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Arizona Alternatives to Divorce

Typically when people think about ending a marriage, they think about filing divorce; however, there may be alternatives to divorce court depending on your situation. Some divorce options available to couples include alternative dispute resolution.

Speak to a divorce attorney about divorce and divorce alternatives.

A couple may also choose to end a marriage through annulment or legal separation if it's possible under state divorce laws.

Annulment

If a marriage wasn't legal under state law, it is possible in most states for a couple to have an annulment. When a marriage is annulled, it's as if it never existed. Under Arizona divorce law, any marriage is void, meaning it may be annulled, if it's:

  • Between relatives related within a certain degree
  • Between members of the same sex
  • May be void for other reasons

A local Arizona divorce lawyer will be able to go over other circumstances in which a marriage may be annulled.

Legal Separation

To file for legal separation in Arizona, the couple must be domiciled in the state or stationed there while in the armed services. Legal separation will be granted if the marriage is irretrievably broken by one or both of the spouses and there is a desire to live separate and apart. If one of the parties objects to the separation, the Arizona divorce court will amend the pleadings to seek a divorce.

Set workable terms in legal separation with a divorce attorney.

If the couple was married under covenant marriage law, the legal separation grounds are similar to the Arizona grounds for divorce in a covenant marriage. The grounds for legal separation include:

  • Adultery
  • Committed a felony and imprisonment in any federal, state, county or municipal correctional facility
  • Abandonment for one year
  • Physical or sexual abuse
  • Spouses have been living separate continuously without reconciliation for at least two years before the petitioner filed for legal separation
  • Habitual intemperance or mistreatment by one spouse such that living together would be insupportable
  • Habitual drug or alcohol abuse

The couple can create a separation agreement with workable terms regarding Arizona property division, Arizona child support, Arizona child custody and other matters. The Arizona divorce court will enforce the agreement if it seems reasonable and fair.

Alternative Dispute Resolution

Arizona divorce law provides for court of conciliation, allowing couples to reconcile or come to a settlement in domestic relations disputes. The Arizona divorce court may provide divorce mediation, conciliation counseling or other methods of dispute resolution.

Couples considering divorce or who are filing for divorce may use conciliation counseling to help make decisions for the future. A petition for conciliation counseling can put the divorce process on hold for up to 60 days.

For more information about divorce and divorce alternatives in Arizona, speak with a local Arizona divorce lawyer. Connect today and get a case review by an Arizona divorce lawyer by calling 877-349-1310 or filling out an Arizona divorce case review form.

The above synopsis of Arizona divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Arizona divorce lawyer in your area.

Arizona divorce laws were last updated May 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.