 

We will cover the following topics:

What Is a Common Law Marriage? 

A common law marriage is a non-ceremonial form of marriage that can be recognized as legally valid without a formal wedding or marriage license,

based primarily on the couple’s cohabitation, intention, and presentation as a married couple.

This concept originated in England and was transported to many states in the U.S. However, its recognition varies significantly across different jurisdictions.

In Arizona, common-law marriages are not legally recognized. This means that regardless of the duration of a relationship or how a couple may present themselves publicly, they are not considered legally married without undergoing the formal process, including obtaining a marriage license and having a marriage ceremony.

In What States Are Common Law Marriages Legal?

Common law marriages are legally recognized in a select few states within the United States.

Each state has distinct criteria for what constitutes a common-law marriage. 

  1. Colorado: No minimum period of cohabitation required; couples must hold themselves out to the public as married.
  2. Iowa: Requires a minimum period of cohabitation and public declaration of the marriage.
  3. Kansas: Recognition based on cohabitation and public representation as a married couple.
  4. Montana: No formal requirements for a specific period or public declaration, but couples must meet certain criteria to be recognized.
  5. New Hampshire: Recognizes common law marriage only for the purpose of inheritance.
  6. South Carolina: Requires proof of cohabitation and a mutual agreement to be married.
  7. Texas: Known as “informal marriage,” requiring declaration and registration at the local county clerk’s office.
  8. Utah: Requires a petition to the court to establish a common law marriage.

It’s important to note that the recognition of common law marriage and the associated rights and responsibilities vary from state to state.

Couples in these states are typically granted the same legal rights as those in ceremonial marriages, including in areas of property division, inheritance, and spousal support. 

Will Arizona Recognize My Common Law Marriage From Another State? 

Arizona acknowledges common law marriages established in other states, adhering to the full faith and credit clause of the U.S. Constitution.

While the state itself does not permit the formation of common law marriages, it recognizes them if they are legally valid in the state where they were formed.

  • Interstate Recognition: Arizona respects out-of-state common law marriages, provided they meet all legal requirements of the state in which they were established.
  • Proof of Validity: Couples must demonstrate their relationship met the criteria for a common law marriage in the originating state, including aspects like cohabitation and public recognition as a married couple.
  • Equal Legal Standing: Once recognized, these marriages have the same legal rights and responsibilities as traditional marriages in Arizona, covering areas like property rights, inheritance, and spousal maintenance.
  • Legal Challenges: Proving a common law marriage can be complex without formal documentation, so maintaining detailed records is crucial.

In summary, Arizona will recognize a common law marriage from another state, but couples need to be prepared to provide evidence of the marriage’s validity according to the laws of the state where it was established.

Common Law Marriage and Divorce: How Does It Work?

While Arizona does not establish common law marriages within its borders, it does recognize those validly formed in other states due to the full faith and credit clause of the U.S. Constitution. 

Consequently, if an Arizona resident was part of a common law marriage formed in a state like Colorado or Texas, Arizona courts will treat the dissolution of this marriage similarly to any other divorce proceeding.

This process will involve the equitable division of assets, determination of spousal support, and, if applicable, decisions regarding child custody and support. 

Frequently Asked Questions 

Q1: Can my partner and I be considered legally married under common law if we live together in Scottsdale, Arizona?
A1: In Arizona, including cities like Scottsdale, the state does not recognize common-law marriages, regardless of how long a couple has lived together. While the concept of “marriage by habit and repute” or common-law marriage is recognized in some states, Arizona is not one of them.

Q2: As a surviving spouse in a common-law marriage from another state, what are my inheritance rights in Arizona?
A2: If your common-law marriage is recognized by the state of Arizona, you would have the same inheritance rights as a surviving spouse in a traditional marriage. This includes rights related to community property and other estate matters, subject to Arizona state probate laws.

Q3: Is it possible for my partner and I to file joint tax returns in Arizona if we have a common-law marriage from another state?
A3: If you are in a common-law marriage recognized by the state of Arizona because it was contracted in a state that allows such unions, you may file joint tax returns as a married couple.

Q4: If my partner and I have a common-law marriage in another state, how does the State of Arizona handle our marital contract for legal matters?
A4: When a couple with a common-law marriage from a state that recognizes such unions relocates to Arizona, the State of Arizona will uphold their marital contract for legal matters. This includes recognizing rights related to property disputes, probate proceedings, and other family law matters under Arizona state law.

Q5: Can I use my spouse’s last name in Arizona if we are in a common-law marriage recognized by another state?
A5: Yes, if your common-law marriage is recognized by Arizona because it was contracted in a state that recognizes common-law marriages, you can legally use your partner’s last name. However, it’s advisable to keep documentation proving the validity of your common-law marriage.

Q6: Are there family law firms in the 480 area code that specialize in cases involving common-law marriages?
A6: Yes, there are family law firms in the 480 area (Scottsdale and surrounding areas) that specialize in cases involving common-law marriages recognized by other states. These firms can provide legal advice and representation in various family law needs, including those unique to common-law marriages.

Stephanie Villalobos, LP

How a Family Law Legal Paraprofessional Can Help 

De Novo Law offers specialized assistance through their family law legal paraprofessionals for couples moving to Arizona with a common law marriage established in another state.

A legal paraprofessional, like those at De Novo Law, is a licensed professional who can perform many of the same functions as an attorney but at a more affordable cost.

This includes offering guidance on how Arizona laws might affect your common-law marriage and handling associated legal matters like property division, child custody, and support.

For individuals seeking advice in this area, De Novo Law’s free consultation offer is an excellent starting point to better understand your situation. You can contact them at (480) 725-2200. to schedule this consultation and discuss the specifics of your common law marriage and how it may be treated under Arizona law.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Get a Divorce Without Going to Court in Arizona

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Divorce Without Court- How a Legal Paraprofessional Can Help

If you have considered getting a divorce in Arizona, you may dread the idea of a lengthy and expensive court battle. However, there is a way to end your marriage without the need for a court appearance.

With the help of a legal service, you can handle the divorce process without ever stepping foot inside a courtroom.

In Arizona, couples have the option to pursue a collaborative divorce or mediation instead of going through a traditional court process. This can save time, money, and emotional energy. In a collaborative divorce, both parties work together with their respective representation to negotiate a fair settlement, including spousal support and custody decisions.

We will cover the following topics:

Understanding Arizona’s No-Court Divorce Process

To qualify for a no-court divorce in Arizona, certain conditions must be met. These generally include agreement on major issues such as asset division, child custody, and support.

Couples must be in a mutual understanding that the marriage is irretrievably broken and are willing to negotiate terms amicably.

Overview of the Legal Framework

Arizona law, detailed in the Arizona Revised Statutes (ARS), provides the legal basis for a no-court divorce, known as an uncontested divorce or dissolution of marriage. This process is governed by ARS §25-312, which outlines the requirements for dissolving a marriage, including residency requirements and grounds for divorce.

Additionally, ARS §25-318 addresses the consensual division of property and debts, which is a crucial part of the no-court divorce process.

In a no-court divorce, the primary focus is on negotiation and agreement. Couples work together, often with the help of legal counsel or mediators, to reach a mutually acceptable divorce settlement.

This approach contrasts with the traditional contested divorce, where disputes are resolved in court, often leading to a more adversarial and lengthy process.

Filing for Divorce Without Court Intervention

Filing for a divorce without court intervention in Arizona, known as an uncontested divorce, is a more straightforward process compared to a traditional contested divorce.

This option is ideal for couples who agree on all major issues, including property division, child custody, and support.

Here’s a step-by-step guide to help you understand the process:

  1. Determine Eligibility: Ensure that you meet Arizona’s residency requirements for divorce. At least one spouse must have lived in Arizona for a minimum of 90 days before filing.
  2. Agree on Key Issues: Both parties need to agree on all aspects of the divorce, including asset division, debt division, child custody, visitation, and support, as well as alimony (if applicable).
  3. Prepare and File Divorce Papers: Complete the necessary forms, which can be obtained from the Arizona Judicial Branch website or your local court. The primary form is the “Petition for Dissolution of Marriage.” The forms vary depending on whether you have children.
  4. Serve Your Spouse: Once filed, you must legally serve your spouse with the divorce papers, following Arizona’s rules for service of process. Your spouse will have a set period to respond.
  5. Submit a Consent Decree: If your spouse agrees to the terms, you both can submit a Consent Decree of Dissolution of Marriage. This document outlines all the terms of your agreement.
  6. Final Review and Decree: After submitting the Consent Decree, a judge will review it. If it meets all legal standards, the judge will sign it, making your divorce official.
  7. Address Post-Divorce Considerations: After the divorce is finalized, follow through on all agreed-upon terms, such as transferring property titles and updating legal documents (like wills or beneficiary designations).

Remember, while an uncontested divorce can be simpler and less expensive, it’s important to ensure that all agreements are fair and in line with Arizona law. 

Financial Aspects of a No-Court Divorce

When undergoing a no-court divorce in Arizona, it’s important to understand and appropriately handle the financial aspects.

These include the division of assets and debts and considerations for child support and alimony.

Proper management of these elements can lead to a smoother divorce process and ensure a fair outcome for both parties.

Managing Assets and Debts in an Amicable Split

In a no-court divorce, couples have the advantage of working out the division of assets and debts themselves.

This requires full disclosure and an honest assessment of shared and individual assets and liabilities. The key steps involve:

  • Listing All Assets and Debts: Both parties should compile a comprehensive list of all assets (like real estate, vehicles, savings accounts) and debts (such as mortgages, car loans, credit card debts).
  • Valuing Assets and Debts: Accurately assessing the value of assets and the amount of debts. This may require professional appraisals or valuations for certain assets.
  • Agreeing on Division: The couple should agree on a fair division. Arizona is a community property state, which generally means that any assets and debts acquired during the marriage are to be divided equally. However, couples can agree on a different division if they both consent.
  • Consideration of Tax Implications: Be aware of potential tax implications of asset division, especially for items like retirement accounts and real estate.

It’s often beneficial to work with financial advisors or legal professionals to help with the process, ensuring that the division is equitable and complies with Arizona law.

Child Support and Alimony Considerations

Child support and alimony are significant considerations in any divorce, including no-court divorces.

  • Child Support: In Arizona, child support obligations are determined based on the Arizona Child Support Guidelines, which consider various factors including the income of both parents, the number of children, and the time each parent spends with the children. The goal is to ensure that the children’s financial needs are met post-divorce. 
  • Alimony (Spousal Maintenance): Alimony, known as spousal maintenance in Arizona, is not guaranteed in every divorce. It depends on factors like the length of the marriage, each spouse’s financial resources, and the standard of living established during the marriage. Unlike child support, there’s more flexibility and negotiation involved in determining alimony.

In summary, addressing the financial aspects of a no-court divorce in Arizona requires careful consideration and often professional guidance. By managing these aspects effectively, you can ensure a fair and sustainable outcome for both parties and any children involved.

Frequently Asked Questions: No-Court Divorce in Arizona

Q: Can I get a divorce in Arizona without going to court? A: Yes, you can get a divorce without appearing in court if both parties can reach an agreement on all terms of the divorce. This is known as an uncontested divorce. Once the divorce petition is filed with the court and all necessary documents are served and agreed upon, you may not need to attend a hearing if everything is in order.

Q: What is a default divorce in Arizona? A: A default divorce occurs when one spouse files for divorce (the petitioner) and the other spouse fails to respond to the petition within the stipulated time frame. In such cases, the court has discretion to grant a decree of dissolution of marriage based on the terms set forth in the petition.

Q: Do I need to be a resident of Arizona to file for divorce in the state? A: Yes, Arizona law requires that at least one of the spouses be a resident of Arizona or be stationed in Arizona (in the case of military personnel) for at least 90 days before filing the divorce petition.

Q: What happens if we have minor children involved in the divorce? A: If there are minor children involved, Arizona courts look into the best interests of the children regarding custody and support. The process may involve an early resolution conference and both parties may need to come to an agreement on child-related issues. This can be done through mediation or negotiation, avoiding the need for a court hearing.

Q: How does the division of property work in an Arizona divorce? A: Arizona is a community property state, which means that any assets and debts acquired during the time of marriage are generally divided equally between the parties. It’s common to think that this split is always 50/50, but the actual division may vary based on the circumstances. Couples are encouraged to reach an agreement on property division, possibly with the help of a qualified financial adviser or family law expert.

Q: What if my spouse and I cannot agree on the terms of our divorce? A: If you and your spouse cannot come to an agreement on your own, the case is considered contested and may require intervention from the court. In this scenario, both parties may need to attend a hearing, and the court will make decisions on the contested issues.

Q: Can I file for divorce in Arizona if my spouse is not willing to? A: Yes, you have the option to file for divorce even if your spouse does not want to divorce. If your spouse fails to respond after the papers are served, the procedure is done as a default process where the court may award the petitioner the terms set forth in their petition.

Stephanie Villalobos, LP

In cases of no-court divorce, a legal paraprofessional can offer substantial help. They can guide clients through preparing and filing divorce documents, ensuring that all paperwork is correctly completed and submitted.

This includes drafting and reviewing documents such as the petition for dissolution of marriage, financial affidavits, and agreements related to child custody and support, if applicable.

Their knowledge of Arizona’s family law allows them to provide clients with accurate information on their rights and obligations, ensuring that the legal aspects of the divorce are handled properly. 

Additionally, they can assist in the negotiation and mediation processes, helping clients reach amicable agreements on various aspects of the divorce, thus avoiding the need for court intervention.

This support can significantly streamline the divorce process, making it less stressful and more efficient for the clients involved.

To contact De Novo Law for assistance with family law matters including uncontested divorce, you can reach them by phone at (480) 725-2200. They offer a free initial consultation with a legal paraprofessional to discuss your specific concerns.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

How is Spousal Support Determined? What if My Partner Makes More Money Than Me?

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Navigating Spousal Support Can Be Difficult

Learn what factors the courts use to determine who is eligible for spousal support after a divorce. Choose from any of the topics below.

What is Spousal Support?

Spousal support, also known as alimony or maintenance, is the financial support one spouse pays the other after a divorce.

It is intended to help the receiving spouse maintain their standard of living during and after the divorce.

Spousal support may sometimes be awarded in a lump sum or periodic payments.

Spousal support can be modified or terminated when circumstances change; for example, if either party remarries or in cases of extreme hardship.

 

 

How Judges Decide Alimony Amounts in Arizona

In Arizona, judges determine alimony amounts on a case-by-case basis.

Factors that will be considered include the duration of the marriage, the age and health of each spouse, the standard of living established during the marriage, whether one spouse sacrificed career opportunities for the benefit of the other, and any other relevant factors.

Judges must also consider spouses’ income and potential earning capacity when determining alimony amounts. In some cases, judges may consider additional items such as family assets, debts, or property division agreements.

Ultimately, judges will strive to create an equitable arrangement that provides financial security for both parties after the dissolution of their

If My Spouse Makes More Money than Me, Can I Get Alimony?

In Arizona, a spouse can receive alimony if their spouse makes more money than them.

Alimony is a court-ordered payment made by one spouse to the other to help the receiving spouse maintain their standard of living during and after a divorce. The court determines the amount and duration of alimony payments based on several factors, such as earning capacity and financial need.

Additionally, Arizona courts may consider any existing prenuptial or postnuptial agreements when determining alimony. Ultimately, courts will consider all relevant facts when determining whether to award alimony and how much should be paid.

 

 

 

What is the Formula for Calculating Spousal Support?

The formula for calculating spousal support in Arizona is based on several factors, including the length of the marriage, each spouse’s income, and their respective financial obligations.

Generally speaking, the longer the marriage lasts, the higher the spousal support amount may be.

When calculating spousal support, the court will also consider other factors, such as each partner’s education level, age, health condition, and earning capacity. Depending on the situation, either party may be ordered to pay support or agree to an arrangement that works best for them.

Ultimately, it is up to a judge to determine how much support will be paid and for how long.

 

 

 

Top 5 Most Frequently Asked Questions About Spousal Support

 

How long does spousal support last in Arizona?

The length of spousal support in Arizona is determined by several factors, including the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage.

In most cases, spousal support is ordered for a specific period of time, after which it will end.

 

Can spousal support be modified in Arizona?

Yes, spousal support can be modified if circumstances change, such as a change in income or job status, or if the recipient spouse gets remarried.

 

 

Can spousal support be terminated in Arizona?

Yes, spousal support in Arizona can be terminated if the recipient spouse remarries or if there is a significant change in circumstances, such as a change in income or job status.

 

 

What happens if a spouse fails to pay spousal support in Arizona?

If a spouse fails to pay spousal support in Arizona, the recipient spouse can ask the court to enforce the support order. This may include wage garnishment, property liens, or other enforcement actions.

 

 

Is spousal support tax-deductible in Arizona?

Under federal tax law, the person paying spousal support can deduct the payments from their taxable income, while the recipient must report the payments as taxable income.

 

Stephanie Villalobos, LP

A step that can be taken if you seek more information about spousal support is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make significant decisions concerning alimony.

Call us today at 480-725-2200 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

How To Get a Divorce When Your Spouse is in the Military?

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Navigating Military Life: How to Go About Getting a Divorce

Learn how having a partner in the military can impact divorce. Choose from any of the topics below.

  • How to Get a Divorce When Your Spouse is in the Military in Arizona
  • How is Military Divorce Different from Citizen Divorce?
  • Advantages of Annulment and Legal Separation for Military Couples
  • Frequently Asked Questions About Divorce in a Military Family
  • Speak With a Legal Paraprofessional About Military Divorce

Getting a divorce is never easy, but the process can be even more complicated when your spouse is in the military.

A Military divorce case has its own set of unique rules and challenges, and it is vital to understand them to navigate the process.

In this article, we will explore how to get a divorce when your spouse is in the military in Arizona and answer some frequently asked questions about military divorce.

 How to Get a Divorce When Your Spouse is in the Military in Arizona

  1. Understand the Service Member’s Civil Relief Act (SCRA)
  2. The Service Member’s Civil Relief Act (SCRA) is a federal law that protects military service members in civil legal proceedings. One of the protections is a stay of proceedings for up to 90 days for service members on active duty. This means that your divorce proceedings may be delayed if your spouse is on active duty.
  3. File for divorce in the proper jurisdiction
  4. When your spouse is in the military, filing for divorce in the proper jurisdiction is essential. In Arizona, if your spouse is a resident of the state or stationed in the state, you can file for divorce in Arizona. If your spouse is not a resident or stationed in the state, you may need to file for divorce in the state where they are stationed or where they reside.
  5. Consider contacting a paralegal professional to advise you through the divorce process.

How Is a Military Divorce Different from Citizen Divorce?

A divorce in a military family is different from a civilian divorce in a few key ways:

  • Jurisdiction: Military members and their families are often located in different states and countries due to their service, which can complicate the process of filing for divorce. In a civilian divorce, both parties must typically be residents of the state where they file, but military members can file for divorce in the state where they are stationed or reside.
  • The Service Member’s Civil Relief Act (SCRA): The SCRA provides specific protections for military service members in civil legal proceedings, including a stay of proceedings for up to 90 days for service members on active duty. This can delay the divorce proceedings and may require special arrangements to serve the divorce papers.
  • Division of Military Pension: Military pensions are considered marital property and are subject to division in a divorce; however, the division process can be complex, and it is essential to work with an attorney who has experience in this area to ensure that your share of the pension is calculated correctly.
  • Child support and custody: The nature of military service can make child custody and support arrangements more complicated, mainly if one parent is deployed or stationed in a different location. The military provides support for military families going through a divorce, including legal assistance and counseling services.
  • Health care and other benefits: Divorce can affect a military member’s eligibility for certain benefits, such as health care and housing allowances. It’s important for military personnel to understand how divorce may impact these benefits and to plan accordingly.

Advantages of Annulment and Legal Separation for Military Couples

There may be advantages for a military couple to consider annulment or legal separation rather than divorce in certain situations. Some of the advantages may include the following:

  • Preservation of Benefits: In some cases, annulment or legal separation may allow a military member to retain certain benefits, such as health care and housing allowances, that would be lost in a divorce.
  • Avoiding a “Fault” Divorce: Annulment or legal separation may be a way for a military couple to end their marriage without having to prove fault, which can be complicated and emotionally difficult in a military divorce.
  • Religious reasons: Some religious beliefs prohibit divorce; in such cases, an annulment or legal separation may be more acceptable as they allow the couple to end the marriage without going against their religious beliefs.
  • Keeping a lower profile: Annulment or legal separation may not be as public as a divorce and may be a way for military couples to avoid the publicity and scrutiny that can come with a divorce.
  • Maintaining insurance coverage: In some cases, annulment or legal separation may allow a military member to maintain insurance coverage for a spouse and children, which may be lost in a divorce.

It’s important to note that annulment and legal separation may not be possible or appropriate in every case, and each option’s advantages and disadvantages should be considered case-by-case basis.

Frequently Asked Questions About Divorce in a Military Family

Does a Military Spouse Keep Benefits After Divorce?

In Arizona, the answer to whether a spouse will keep military benefits after divorce depends on several factors. Generally, if the service member and the spouse were married for at least 10 years while the service member was actively serving in the military, then the spouse may be entitled to some of those benefits. The number of benefits that may be received will depend on how long they were married and what type of benefit it is.

For example, if it is healthcare coverage or access to base housing, then there may be continued eligibility after divorce. However, if it is a retirement pension or death benefits, then those are not likely to continue for the ex-spouse.

Will a Divorce Affect a Military Pension?

A divorce can have a significant effect on a military pension. Depending on the type of pension, it can be divided between spouses as part of the divorce settlement. In this case, one spouse may receive a portion of the other’s pension, or both parties may receive equal portions.

Suppose the couple was married for 10 years or more, and at least one of them had served in active duty for at least 20 years. In that case, the former spouse is eligible to receive a portion of the other’s retirement pay under the Uniformed Services Former Spouses’ Protection Act (USFSPA). Even if these conditions are not met, state laws may provide for the division of pensions in cases where there was an extended marriage.

Can I Get a Divorce While My Spouse is Deployed?

Yes, you can get a divorce while your spouse is deployed. However, the Service Member’s Civil Relief Act (SCRA) provides a stay of proceedings for up to 90 days for service members on active duty, which may delay the divorce proceedings.

Can I Get Alimony If My Spouse is in the Military?

Yes, you can receive alimony if your spouse is in the military. Alimony is determined on a case-by-case basis, considering factors such as the length of the marriage, the income of each spouse, and the standard of living during the marriage.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing challenges regarding divorce is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning divorce or legal seperation.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.