Going through a divorce can be an incredibly challenging and stressful time for any married couple. The complexity of a dissolution of marriage only magnifies when there are children involved. Whether there is a chance for reconciliation or not, there are multiple options available for spouses who find themselves facing the end of a marriage. However, you do not have to face this alone.
At The Valley Law Group, we have decades of legal experience in handling various types of divorce cases in Phoenix and the surrounding areas. Our goal is to treat each client with the utmost compassion and diligence. Our team will work diligently to construct a personalized legal strategy that addresses our clients’ concerns, with the aim of securing a resolution that best fits the needs of the individuals and their families.
Ultimately, working with an attorney will allow both parties involved to begin moving forward with their lives. Let’s explore the numerous ways we can help you.
Are There Different Types of Divorce in Arizona?
When most people consider divorce, they imagine the traditional divorce that takes place in a courtroom and ends in a final ruling issued by a judge. However, there are many different types of divorce available to couples who are seeking to dissolve their marriage. It’s important to understand that every marriage and its surrounding circumstances are unique and require a personalized approach, which means that there is not a one-size-fits-all solution for the dissolution of a marriage.
Before embarking on the path of dissolving a marriage, it is crucial that you gain a detailed understanding of the various kinds of divorce and what differentiates one from another. That way, you can make a sound decision that protects your rights and secures an outcome that makes the most sense for your family.
What Are All the Different Types of Divorce?
When a couple is considering how to end their marriage, they have a variety of methods available to do so.
Here is a brief overview of the most common options:
- Uncontested Divorce – A couple agrees to end their marriage without resorting to litigation.
- Contested Divorce – The couple cannot work together to end their marriage, so they seek litigation to do so.
- No-Fault Divorce – Under this principle, no party must be proven to be at fault for the breakdown of marital relations. Arizona is a no-fault divorce state.
- Gray Divorce – This term refers to older couples who have been married for 20-30 years or more.
- LGBTQIA+ Divorce – Divorces involving couples of the LGBTQIA+ community may have unique legal issues to address, especially where child custody is involved.
- Summary Divorce – Under limited circumstances, a couple can quickly end their marriage through this measure.
- Default Divorce – The spouse who petitions for the divorce can receive a default judgment, granting them all they asked for in their petition if the other spouse doesn’t respond to the divorce petition.
- Collaborative Divorce – Spouses and their attorneys can work together to end the marriage without taking the case to court.
- Mediated Divorce – A third-party mediator helps the couple end the marriage, resolving all issues without litigating the divorce.
- Military Divorce – There are special rules in place for divorces involving military service members.
- Divorce Arbitration – The couple takes their divorce to an arbitrator, who will make a binding ruling on all the divorce matters, such as child custody and the division of property.
- High-Asset Divorce – There are additional complications in divorces involving wealthy individuals, who usually have large asset holdings or complex financial interests.
An experienced and knowledgeable attorney from The Valley Law Group can help you determine the most appropriate option for your divorce. Since it can be helpful to examine each of these divorce methods more closely, we have provided a detailed breakdown of the different types of divorce in Arizona:
Uncontested Divorce
An uncontested divorce can occur when a couple can amicably agree upon the terms of the divorce without needing to go to court to have a judge determine aspects such as child support, custody, or asset division.
This type of divorce is an attractive option because of its amicable nature. It is generally quicker and more cost-effective for couples who can work together, as it does not require steep attorney fees or frequent court appearances. However, this method of marital dissolution can only work if both parties are able to agree upon the terms completely, without requiring a divorce lawyer or mediation services.
Contested Divorce
A contested divorce is one where one or both spouses disagree on important terms of the divorce, such as asset and property division, child support, custody, or other related issues. These divorce cases require legal representation by divorce attorneys. Before the litigation phase of this divorce method can commence, spouses must participate in mandatory negotiation sessions, and each spouse should be represented by a divorce attorney. This process can often become quite contentious, given the disagreements on important terms.
A family court judge will issue a settlement agreement, should the spouses be unable to agree on terms. A contested divorce is generally one of the most expensive and time-consuming types of divorce because of the negotiation sessions and potentially lengthy court appearances, which can become highly stressful for both spouses.
No-Fault Divorce
A no-fault divorce allows for a spouse to legally file for divorce without a divorce lawyer or having to prove fault on the part of their partner, even if the other spouse is not in agreement and objects to the filing. No-fault divorces are commonly pursued when either spouse believes that the couple has irreconcilable differences and that the damage to their marriage is beyond repair.
The benefit of a no-fault divorce is that it allows the couple to retain the privacy of their relationship by not airing any grievances in open court before a judge. It also does not require either spouse to prove fault on the part of their partner as grounds for the divorce.
Gray Divorce
Gray divorce involves older couples, typically 50 years of age or older, that have been married for 20-30 years or more.
Given the more advanced age and stage of life of couples seeking a gray divorce, there are a handful of considerations that most younger couples are unlikely to face in the short-term, including:
- Retirement – Retirement accounts can have a significant role in the marital estate of older couples, as they may be subject to equitable distribution.
- Spousal Maintenance – Alimony can often have a larger role in gray divorces, given the longer duration of the marriage. Permanent spousal support or alimony may be awarded if one spouse is retired, disabled, or otherwise unable to maintain employment.
- Social Security – If a couple was married for more than 10 years, did not remarry, and is not eligible for a higher benefit amount on their own earning record, then an ex-spouse may be entitled to Social Security benefits based on the other spouse’s employment record.
Like other types of divorce, there are always a multitude of factors to consider when determining if a gray divorce describes your situation.
Some of those factors include, among others:
- Life insurance
- Estate plans
- Selling the family home
- Grandparent’s rights
- Caregiving
- Dependent costs
LGBTQIA+ Divorce
As LGBTQIA+ marriage is legally recognized throughout the United States, LGBTQIA+ couples possess all the same rights that heterosexual couples have.
Similarly to other types of divorce, LGBTQIA+ divorce involves the following elements that must be determined to create the divorce agreement:
- Property and asset division
- Debt division
- Child custody
- Child support
- Spousal maintenance or alimony
LGBTQIA+ divorce cases involve some unique concerns. If the couple lived together for an extended time before their legal marriage, that may complicate property division. Additionally, child custody may be harder to determine, especially if one partner is the biological parent and the other is not.
Summary Dissolution of Marriage
A summary dissolution of marriage works similarly to an uncontested divorce. It enables a couple to terminate their marriage without having to go to family court. This option is one of the fastest and least expensive divorce methods. However, it is only available to couples who have no children and do not have any significant community property or debts.
Some other elements can make summary dissolution of marriage an attractive option for childless couples who are seeking a divorce. Both spouses will agree to pay the court fees, and they can never request any spousal support from the other.
Default Divorce
A default divorce can be used when one spouse is unable to get in contact with the other spouse to serve them the petition for divorce. To do this, the filing spouse must prove that they have made every possible effort to locate their absent spouse. Many spouses find default divorce to be an attractive option because it allows for one spouse to file for divorce without having to disclose their financial information. It can also minimize their attorney and court fees by avoiding a trial.
However, if the previously absent spouse contests the divorce afterward, they may be able to get the court to overturn the judgment. The filing spouse may also lose out on potential spousal support, a property settlement, and other marital assets as well. That’s why it’s critical to speak with an experienced divorce lawyer to guide you through your options and help you decide which avenue is the best one for your individual circumstances.
Collaborative Divorce
An innovative alternative to traditional divorce, collaborative divorce requires both parties and their attorneys to sign an agreement stating that they will not take their issues to court. Designed to help both spouses reach a resolution amicably, the process eliminates the opportunity for one side to threaten to take the other to court unless their demands are met.
However, the collaborative process is intended to allow both parties to cooperate honestly and transparently with the mutual desire to reach an agreeable settlement successfully. Because of this, both parties typically become more inclined to honor the terms of the agreement without having to battle their issues out in court.
The collaborative team consists of:
- The spouses
- Each party’s attorney
- A neutral financial professional
- A mental health professional who acts as a coach
If the couple is unable to reach an equitable settlement, then their attorneys and the other involved professionals will be obligated to resign.
Although the process may move slowly at times, depending on the pace of the spouse who did not initiate the divorce proceedings, it is generally faster than taking a contested divorce to court. By avoiding court, there is often less stress associated with the entire process, along with less potential for hostility and added resentment.
Mediated Divorce
Mediated divorce is an alternative dispute resolution (ADR) process, similar to a collaborative divorce, that is intended to assist spouses in constructing their own divorce agreements. The spouses are joined by a neutral mediator, who is generally a lawyer or mental health professional, in mediation to work out the terms of the divorce amicably. That way, the couple can come to an agreement on their own without going to court and having a judge decide for them.
This is often a preferred method over litigation, as it can save considerable time, money, stress, and animosity between the couple. The process itself promotes cooperation and transparent communication to achieve a mutual agreement. However, even if the mediator is a lawyer, they are not allowed to provide the couple with any legal advice and must remain completely impartial.
It’s important to understand that mediated divorce is a voluntary process that allows for either party to back out at any time if they can’t agree on certain terms. Mediation is intended to promote a certain level of compromise from each side to reach a mutually agreed-upon settlement. If you cannot agree on all issues, mediation allows you to still reach an agreement on certain terms and then take the remaining issues to court, unlike collaborative divorce.
Military Divorce
Due to a variety of factors, a military divorce can be complicated. Active service members have legal protection against being held in default in a divorce proceeding. Furthermore, they may postpone any proceedings while on active duty and for up to 60 days following their return. However, they do have the right to waive their right to postpone and allow for a military divorce to proceed if they wish.
It can become even more complicated when children are involved, as the military has special rules concerning child support, child custody, and spousal support. Certain assets, such as medical benefits and pensions, are governed by federal laws, which can complicate matters even further. Additional obstacles concerning the family dynamics of military couples with children can also apply, as many service members are subject to frequent deployments. In many cases, child custody and support terms will often have an even larger role in the determination of the final divorce agreement.
A service member’s spouse may be deemed eligible to continue receiving full military medical benefits as long as any of the following conditions apply:
- The marriage lasted 20 or more years.
- The service member served for 20 or more years.
- The marriage and the spouse’s military service overlapped for at least 20 years.
Given the many elements and potential complications that come with a military divorce, it is imperative that you contact a reputable military divorce lawyer to guide you through all the options available to you. They can help you decide on the path to divorce or separation that is in the best interests of your children and family.
Divorce Arbitration
Like mediation, divorce arbitration is a private process handled outside the courts. It involves a neutral third party called an arbitrator. The arbitrator is typically an impartial family lawyer or retired judge who will make the final decision regarding the terms of the divorce agreement. Arbitration is intended to give both parties the opportunity to make their case and participate in reaching an equitable settlement. However, the final decision made by the arbitrator is legally binding, even if it may seem undesirable to either party.
Overall, divorce arbitration typically saves both time and money by being speedier than litigation. It also allows both parties to reach a confidential agreement without going to court. The biggest risk in arbitration is the binding nature of the arbitrator’s decision, especially if it appears to lack objectivity.
High-Net-Worth Divorce
Divorce involving high-net-worth individuals with substantial assets and property can be more complicated than traditional divorces with minimal marital assets. In general, high-net-worth divorces are defined as divorces that involve assets worth more than $1 million, excluding the couple’s primary residence.
Some of the property and assets that are commonly involved in a high-net-worth divorce include the following:
- Secondary homes or vacation properties
- Trusts
- Certain retirement accounts
- Real estate investments, investment portfolios, and other business interests
- Stock options
- High-end vehicles, jewelry, and valuable artwork
It’s worth noting that when dividing assets, any property that is acquired during the marriage is presumed to be community property and must be divided equally between the spouses. If any property was owned prior to the marriage or was acquired by inheritance, then that property would not be subject to division in Arizona.
What Are Some Alternatives to Divorce?
Divorce is not always the right path for every couple. Fortunately, there are multiple alternatives that can provide many of the same benefits of divorce while also providing additional freedoms and flexibility that are otherwise impossible in a legal divorce. Here are some of the most common divorce alternatives that may be available to Arizona couples:
Annulment
Unlike a divorce, which effectively ends a marriage, an annulment legally voids a marriage and renders it. To have your marriage annulled, you must prove you have grounds for annulment that are deemed acceptable by the state. This requirement can often make getting your marriage annulled far more difficult to achieve than a no-fault divorce.
Here are some of the more common grounds for an annulment:
- Age – If one or both of the spouses were too young to legally marry in the first place, the spouses have grounds for annulment.
- Forced Consent – If one or both spouses were under mental or emotional duress at the time of the marriage, they can annul their marriage.
- Bigamy – When one or both spouses are already legally married to another person at the time of the wedding, they cannot legally be in another marriage.
- Fraud – If one spouse was suffering from an incurable illness, addiction, alcoholism, or bankruptcy, or they were maintaining an affair during the time of the wedding and failed to disclose any of this information to their partner prior to the marriage, their spouse can get the marriage annulled due to that fraudulent activity.
- Incest – If the spouses are close blood relatives, then a marriage can be annulled.
- Impotence – This ground may be used if you were unaware of your partner’s inability to consummate the marriage prior to getting married.
- Lacking the Mental Capacity to Consent – If either party had their mental capacity severely reduced due to a serious mental illness, accident, developmental disability, or being intoxicated at the time of the marriage, it would affect their capacity to provide consent.
In the end, an annulment renders the marriage null and void, as if it never existed, which can be the right option for some couples. However, because you must prove fault based on grounds deemed acceptable by Arizona law, you may also be forfeiting any rights to receive alimony payments or any property acquired during the marriage. That’s why it is always recommended that you speak with an experienced divorce attorney to go over the options that work best for your unique circumstances.
Legal Separation
A legal separation is a rather common alternative to divorce. It effectively suspends the marriage and affords the spouses many of the same advantages as divorce. Legal separation also involves many of the same issues of a divorce, such as deciding on asset division, child support, alimony, and custody agreements. One of the partners must also move into their own separate residence. However, it provides the potential for reconciliation later, should circumstances change.
This is an attractive option for many couples who have children and wish to live independent lives separate from each other, without severing the relationship completely. Separated spouses may also still share health and other retirement benefits. However, they are not allowed to remarry while legally separated.
As it does not have the finality of a divorce, legal separation is relatively easy to retract, should the couple change their minds at any point. It also can set a solid framework for a divorce agreement if they wish to move in that direction later.
Order Enforcement
An order enforcement is an official court order mandating that an individual or organization comply with a given law or regulation. The court order must be clear and specific enough to adequately inform the enforced party of what they need to do to comply. If the order is not clear, then the requesting party will need to ask the court for further clarification or to provide a more specific order.
In divorce, court orders will be issued regarding the major divorce issues, like child custody and spousal maintenance. These court orders will require the involved parties to comply, and they are legally enforceable if a party disregards or disobeys them.
Property and Debt Division
Arizona is a community property state, which means that married couples seeking a divorce are required by law to equally split all assets and property that they acquired during the course of their marriage. Community property laws were designed with the intent of reducing lengthy litigation during the division of marital property and assets. They also help minimize potential contention and animosity during contested divorce cases. Any debts acquired throughout the course of the marriage are also subject to equitable division, as they are considered part of the marital estate.
Qualified Domestic Relations Orders
A Qualified Domestic Relations Order (QDRO) is a court-approved judgment that allows for an individual’s retirement plan to pay benefits to a spouse, ex-spouse, child, or other dependent. QDROs are generally used to divide marital assets like pensions, 401(k)s, IRAs, and other retirement accounts. These funds can be used to pay court-ordered allotments like child support and spousal maintenance or may be used to ensure the equitable division of assets.
Spousal Maintenance
Commonly known as alimony, spousal maintenance consists of monetary payments from one spouse to their ex-spouse following a divorce or legal separation. The objective of spousal maintenance is to enable a lesser-earning spouse to maintain a standard of living similar to that experienced during the marriage. Spousal support can be established either on a permanent or temporary basis, depending on various elements of the marriage, including the financial requirements of the spouses involved.
Consult a Reputable Arizona Family Law Firm
You may be looking for a traditional divorce and the independence to live your own separate lives but are not quite ready to finalize a divorce. Perhaps you are seeking to completely void your marriage altogether. No matter the situation, there is a legal pathway available to you.
Regardless of the type of divorce or separation you wish to pursue, it’s paramount to the interests of your family and the final outcome that you are seeking, to consult a trustworthy family lawyer with direct experience in handling divorce cases in Arizona. They can educate and guide you through the various options at your disposal so that you can reach as equitable of a settlement with your partner as possible.
At The Valley Law Group, our team of experienced family law attorneys is here to help you navigate the various legal options and divorce proceedings, all while ensuring that your rights are continuously upheld to the fullest extent of the law. Our meticulous attention to detail guides our compassion and commitment to our clients. We are here to assist you and your family with a personalized legal strategy to achieve the resolution that’s right for you.
Contact our team today to schedule a consultation and learn more about how we can help you.
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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