How to File for a Divorce in Tucson

Realizing that you need to divorce your spouse can be stressful, exhausting, and emotionally draining; a divorce entails preparing mounds of paperwork, and the impending visit to court can make things even worse. If children and/or assets are involved, this process becomes longer and requires more paperwork and court visits. However, the divorce process doesn’t have to be this draining and burdensome if you enlist the help of a well-trained divorce attorney. The law office of Elkins & Associates has helped many other spouses, such as yourself, in the Tucson area get their divorces resolved in a quick and easy manner – without all of the extra hassle.

We can help you settle any disputes with child custody, child support, and any division of assets. We can streamline the divorce process and get it resolved as quickly as possible. We handle each case with compassion and understanding and treat each client with the respect that they deserve.

How Much Does a Divorce Cost in Tucson?

Compared to other states, a divorce in Tucson, Arizona is inexpensive. To start the divorce process, the spouse who wants the divorce would have to file a petition through their local branch of the Arizona Superior Court at which point there would be an initial fee of $216 to submit – additional fees may apply depending on your county. In Arizona, you are not allowed to serve your spouse directly with the divorce papers; instead, you must enlist the help of the  sheriff’s office or a private process server, which would also warrant an additional fee. If for any reason you are unable to afford to pay these fees, you can submit a waiver for the filing fee to the court and to the sheriff’s office, however, this can’t be done if you use a process server.

When preparing the document to submit to your spouse, you would need to detail such issues as child support, visitation, alimony, and division of assets. If the other spouse decides to protest the petition, they would have to file a formal response which would incur another fee. In high conflict cases, it is advised that you hire an experienced divorce lawyer who is trained in divorce mediation. Although this would also require additional funds, it is highly recommended if your case will need to go to court often and if your case presents complex and difficult issues.

Uncontested Divorce Law Firm in Tucson

There are two different types of divorce that one one can get in Tucson – a contested divorce or an uncontested divorce. An uncontested divorce is the best route that a married couple can take to get divorced. Spouses can file for an uncontested divorce if there is a mutual agreement and no disagreements regarding the terms of divorce. In order to qualify for an uncontested divorce, spouses must agree upon:

  • There is no possible way of repairing the marriage.
  • The way to divide property and assets.
  • Who will pay for alimony and how much, if applicable.

If children are involved, this will include:

  • Who will have legal custody of the children – the custodial parent.
  • When and for how long the children will visit with the other parent – the noncustodial parent.
  • The terms of child support and how much will be paid.

Filing an uncontested divorce is the cheapest and simplest way to get a divorce. It doesn’t involve mediation, arguments in court, etc. In order to get a divorce in Arizona, one of you has to have lived in Arizona for at least 90 days and if there are children, they have to have lived in Arizona for at least 6 months.

The Family Law Attorneys at Elkins & Associates serve clients in the Tucson area

Filing for a divorce can be a lengthy process that can be emotionally challenging for the spouses as well as the children, if there are any. It involves filling out divorce forms, paying for divorce fees, and possibly going to family court. If you are lucky enough to agree on all conditions of your divorce with your spouse, then you would file an uncontested divorce. A divorce doesn’t have to be difficult or stressful as long as you consult with an experienced family law attorney who can evaluate your case, help you fill out the divorce papers, and represent you and your family’s best interests in court.

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Elkins & Associates PLLC
4771 East Camp Lowell Drive
Tucson, AZ 85712
(520) 219-4040