Arizona Divorce Law Summary

U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted into law, the divorce courts in Arizona have the authority to manage the divorce proceedings, including deciding issues relating to spousal support and child support payments, custodial rights of parents, and the division of marital property.

Since state laws can be repealed and amended over time, it is always advisable to consult with a verified divorce lawyer before making important decisions about your marriage.  

All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues. 

Read our expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.

ARIZONA RESIDENCY REQUIREMENTS

At least one party needs to be a resident of Arizona for a minimum of 90 days before filing for a dissolution of marriage. There is also a 60-day waiting period after the service of process.

Where To File

Papers should be filed in the county where the person petitioning for the dissolution resides.

ARIZONA LEGAL GROUNDS FOR DIVORCE

Irretrievable breakdown of the marriage. However, if the marriage is a covenant marriage, the following may be considered grounds for dissolution:

* Adultery

* Commission of a felony and the resulting imprisonment

* Abandonment for at least one year

* Physical or sexual abuse

* Living separate and apart for at least two years

* Habitual drug or alcohol abuse

* The husband and wife both agree to the dissolution of the marriage.

LEGAL SEPARATION IN ARIZONA

Arizona divorce recognizes legal separation. At least one party must be a state resident, and both parties must agree to the legal separation. Otherwise, the court shall direct that the pleadings be amended to seek a dissolution of the marriage.

ARIZONA’S MEDIATION REQUIREMENT

At the request of either party or on its motion, the court may order mediation or a conciliation conference to reconcile the marriage (in the case of a covenant marriage) or reach an amicable settlement to avoid further litigation over the issues involved.

PROPERTY DISTRIBUTION IN ARIZONA

Arizona is a community property state, with marital property and debt divided equally, regardless of who is on the title. The court shall assign each spouse’s sole and separate property to such spouse.

SPOUSAL SUPPORT & MAINTENANCE IN ARIZONA

The court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse is seeking maintenance in a proceeding for dissolution or legal separation:

* Lacks sufficient property to provide for their needs,

* Is unable to be self-sufficient or is caring for a child whose age or condition makes it unreasonable to seek outside employment,

* If one spouse contributed to the educational opportunities of the other spouse,

* If the marriage was long-term and the spouse’s age makes getting employment difficult.

The factors that are taken into consideration when determining maintenance are:

1. The standard of living is established during the marriage.
2. The duration of the marriage.
3. The age and earning ability of the spouse seeking care.
4. The ability of the spouse to pay maintenance to meet their own needs.
5. The comparative financial resources of both spouses.
6. The contribution of the spouse seeking care to the earning ability of the other spouse.
7. The ability of both spouses to contribute to the educational cost of their mutual children.
8. The time necessary for the spouse seeking maintenance to receive training to become employable.
9. The effect of health insurance costs due to the dissolution.

SPOUSE’S NAME CHANGE

Upon request, the court shall order that the party’s former name be restored at any time before signing the dissolution decree.

ARIZONA CHILD CUSTODY

The court may order sole custody or joint custody. The court shall determine custody, either initially or on a petition for modification, following the best interests of the child, based on the following factors:

* The wishes of the child’s parent regarding custody.

* The wishes of the child.

* The interaction between the child and the parent, the child, and the siblings, or any other person who may significantly affect the child’s best interest.

* The child’s adjustment to home, school, and community.

* The mental and physical health of all individuals involved.

* Which parent will promote continued contact between the child and the other parent.

* Which parent has provided primary care for the child.

* Whether either parent was convicted of an act of false reporting of child abuse or neglect.

* Whether a parent was influenced or coerced into a custody decision.

CHILD SUPPORT IN ARIZONA

In dissolution or legal separation proceedings, the court may order both parents to pay child support. The court may also order retroactive child support (if no child support was previously ordered) from the date of separation but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance, or child support. The amount of the child support order shall the based on the following factors:

* The financial needs of the child.

* The financial resources and needs of the custodial parent.

* The standard of living for the child during the marriage.

* The physical and emotional condition of the child.

* The child’s educational needs.

* The financial resources of the non-custodial parent.

* The duration of parenting time and related expenses.

* Excessive expenditure, destruction, concealment, or fraudulent disposition of community property.

Child support continues until the age of majority unless the child is still attending high school (but only until age 19) or if the child is severely mentally or physically disabled and cannot be self-supporting. Support payments shall be made to the support payment clearinghouse for remittance to the person entitled to receive the payments unless the parties agree otherwise. Child support may be modified upon showing substantial changes in circumstances or every three years if requested.

PREMARITAL AGREEMENTS IN ARIZONA

A premarital agreement must be in writing and signed by both parties. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. A premarital agreement is not enforceable if any of the following conditions apply:

* The party did not execute the agreement voluntarily.

* The party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.

* Did not voluntarily waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.

* The party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.