SIMPLE TRUTHS ABOUT NO FAULT ARIZONA DIVORCE
The online Merriam-Webster Dictionary defines simple as “having few parts: not complex or fancy”. Is there any chance that you could have an uncomplicated divorce? The answer depends on several factors: the length of the marriage, the extent of property, and whether or not you have children. It’s a numbers game: the lower the numbers, the less complicated the divorce, and vice versa. How Long Were You Married? Remember your Grandma said ‘marry in haste, repent at leisure”?
You rushed into marriage and a year or so later, realized that it was a mistake. Since your marriage is of short duration, it’s less likely that you and your spouse purchased property together, or made major contributions to each other’s business or education. There wasn’t enough time to make lasting financial commitments to each other. Arizona is a community property state.
That means property becomes community property, and is divided equally between divorcing spouses unless: • One spouse owned it before the marriage • It was inherited by a spouse • Given as a gift to a spouse. When you want an uncontested and uncomplicated divorce, you have a much better chance of getting it if you were only married for a short period of time. The less time you spent together, the less likely you were to accumulate community property. Neither of you had the time to make these transactions. People are less likely to share their income with a partner until they know and trust each other, and trust does not happen overnight.
The length of the marriage can be a factor in determining spousal support. Suppose you were married for 8 months, and decide to get a divorce. In 8 months, it’s less likely that your partner has a significant claim for giving up a career to support yours. Since they were only out of the job market for a few months, re-entering the workforce should be fairly easy. Even if the court awarded them spousal support, it’s not likely to be for a long period, and you can petition the court to have the award reduced or eliminated once your ex gets another job. Look at the other side. The longer you remained married, the more likely you were to accumulate property, and other obligations, such as a home and mortgage, a car loan for a family car, or recreational vehicles. Shared property adds complexity to any divorce.
But it’s a No-Fault Divorce
Never assume that a no fault divorce is a simple divorce. All it means is that the person who initiates the divorce (called the Petitioner) does not have to prove the Respondent (spouse receiving divorce petition) was at fault. It does not mean that you get a free pass on divorce litigation. If you and your spouse owned property, it has to be classified as either separate or community property, and community property then has to be divided between the divorcing parties. You can simplify your divorce by hiring a lawyer who works with a mediator. They help negotiate a settlement which will save you both time, stress and money.