Arizona Marriage Bill Extends the Time You Must Wait Before a Divorce
An AZ bill would extend the wait time between filing for and actually receiving a divorce from two to six months, but it is unsure if the law may actually save marriages and lower state costs.


March 10, 2010 /24-7PressRelease/ -- Arizona Marriage Bill Extends the Time You Must Wait Before a Divorce

Do Arizona newlyweds need more of a cooling off period before considering divorce?

State Representative Nancy Barto thinks so.

Under current Arizona law, a married couple must wait at least two months after filing for divorce to have a divorce decree granted, restoring each spouse to the status of a single person. Barto, a Republican, is currently sponsoring a bill which would increase the amount of time a couple must wait to six months. In early February, the bill passed committee in the House. A first step, it will still have to pass in both the House and Senate before becoming a law.

On her Web site, Barto gives three main reasons for extending the amount of time a couple must wait between filing for and receiving a divorce.
-It doesn't allow married couples to make a spur-of-the-moment decision to divorce. By taking away the "easy way out," Barto hopes that couples will reconsider their options and whether or not divorce is an answer to the problems they are facing.
-It is expensive to get divorced -- not just for those involved, but for the state as well. Arizona sees about 24,000 divorces a year, costing the public around $650 million annually. These costs are derived from both tax-funded social services that come into play during divorce, as well as the support given to low-income individuals. Divorces often leave both individuals with less money than before and many turn to programs such as Medicaid and welfare to make ends meet.
-Lastly, Barto points to the effect divorce can have on the children involved. Studies have shown that children from broken homes are more likely to end up in trouble at school, more likely to suffer from poverty and much more likely to commit a crime.

Response to the bill has been mixed. While there is no question divorce can be a costly decision for those involved, many have asked whether making couples wait really changes anything.

Opponents claim that making a married couple, who have already decided to divorce, stay together for four extra months could lead to even more bitterness in separation proceedings. More bitterness could lead to more highly contested divorces and, in the end, cost both those involved and state taxpayers even more money.

Plus, there are already options out there for saving money during divorce proceedings, which seems to be the main argument for Barto's bill. For example, flat-fee divorces allow couples to pay a single attorney fee for services rendered in divorce proceedings.

Flat-fee divorces save money in two ways:
-Couples spend less money getting divorced and, therefore, are less likely to require tax-funded subsidies like Medicaid, welfare and housing assistance.
-In a flat-fee divorce, couples are encouraged to come to the attorney with a plan of action for dividing property and managing child support and custody. This means that the couple spends less time in court and the process, as a whole, runs much more efficiently.

While Representative Barto's bill means well, it seems questionable whether it would do much more than pave the way for increased resentment and prolonged divorce battles. To learn more about this bill and how the proposed changes could affect you, if passed, speak to an experienced family law attorney in your area.

Further Related Resources:


Press Release Contact Information:

Findlaw PR