Divorce is an incredibly difficult decision that couples face when their relationship is no longer functioning. However, it is not uncommon for couples to rush into filing for divorce, only to realize later that they may have acted impulsively. If you find yourself in this situation, you may be wondering if it is possible to reconcile after filing for divorce in Arizona. In this article, we will explore the possibility of reconciliation in Arizona and discuss the legal aspects that couples should take into consideration.
Arizona Divorce Law: Filing for Divorce and Reconciliation
When it comes to divorce in Arizona, it is important to note that it is a no-fault divorce state. This means that filing for divorce does not necessarily require one spouse to prove that the other spouse is responsible for the breakdown of the marriage. Instead, a spouse can file for divorce based on the concept of irreconcilable differences, which generally refers to a marriage that is beyond salvaging.
Once a spouse files for divorce, the other spouse is served with divorce papers and is given a 20-day window to respond. It is crucial for the served spouse to respond within this timeframe. Failure to respond allows the filing spouse to request a default judgement from the court.
However, there is hope for reconciliation even after the filing process has begun. If couples can reconcile during the 20-day period after receiving the divorce papers, the spouse who initiated the filing can withdraw the petition for divorce. In situations where the respondent spouse has already responded to the papers, the couple can file a Joint Petition for Dissolution of Marriage, which entails requesting the dismissal of the case.
Legal Aspects of Reconciliation After Filing for Divorce
Should couples choose to reconcile after filing for divorce in Arizona, there are various legal aspects they need to consider.
Property Division
Arizona adopts community property laws when it comes to property division. This means that all assets and debts accumulated during the marriage are considered community property and are typically divided equally between the spouses. However, in cases where reconciliation occurs before the court finalizes the divorce, couples can agree to divide their property and debts differently than what the court initially intended. It is worth noting that once a final decree has been entered by the court, the property division cannot be altered.
Spousal Maintenance
Spousal maintenance, commonly known as alimony, is awarded to a spouse who requires financial support post-divorce. If reconciliation takes place after filing for divorce but before the court finalizes the process, the spouse who originally requested spousal maintenance can agree to waive this right. However, if the court has already entered a final decree, the spousal maintenance arrangement cannot be modified.
Child Custody and Support
Child custody and support arrangements are determined based on the best interests of the child. If couples reconcile after initiating divorce proceedings but before the final decree is issued, they have the ability to make alternative custody and support arrangements compared to what was initially requested in the divorce papers. However, if the court has already set a final custody order, any modifications to the arrangement will require the parents to demonstrate a substantial and continuing change in circumstances.
Working with a Divorce Attorney to Reconcile
If couples decide to reconcile after filing for divorce in Arizona, it is highly recommended that they seek the guidance of a divorce attorney. These legal professionals can offer valuable assistance in withdrawing the divorce petition, filing a Joint Petition for Dissolution of Marriage, and modifying any existing agreements or court orders. An attorney can also provide essential advice regarding the legal implications of reconciliation, such as property division, spousal maintenance, and child custody and support.
Conclusion
Although it may seem daunting, reconciliation after filing for divorce in Arizona is indeed possible. If couples can reconcile within the 20-day window after being served with divorce papers, the spouse who initiated the filing can withdraw the petition. Alternatively, if the respondent spouse has already responded, the couple can file a Joint Petition for Dissolution of Marriage to dismiss the case altogether. It is crucial for couples to seek the assistance of a divorce attorney to ensure that all legal aspects of reconciliation are considered and properly addressed. From property division to spousal maintenance and child custody and support, legal guidance will help navigate the complexities of the process.