Arizona State Divorce Law

Divorce laws in Arizona are unique, as are divorce laws in every state. First, before someone is permitted to file for divorce in Arizona, they must have lived there for 90 days or more. Local attorneys can help with additional requirements for each specific case, but there are general laws governing divorce in Arizona.

Arizona Grounds for Divorce

For most divorces, the parties must confirm that there has been an irretrievable breakdown of the marriage before a dissolution of marriage decree will be issued.

Uncontested Divorce in Arizona

In order to proceed with an uncontested divorce, both parties must have agreed to all elements of the divorce settlement, including division of property, pensions and retirement benefits; and child custody, in which one party will have sole custody. In addition, an uncontested divorce cannot proceed if either party is on active duty in the military.

Contested Divorce in Arizona

If spouses cannot agree to an uncontested dissolution of marriage, they must file for a contested divorce. The grounds for a contested divorce are the same as for dissolving a covenant marriage in Arizona.

Annulment in Arizona

In Arizona, annulment is not encouraged. Each such case is considered complex and difficult to prove. However, there are general requirements for filing a petition for annulment, which include:

• Fraud
• Inability to consummate the marriage
• Bigamy
• A concealed criminal record or communicable disease
• Other grounds that the court deems appropriate

No Fault Divorce in Arizona

As a no-fault state, the only ground required for filing a divorce is that the marriage be irretrievably broken. However, these requirements are different for those who were married under the Arizona covenant marriage agreement.

Arizona Fault Divorce

Under the Arizona covenant marriage statutes, such a marriage can only be dissolved for the following reasons:

• Adultery
• A felony conviction resulting in death or imprisonment
• Abandonment for at least 1 year
• Physical or sexual abuse of the spouse, a child, or a relative living in the house
• At least 2 years of separation with no hope of reconciliation
• Habitual drug or alcohol abuse
• Both parties agree to the dissolution of marriage

Arizona Divorce and Child Custody

Child Custody Laws

Both sole custody and joint custody are common determinations in divorce proceedings in Arizona, based on what the court determines are in the best interests of the child. Factors taken into consideration in these rulings include:

• The wishes of the child’s parents
• The wishes of the child
• The relationship of both parents and any other siblings with the child
• The child’s adjustment to home, school, and community conditions
• The physical and mental condition of all involved
• The parent who will allow more positive, frequent, and regular contact with the other parent
• The past degree of care provided by each parent
• The nature in which either parent may have attempted to coerce a custody agreement
• Any false reports of child abuse or neglect by either parent

Child Alimony

Child support can be ordered for either parent in an Arizona divorce. In addition, retroactive child support can be ordered, back to the date of separation, as long as it does not exceed 3 years from the date of filing. The factors that the court may consider in awarding child support include:

• The financial resources of the child
• The previous standard of living of the child
• The child’s emotional and physical needs
• The financial resources and obligations of the parents
• Any mistreatment or misuse of joint property by either parent
• The needs of the child
• The duration of parenting time and any related expenses
• Child support is calculated on the Income Share Model using Child Support Worksheets.

Arizona Divorce Spousal Support

Spousal support is commonly awarded for either spouse in Arizona divorce cases.

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Arizona

Spouses in the military are protected by Arizona law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From An Arizona Divorce Lawyer?

The rights and interests of both parties are generally considered in Arizona divorce proceedings. When both parties are in agreement about the vital points in a dissolution order, it may take little or no advice from a divorce lawyer to complete the process. However, when there are disputes, an experienced divorce lawyer can help resolve those disputes, often reaching a settlement out of court, while providing the unbiased advice about the law and the realities of divorce that a divorcing couple needs.