Divorce in Arizona: What to Expect

If you are currently going through a divorce in Arizona, there are some particular issues you may need to be aware of. You may want to hire an attorney who can help you navigate the numerous legalities you will encounter when dealing with your divorce. You are probably very emotional right now, and having a clear, unbiased attorney who will watch out for your legal rights and your future can be an incredible asset.

Residency

At the time of the divorce, either you or your spouse need to be living in Arizona, or be stationed in Arizona if a member of the armed service. This domicile must have been taken place for at least 90 days prior to filing the divorce petition.

Grounds

Your Petition for Dissolution of Marriage must state the grounds you are filing on and can either be a no-fault or fault divorce. No-fault divorce is considered, obviously, to be no-one's fault, and merely states that the bonds of marriage are irretrievably broken. Grounds for a fault marriage apply to a covenant marriage, which Arizona considers to be a "higher" form of marriage. The grounds for a fault, covenant marriage- divorce include:

Adultery
Your spouse has committed a felony and is incarcerated or sentenced to death
Your spouse has abandoned the marital home for at least one year
Your spouse has physically or sexually abused either you or a child of your marriage
If you have been living separate and apart without chance of reconciliation for more than a year
If your spouse is a habitual abuser of drugs or alcohol
If you and your spouse both agree to a dissolution of marriage

Property Distribution

Arizona is considered a community property state, which refers to all property acquired during the marriage. If the parties are unable to come to a mutually agreeable decision regarding the distribution of property, the court will make those decisions for you. They will first assign each spouse's sole and separate property to that spouse, then will divide the community property with no regard to marital misconduct. In other words, just because your spouse has behaved badly or been a total jerk, don't expect this to matter to the judge when he is divvying up property.

The court will then assign responsibility for all jointly acquired debts, however remember that even though the court assigns, say, the car payment to your husband, from the creditor's legal standpoint you both are still responsible for the debt, and they are within their rights to attempt to get payment from you should your husband default on his court-ordered obligations.

Spousal Support

The Arizona courts will decide on a case-by-case basis when considering alimony. If one spouse is deemed to lack sufficient property to meet reasonable needs, is unable to be self-sufficient through employment, is the custodian of a child whose age or condition prohibit employment, contributed significantly to the educational opportunities of the other spouse, or had a marriage of such a long duration that the age of the spouse precludes the possibility of gaining employment, then spousal support may be awarded on a temporary or permanent basis.

Mediation Requirements

If one person states the marriage is irretrievably broken, but the other denies the claim, the court may order counseling or mediation for the parties involved.

Child Custody and Support

If parents are unable to come to an equitable solution to child custody and visitation, the courts will determine what is in the best interest of the children based on all relevant factors. Arizona child support is based ont eh Income Shares Model which determines the applicable amount by dividing proportionally according to the income and assets of each parent.

Hire an Attorney

You need to ensure your rights are protected throughout your divorce, as you will have to live with the results for the rest of your life. A great divorce attorney will be able to navigate the stormy waters of your divorce for you, leaving you the freedom to continue with your life.

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