Arizona Divorce Laws

Who Can File for Divorce in Arizona?

Whether you've lived in Arizona your entire life or moved to the state for the golf or the climate, you are eligible to file for divorce in Arizona if you or the other party to the divorce is a bona fied resident of Arizona, or if one of you was stationed in Arizona, and have lived in the state or been stationed in the state for the 90 days immediately before filing for divorce.

Arizona Divorce Law: Grounds

Arizona recognizes no-fault divorces, in which there are irreconcilable differences, unless the marriage is a "covenant" marriage.

In the case of covenant marriage, the following circumstances are grounds for divorce:

• Adultery
• Conviction of a felony
• Abandonment of domicile
• Physical or sexual abuse or spouse, child or other relative living in the home
• Separation of at least two years
• Legal separation for at least one year
• Drug or alcohol abuse
• Both spouses agree to a dissolution of the marriage under Arizona Statutes, Title 25, Chapters 312, 901, 903

Property Distribution in Arizona Divorce

Because Arizona is a "community property" state, all marital property will be distributed equally between the divorcing parties, unless the parties reach an agreement without the court's assistance.

Separate property remains the property of the respective spouse.

The court may assign a community debt to one spouse; however, you should be aware that this does not relieve the other spouse of the debt. Your creditors will still hold you liable for your debts. If you believe your spouse may not pay these debts, you can request that the court place a lien on your spouse's separate property to enforce payment.

Arizona Divorce Law: Alimony

Not all Arizona divorce cases will involve alimony, or spousal support. The court will consider several factors in awarding spousal support.

In deciding whether a spouse should receive spousal support, the court will consider:

• lack of sufficient property
• inability to be self-sufficient, or custodial parent unable to work because of parental duties
• contribution to education of supporting spouse
• inability to secure gainful employment because of age, in a long marriage

In deciding how much support to award, and the duration of support, the court will consider financial factors affecting both spouses.

Arizona Child Custody Laws

Arizona divorce courts attempt to ease emotional trauma for minor children in divorce cases. In determining custody, the court will consider:

• The wishes of the parents
• The wishes of the child (based on age)
• The interaction and relationships between the child, parents and siblings
• The child's adjustment and attachment to the home, school and community
• The physical and mental health of all parties
• Each parent's likelihood to allow continuing contact with the other parent
• Which parent has been involved in primary care
• Any coercion or duress applied by one parent
• Whether either parent has falsely reported child abuse or neglect

If an Arizona family court feels that joint custody is in the child's best interests, joint custody may be ordered over one parent's objections.

Child Support in Arizona Family Law

Arizona child support is based on the Income Shares Model, and the court will award child support based on those guidelines unless a compelling reason exists for a different award.

Find a Divorce Lawyer in Arizona

If you are ready to file for divorce, whether you're in Phoenix or Winslow, we have qualified, aggressive divorce lawyers standing by to help you get the best divorce settlement and move on with your life. Click now for a free referral to an Arizona divorce lawyer.