{"id":6440,"date":"2020-08-13T16:03:52","date_gmt":"2020-08-13T23:03:52","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?p=6440"},"modified":"2024-11-13T16:53:18","modified_gmt":"2024-11-13T23:53:18","slug":"want-to-leave-my-spouse-with-child","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/want-to-leave-my-spouse-with-child\/","title":{"rendered":"I Want to Leave My Spouse in Arizona But We Have a Child"},"content":{"rendered":"

The sad truth is that not every marriage works out. Regardless of the circumstances, leaving your spouse can be a stressful proposition. However, if you have minor children, the decision is especially fraught. Along with worrying about the effect the divorce will have on them, you may be fielding requests from well-meaning friends and family to \u201cstay together for the kids.\u201d<\/p>\n

Additionally, you are likely dealing with fears surrounding parenting time, visitation, child support, and more. This articles explains how the divorce process works in Arizona and learn what steps to take before dissolving your marriage.<\/p>\n

How to Get Divorced in Arizona<\/h2>\n

Arizona has strict laws surrounding marriage dissolution. In order to file for divorce<\/a>, both you and your ex first have to reside in the state for a minimum of 90 days. If you have not yet been in the state for 90 days, you will have to wait until the requirements are met to file. Additionally, children have to be living in Arizona primarily for a period of six months before the courts can rule on parenting time or child support.<\/p>\n

Divorces in Arizona are either contested or uncontested. With a contested divorce, couples disagree on fundamental issues surrounding the way the marriage is dissolved. On the other hand, in an uncontested divorce, couples agree on how the marriage will be terminated.<\/p>\n

If you and your spouse file an uncontested divorce, you get to make decisions on your own and not worry about the judge ruling on your parenting time and custody. With a contested divorce, you expect to attend court hearings and spend time in front of a judge.<\/p>\n

How to Pay for Your Divorce<\/h2>\n

Money is often a concern in divorce cases. After all, the legal process isn\u2019t free, and if you\u2019re thinking of leaving your spouse, you might be wondering how to pay for an attorney. The good news is that the court may opt to award attorneys\u2019 fees against one party.<\/p>\n

Most often this happens when a petition is filed for improper purposes or with the goal of increasing litigation costs. Additionally, attorneys\u2019 fees may be awarded in the event that a significant disparity exists between the respective parties\u2019 incomes.<\/p>\n

How Custody Is Decided<\/h2>\n

If you have minor children, one of your greatest concerns when deciding to leave your spouse is likely what will happen to them after the divorce. As of 2013, Arizona passed Law SB1127<\/a>, which replaced the word custody with the term \u201clegal decision-making.\u201d<\/p>\n

Courts generally try to award decision-making rights to both parents. However, circumstances may arise in which one parent gets primary authority. Here are some of the issues that affect the way a court rules on legal decision-making:<\/p>\n