Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In Arizona, individuals contemplating the end of their marriage have several options to consider. Divorce, known legally as 'dissolution of marriage,' is a common route, allowing the parties to legally terminate their marriage. Before filing for divorce, Arizona law requires that at least one of the spouses must have been domiciled in the state for 90 days. Marriage counseling is often considered before proceeding with a divorce and may be required by the court in some cases if there are minor children involved. Legal separation is another option recognized in Arizona, which allows couples to live apart and divide their assets without formally ending the marriage; this can be beneficial for those with religious or financial reasons for avoiding divorce. Annulment is available under limited circumstances where the marriage is considered void or voidable due to reasons such as fraud, incapacity, or coercion, effectively declaring the marriage invalid from the beginning. Lastly, living apart without any formal legal process is also a choice for couples, but it is important to note that this does not legally end the marriage and may have implications for property rights and financial responsibilities. Each of these alternatives has different legal and financial consequences, and consulting with an attorney to understand the implications is advisable.