Legal Actions

In order to make your spouse accept the initial petition for dissolution, you may consider the use of a process server in order to dispense with the need for their signature. If the divorce is uncontested but your spouse for some reason refuses to sign the final settlement order, you will have to present an affidavit to the court to prove that the divorce papers were served. You will also need to provide proof that your spouse did not respond to the petition in the number of days that they had to respond. The divorce will then have to be adjudicated by a judge in order to dispense with their need for a signature. 

Things are slightly more complex if you entered a covenant marriage in Arizona. Dissolving a covenant marriage is by statute more restrictive than the dissolution of a traditional marriage. If the spouse does not consent to a divorce, you’ll have to meet one of the statutory grounds for divorce for one to be granted. In most cases, barring other evidence (abuse, abandonment, adultery, etc.), this may require living apart from your spouse for a period of two years before an Arizona judge will grant the divorce without the signature or consent of your spouse. You should speak with an experienced attorney when deciding whether to obtain your divorce using this method if you are in a covenant marriage. 

Steps You Can Take

Along with legal remedies, there are some steps that you can take when your spouse won’t consent to the dissolution of marriage.

1. It’s important not to blame your spouse. Some people don’t readily acclimate to the idea that their marriage is ending and may react emotionally. It’s important that you remain calm, but firm if that is your choice, in order to get your spouse to come around. 
2. Give your spouse time to process. It may take your spouse some time to process that fact that you want a divorce. Be patient and willing to answer any questions if they ask. 
3. File your paperwork correctly the first time. A spouse may take advantage of the fact that your paperwork was improperly filed in order to further hold up the process. 
4. It’s vital that you attend and maintain your composure for all mediation sessions between you and your spouse. If your spouse sees that you are trying to work with them, they will be much less likely to resist the process. Talk about ways that this can benefit your spouse. 
5. Create a plan with your spouse for separation of possessions, partial custody, etc. Creating a plan that works for both you and your spouse will help them see that you have their best interest in mind. 

Before you make any decisions regarding divorce, an experienced divorce attorney can help you navigate this difficult and emotional experience, tailoring to your specific needs. Simon Law Group has attorneys with more than 30 years of experience who can help you come out of the other side of your divorce experience. Contact our attorneys today for a consultation.

What is a Divorce?

A divorce is the most common means of dissolving a marital union, and the only option that will apply to the vast majority of couple. Arizona is a “no-fault” divorce state, meaning the spouse taking the action doesn’t have to prove that the other spouse has broken the marriage. The divorce can happen even if only one spouse desires a divorce. 

In 1988 the legislature established another type of marriage, a covenant marriage. The couple comes into a covenant that they will not divorce. This results in higher standards if a spouse within a covenant marriage desires a divorce. Some grounds for fault include but are not limited to:

• Abuse in the marriage

• One spouse has abandoned the marriage and/or the children involved

• A spouse has been convicted of a felony

• Adultery in the marriage

Unless one is in a covenant marriage, where the grounds for divorce are limited, Arizona does allow for divorce without either party admitting to fault in the breakdown of the marriage. 

The parties can legally remarry as soon as the divorce judgment is rendered by a superior court, though they must present their divorce decree to prove their eligibility to remarry. 

What is an Annulment? 

Annulment on the other hand declares that a bona fide marriage never existed in the first place, generally due to some impediment at the time of marriage that would have prevented it from happening on a legal or interpersonal ground. An annulment voids the marriage from the moment it was contracted. Some of the examples of grounds for annulment in Arizona include: 

• One or both parties were already married to someone else

• The parties are related by blood to a degree prohibited by law

• One person was a minor and did not get parental consent at the time of the marriage

• Lack of mental capacity to contract a marriage

• Intoxication at the time of marriage

• Lack of intent to enter a marriage contract

• Failure to obtain a marriage license

• Marriage by proxy

• One party used fraud to get the other’s consent to marry

• Marriage under duress (forced marriage)

• The parties have not consummated their marriage, or one party refuses to do so

• Religious misrepresentation

• Concealment of prior marital statuses

• Plans to evade a prenuptial agreement on the part of one or both parties

Is Filing for an Annulment the same as Divorce? 

Assuming the couple has no children and is not in a covenant marriage, the process for filing for an annulment in Arizona is much the same as it is for filing for an at-fault divorce. The parties must file the appropriate forms with the superior court, check off one or more grounds for an annulment, and provide sufficient evidence to support their claims. 

Once all the appropriate paperwork and fees are filed with the court, a judge will decide as to whether a valid marriage exists, and if an annulment should be granted. 

Before filing for an annulment or a divorce, consult with an attorney here at Simon Law Group so they can help you with making these important decisions. Contact us today for a free consult!