Navigating Divorce and Domestic Partnerships in Arizona
Going through a divorce can be an emotionally turbulent and legally complex process, and more questions arise if the parties wanting to divorce are in a domestic partnership. In Arizona, it’s crucial to understand the laws and regulations surrounding these matters to protect your rights and interests.
This guide aims to provide a helpful overview of divorce and domestic partnerships in the state, equipping you with the knowledge you need to make informed decisions. If you need legal assistance for your specific situation, don’t hesitate to reach out to us at Goldman Law.
Understanding Divorce in Arizona
Arizona is a no-fault divorce state, which means that neither spouse has to prove anyone’s wrongdoing to obtain a divorce. The only requirement is for one party to state that the marriage is “irretrievably broken” or that there are irreconcilable differences. However, the process of dissolving a marriage involves several crucial steps and considerations.
To file for divorce in Arizona, either you or your spouse must have been a resident of the state for at least 90 days before filing the petition. This residency requirement ensures that the Arizona courts have jurisdiction over your case.
The one exception to the no-fault divorce process is a covenant marriage. If you entered into a covenant marriage, which imposes additional requirements, you may need to prove specific grounds, such as adultery, abandonment, or felony conviction.
Understanding Domestic Partnerships in Arizona
While same-sex marriage is now legal in Arizona and across the United States, domestic partnerships remain an option for couples who choose not to marry. However, it’s important to understand the limitations and implications of domestic partnerships in the state.
In Arizona, some municipalities, such as Phoenix and Tucson, allow unmarried couples to register their domestic partnerships. To be eligible, both partners must meet certain criteria, including:
- Being at least 18 years old
- Sharing a common residence
- Being in a committed relationship and responsible for each other’s welfare
- Not being married or part of another domestic partnership.
The registration process typically involves filing a declaration of domestic partnership and paying a fee.
Domestic partnerships in Arizona offer limited rights and responsibilities compared to marriage. In Phoenix, for example, the sole benefit granted by the ordinance is the right to visitation with a domestic partner in any healthcare facility located within the city limits. Domestic partnerships in Arizona do not confer the same legal rights and protections as marriage, such as community property rights, inheritance rights, or the ability to file joint tax returns.
Can I Get Divorced from a Domestic Partnership in Arizona?
No, you cannot get a legal “divorce” from a domestic partnership in Arizona, since the state does not recognize domestic partnerships as the equivalent of marriage. To dissolve a domestic partnership, you need only to file the termination notice with the city, not go through divorce proceedings in court.
The key difference is that a divorce is a formal legal proceeding to terminate a state-recognized marriage, while domestic partnership termination is an administrative process of filing paperwork with the municipality that recorded the partnership. Divorce addresses legal issues like division of assets and spousal support that domestic partnership terminations do not cover.
How is Terminating a Domestic Partnership Different from Getting a Divorce?
Terminating a domestic partnership is generally much simpler and has fewer legal requirements compared to getting divorced from a marriage:
- There is no formal court process or need to prove grounds for termination of a domestic partnership. Just filing the termination paperwork is sufficient.
- Domestic partnership terminations do not involve court proceedings to divide assets and debts or to determine spousal support like divorces do.
- Divorces have residency requirements, mandatory waiting periods, and more complex procedures that domestic partnership terminations avoid.
However, if the domestic partners have children together, additional legal steps may be required regarding child custody, visitation, and child support, similar to a divorce proceeding.
How Do I Terminate a Domestic Partnership in Arizona?
In Arizona, domestic partnerships are not recognized at the state level, but some municipalities like Phoenix and Tucson allow couples to register domestic partnerships. The process for terminating a registered domestic partnership varies by city:
In Phoenix:
- One or both partners must file a notarized Notice of Termination of Domestic Partnership with the City Clerk Department. The City currently requires no fee for this.
- Termination becomes effective upon filing the notice.
In Tucson:
- One partner completes a short termination statement supplied by the city and has it notarized. This document will also state the effective date of the termination.
- Only one partner’s signature is required to terminate the partnership.
- Return the termination statement along with a processing fee to the city.
Seeking Legal Assistance for the Termination of Your Domestic Partnership? Let Goldman Law Help.
Navigating the complexities of divorce and domestic partnerships can be challenging, and it’s advisable to seek the guidance of an experienced family law attorney. At Goldman Law, LLC, our team of skilled attorneys is dedicated to protecting your rights and interests throughout the process. With over 25 years of combined experience in family law and divorce cases, we have garnered the highest ratings and recognition from various law bodies and clients.
Our attorneys will provide you with personalized attention, constant progress updates, and honest feedback on the strength of your case and your best options moving forward. Don’t hesitate to schedule a consultation with one of our attorneys by calling (602) 698-5520.
