Types of Divorce
At the heart of every divorce are four issues:
- Division of community and/or marital property
- Division of debt
- Custody of any children
- Payment of child and/or spousal support
Contested
Arizona is a no fault divorce state, which means you do not have to allege fault or wrong doing to get a divorce. However, there may still be disagreements about how to divide up the assets and debts of the marriage, and how to parent the children after the divorce. Calling it a contested divorce, usually means there is some disagreement about these things, although there can be other issues is dispute.
Uncontested
This occurs where the spouses agree on the terms of the divorce such as property distribution, child support, or child custody. This is sometimes called a “Consent” proceeding. Default Divorce
This is a divorce where the other spouse receives the divorce documents and chooses not to file a Response. This means that the other spouse has no objection to the property distribution, child support or child custody. The spouse simply defaults on the case and the spouse who files for divorce gets whatever was asked for in the original petition. Missing Spouse
If you do not know where your spouse is and cannot locate him/her after diligent effort, you may still get a divorce in Arizona. This may involve the extra expense of running a newspaper ad or something similar. Arizona Military Divorce Laws
Military Protection From Divorce Proceedings
There are laws set up to protect active duty military members against being held in "default" or failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it. Under the Soldiers and Sailors Civil Relief Act, 50 UCS 521 a divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). This right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.
Serving an Active Military Spouse
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for an Arizona court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action. Residency and Filing Requirements
The typical military divorce filing requirements are as follows: - You or your spouse must reside in Arizona
- You or your spouse must be stationed in Arizona
Dividing the Property
Along with the normal Arizona property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) which governs how military retirement benefits are calculated and divided upon divorce. The USFSPA authorizes a direct payment of a portion of a military retiree’s pay to the former spouse. Federal law will not divide and distribute any of a military member’s retirement to a spouse unless they have been married 10 years or longer while the member was on active duty military.