Divorce is an emotionally and financially draining process for anyone involved. However, when your spouse lives out of state in Arizona, the process can seem even more complicated and overwhelming. Fortunately, there are steps that you can take to ensure that the divorce process goes as smoothly as possible. This article will outline everything you need to know about getting a divorce when your spouse lives out of state in Arizona.
Understanding Divorce Laws In Arizona
Before you begin the divorce process, it’s essential to have a basic understanding of Arizona divorce laws. Arizona is a no-fault state, meaning that you don’t have to prove your spouse was at fault for the divorce. Arizona law requires that you or your spouse must have been a resident of Arizona for a minimum of 90 days before filing for divorce. If your spouse lives out of state, they may still be considered a resident of Arizona if they have a legal domicile (e.g., own property or maintain a residence in the state).
Hire An Experienced Divorce Lawyer
If your spouse lives out of state, it’s imperative to hire an experienced divorce lawyer who can handle your case. A divorce lawyer who understands the complexities of interstate divorce cases can ensure that all legal requirements are met and that your rights are protected. Additionally, your lawyer will be able to advise you on the best course of action for your specific situation.
Determine Jurisdiction
Jurisdiction refers to the court’s power to hear and decide on a case. When it comes to divorce, jurisdiction is determined by the location of the parties involved. If your spouse lives out of state, you will need to determine which court has jurisdiction over your case. Generally, a divorce case should be filed in the county where the plaintiff (the spouse filing for divorce) lives or where the defendant (the other spouse) can be served.
Serve Your Spouse With Divorce Papers
Serving your spouse with divorce papers can be a complicated process, especially when they live out of state. Under Arizona law, your spouse must be personally served with the divorce papers. This means that you cannot simply mail the papers to your spouse’s address. If your spouse lives out of state, you will need to find a process server in their state who can serve the papers on your behalf. Your divorce lawyer can help guide you through this process.
Negotiate The Terms Of The Divorce
After your spouse has been served with the divorce papers, negotiations will begin. The negotiations will focus on the terms of the divorce, including property division, child custody, and spousal support. If you and your spouse are unable to reach an agreement, the case may go to trial. However, if an agreement can be reached, your divorce lawyer will draft a settlement agreement that outlines the terms of the divorce.
Attend Court Hearings
If your divorce case goes to trial, you will need to attend court hearings. In some cases, you may be able to attend hearings remotely via phone or video conference. However, if your presence is required in court, you will need to travel to Arizona to attend the hearing. Your divorce lawyer will be able to advise you on which hearings require your attendance.
Finalize The Divorce
Once all negotiations and court hearings have been completed, the divorce can be finalized. The divorce will be finalized when the court signs the final divorce decree. A copy of the final decree will be sent to both parties.
Conclusion
Divorce is never an easy process, but it can become even more complicated when your spouse lives out of state in Arizona. However, by hiring an experienced divorce lawyer, understanding Arizona divorce laws, and following the appropriate legal procedures, you can move through the divorce process as smoothly as possible. Remember, every divorce case is unique, and what works for one person may not work for another. It’s essential to work closely with your divorce lawyer and follow their advice throughout the entire process.