Arizona Divorce Law Summary

About This Article

To better understand the Arizona divorce law process, this article covers the primary divorce laws and rules that govern the divorce process in Arizona and includes summary discussions on the following areas of Arizona divorce law:

• Divorce Residency Requirements
• Legal Grounds for Divorce
• How Property is Divided
• How Child Custody is Divided
• How Child Support is Determined
• Requirements for Legal Separation
• Divorce Mediation
• Name Change Request

Introduction

Divorce is often described as an emotionally charged life-changing process. The legal complexities, emotional strain, and financial worries can impact your emotional well-being and adversely affect your physical health.

But did you know that divorced people have a shorter life span than married people? 

It’s true. People who have gone through a divorce are much more likely to die early than people who are married. Forbes.com reports U.S. mortality rates of 1,362 per 1,000 for divorcees compared with 779 per 1,000 for married couples.

Divorce Can Be  Overwhelming 

The divorce process can feel overwhelming for those unfamiliar with the laws and rules governing the divorce process. However, one way to reduce your stress and anxiety is to know what to expect and the types of decisions you will need to make before you actually file for divorce.

Understanding what’s to come reduces confusion and the fear of losing control of your future, which triggers increasing levels of stress and anxiety. Turning the unknown into the known increases predictability, giving you the time to make informed and well-considered choices.

This article will help you be prepared and understand Arizona’s divorce laws and the legal concepts behind them.

Here, you will learn the legal principles behind the divorce process, including the division of marital assets, the determination of child custody, and the calculation of spousal support.

Understanding the legal process will increase your confidence, reduce stress, and hopefully improve your mortality rate.

It will also allow you to make more informed decisions concerning your post-divorce future.

We begin by learning about what Arizona considers lawful grounds for divorce.

Grounds for Divorce in Arizona

No-Fault Means No Blame

Arizona primarily follows a “no-fault” divorce policy. This means that the spouse filing for divorce does not need to prove any wrongdoing by the other spouse.

Here are the main grounds for divorce in Arizona:

No-Fault Divorce

In Arizona, the primary ground for divorce is the legal assertion that the marriage has broken down beyond repair and that there is no reasonable prospect of reconciliation. One spouse’s statement that the marriage is irretrievably broken is sufficient grounds to dissolve it.

Covenant Marriage  (Fault-Based Divorce)

Arizona also recognizes a form of marriage known as a “covenant marriage. A covenant marriage is a legally distinct type of marriage available in a few U.S. states, including Arizona, that imposes more stringent requirements for entering into and dissolving the marriage.

Covenant Marriage laws are intended to strengthen the commitment between spouses and reduce the likelihood of divorce.

Suppose a couple has entered into a covenant marriage. In that case, the grounds for divorce must meet one of the following fault-based criteria:

• The spouse has committed adultery.
• The spouse is a convicted felon and sentenced to prison.
• The spouse has abandoned the other for at least one year.
• The spouse has physically or sexually abused the other spouse or their children.
• The spouse habitually abuses drugs or alcohol.
• The spouses have been living separately and apart continuously without reconciliation for at least two years or at least one year from the date of their legal separation.

Legal Tip

Physically and Emotionally Abusive Spouse: Should you be a victim of such abuse, you can request the court to issue a restraining order against your spouse

How Property is Divided in Arizona

Dividing assets and property can quickly grow contentious as both parties may have different views on what is fair.

In Arizona, property division at the time of divorce is governed by the principles of community property law.

The difference between community property and separate property is based on when the property was acquired by the spouses and is explained as follows:

• Property acquired during the marriage is considered community property, meaning it is jointly owned by both spouses and will and, in most cases, will be divided equally upon divorce.
• Property acquired before the marriage remains the spouse’s separate property and is not subject to division at divorce.

Community Property

This can include income earned by either spouse, real estate purchased during the marriage, vehicles, furniture, and other tangible assets, as well as debts such as credit card balances and loans incurred during the marriage.

Separate Property

Separate Property includes assets and debts that one spouse owned before the marriage and gifts and inheritances received by one spouse during the marriage.

Factors Influencing Property Division

While Arizona law generally mandates an equal division of community property, several factors can influence how property is divided:

• Agreements Between Spouses: If the spouses have a valid and legally enforceable prenuptial or postnuptial agreement that outlines how property should be divided.
• Commingling of Assets: If a separate property has been commingled with community property to the extent that it cannot be easily traced and identified, it may be considered community property and subject to equal division.
• Wasteful Treatment of Assets: If one spouse has wasted or frivolously spent marital assets, the court may award the other spouse a larger share of the property.
• Business Interests: The court may consider factors such as the value of the business, each spouse’s contribution to the industry, and whether the business was started before or during the marriage.
• Retirement Accounts and Pensions: Retirement accounts and pensions earned during the marriage are considered community property and are subject to division.

Legal Tip

Debts of Spouses: Just as assets are divided, so are debts. Community debts are divided equally, while separate debts remain the responsibility of the spouse that incurred them. The court will consider the nature of the debt and when it was incurred to determine its classification. No matter how unfair you think the process is, you should never resort to hiding property from the court.

Residency Requirements

To be legally eligible to file for divorce in Arizona, you or your spouse must have lived in the state for at least 90 days before filing court forms to dissolve your marriage.

Legal Tip

Residency Requirements For Military Personnel: Military members will be considered to have met Arizona’s residency requirements if they were stationed in Arizona continuously for at least 90 days before initiating divorce proceedings.

Watch Arizona Divorce Attorney Billie Tarascio discuss Arizona divorce laws:

How Child Custody is Divided in Arizona

Child custody and visitation arrangements can complicate the divorce process, as parents may struggle to agree on what is best for their children. The courts encourage parents to develop a parenting plan that works for the children and the parents.

In Arizona, child custody is always determined within the child’s best interests.

Types of Custody

The following explains how child custody is divided among parents in Arizona:

Legal decision-making refers to the authority to make major decisions about the child’s life, including education, health care, religious upbringing, and personal care.

Sole legal decision-making means one parent has the exclusive legal right to make major decisions for the child.

Joint legal decision-making means both parents share the responsibility and must collaborate on major decisions.

Types of Parenting Time

Parenting time, also known as physical custody, refers to the schedule of when each parent will spend time with the child.

Primary Residence means the child primarily lives with one parent while the other parent has scheduled parenting time.

Equal Parenting Time means the child spends approximately an equal amount of time with each parent.

Factors Considered in Determining Custody Custody

Arizona courts prioritize the child’s best interests when making custody decisions.

Factors that the court considers include:

• The child’s preference may be considered, especially if the child is of sufficient age and maturity.
• Each parent’s preference regarding legal decision-making and parenting time.
• The nature and quality of the relationship between the child and each parent.
• The child’s adjustment to home, school, and community.
• The mental and physical health of all individuals involved.
• Any history of domestic violence or child abuse by either parent.
• Each parent’s willingness and ability to cooperate with the other.
• Whether one parent has been the primary caretaker of the child.
• Whether either parent has made false reports of child abuse or neglect.
• Whether either spouse has engaged in parental alienation of the other spouse.
• Any issues with chronic drug or alcohol abuse by either parent.

Parents Should Develop a Mutually Agreeable Parenting Plan

The parenting plan should outline the following:

• The specific times when each parent will have the child.
• How holidays, school breaks, and vacations will be divided.
• How major decisions will be made and whether they will be shared or assigned to one parent.

Court Intervention

Suppose parents cannot agree on a parenting plan. In that case, the court will intervene, make decisions, and issue orders based on the child’s best interests.

The court may order:

Mediation: Parents may be required to attend mediation to resolve their differences.

Custodial Evaluation: A custody evaluation or investigation may be ordered to assess each parent’s ability to care for the child.

Modification: Custody arrangements can be modified if circumstances significantly change, affecting the child’s well-being. Either parent can request a modification by filing a petition with the court.

How Child Support is Determined in Arizona

In Arizona, child support is determined based on the Arizona Child Support Guidelines, ensuring that both parents meet the child’s financial needs proportionally.

The guidelines use an “Income Shares Model” to estimate the amount of support a child would have received if the parents lived together.

Key Factors in Determining Child Support

• The gross income of both parents is considered. This includes wages, salaries, bonuses, commissions, pensions, social security benefits, dividends, rental income, and other income sources.
• The time each parent spends with the child is factored into the calculation. More parenting time can reduce the amount of child support the non-custodial parent owes.
• The number of children who require support is taken into account. The guidelines provide different amounts based on the number of children.
• The cost of health insurance for the child is included. If one parent pays for health insurance, this cost is factored into the calculation.
• Reasonable childcare costs incurred by either parent due to employment or job search activities are included in the calculation.

Legal Tip

The Arizona Child Support Guidelines provide an interactive support calculator that helps you determine the amount of child support

Modification of Child Support Orders

Child support orders can be modified if circumstances substantially change, such as financial hardship, parenting time, or the child’s needs.

Either parent can request a modification by filing a petition with the court.

Enforcement of Child Support

Arizona has strict enforcement measures to ensure child support is paid, which can include:

• Wage Garnishment
• Intercepting Tax Refunds
• License Suspension
• Contempt of Court
• Levy on Bank Accounts

Legal Separation in Arizona

Legal separation has been and continues to be a common precursor to filing for divorce in Arizona. Legal separation allows couples to live apart while remaining legally married.

During the separation, couples can prepare for divorce by considering issues such as property division, spousal maintenance, child custody, and child support.

Choosing separation can be based on various other reasons, including:

• Substantial differences in lifestyle and deeply held personal convictions.
• Some couples may prefer legal separation due to their strictly held religious beliefs that discourage or prohibit divorce.
• Staying married can provide financial benefits, such as retaining health insurance coverage or tax advantages.
• Couples who are unsure about ending their marriage may choose legal separation as a step before deciding on divorce.
• Older couples may decide to remain married for a certain period of time based on their Social Security benefits.

Divorce Mediation in Arizona

Court-Ordered Mediation

In some cases, Arizona courts may require mediation, particularly for disputes involving child custody and parenting time. The court may refer the parties to a mediator or a family court conciliation service.

Preparing for Mediation

• Collect documents such as tax returns, bank statements, property deeds, and credit card debt.
• Know what your goals and priorities are before the mediation. Be sure to tell your lawyer what issues are most important to you.
• Be sure to enter mediation with an open mind and be willing to negotiate and resolve your case.
• Be sure you communicate with your divorce attorney before and during the mediation.

Name Change in Arizona

A name change is a common part of the divorce proceeding in Arizona. It is primarily available for individuals who wish to revert to their maiden name or a previous surname.

When filing for divorce, the petitioner can include a request to change their name in the initial divorce petition. The request should specify the desired new name, typically a maiden or former surname.

The court will grant the name change as part of its final divorce decree.

No additional legal process or separate court filing is required if the request is included in the divorce proceedings. The divorce decree serves as your legal document authorizing the name change.

If the name change was not done during the divorce proceedings, you can still obtain a legal name change after the divorce.

Legal Tip

Make Sure to Update Your Identification Records: After obtaining your court order for a name change, you should immediately update your existing driver’s license, passport, bank accounts, credit cards, and social security records.

Legal Tip

Consult With An Experienced Divorce Attorney: This summary provides a good starting point for learning about your state’s divorce laws and process. However, it is not intended to be a substitute for consulting with or retaining the services of an experienced and verified divorce lawyer in your area. Only by consulting with a divorce lawyer can you receive an informed legal opinion based on the specific issues and facts of your particular case in the context of your goals.

Wellness Tip

Make Sure To Care For Your Personal Wellness: Whether you are contemplating divorce, are currently in the divorce process, have finished the divorce, or are in the emotional healing stage, don’t lose sight of the importance of maintaining your emotional and physical wellness. Wellness resources, such as online counseling or self-care practices, such as yoga and meditation, can help.

Arizona Family Court System

Arizona has locations in each county with at least one superior court judge.

• Family Court (Superior Court of Arizona)
• Family Court Self-Help Center (Arizona Judicial Branch)
• Arizona Revised Statute 25-351 (Arizona Judicial Branch)

Arizona Child Support Services

Sources and References:

Cornell Law Divorce Information Institute

Arizona Judicial Branch Website

Arizona Divorce Law

Arizona Child Support Guidelines