Arizona Divorce Information and
FAQ
At least one of the parties to the action for dissolution of marriage
must have resided in the State of Arizona for at least ninety (90) days
prior the filing of the action. ARS 25-312
Grounds The State of Arizona recognizes two distinct types of marriages
within the state and each type has its own separate grounds for
dissolution of marriage. A covenant marriage entered into in Arizona may
only be dissolved for the following reasons:
1. The respondent spouse has committed adultery.
2. The respondent spouse has committed a felony and has been sentenced
to death or imprisonment.
3. The respondent spouse has abandoned the matrimonial domicile for at
least one year before the petitioner filed for dissolution of marriage.
4. The respondent spouse has physically or sexually abused the spouse
seeking the dissolution of marriage, a child, a relative of either spouse
permanently living in the matrimonial domicile or has committed acts of
domestic violence or emotional abuse.
5. The spouses have been living separate and apart continuously without
reconciliation for at least two years before the petitioner filed for
dissolution of marriage.
6. The spouses have been living separate and apart continuously without
reconciliation for at least one year from the date the decree of legal
separation was entered.
7. The respondent spouse has habitually abused drugs or alcohol.
8. The husband and wife both agree to a dissolution of marriage.
The grounds for dissolution of a non-covenant marriage is an
"irretrievable breakdown of the marriage." ARS 25-312, ARS
25-903 Waiting period The is a sixty day (60) day waiting period from the
date the Respondent was served or accepted service of process before the
court will grant a dissolution of marriage decree. ARS 25-329
Name of court and title of action/parties An action for dissolution of
marriage is filed in the Superior Court. The title of the action
initiating the dissolution of marriage is a Petition for Dissolution of
Marriage, while the title of the action granting the dissolution of
marriage is a Decree of Dissolution of Marriage. The party who files the
action for dissolution of marriage is called the Petitioner, while the
other party is referred to as the Respondent. ARS 25-381.10
Legal separation A decree of legal separation may be granted for a
non-covenant marriage upon a finding that either party was domiciled in
Arizona at the time the action was commenced and that either or both of
the parties desire to live separate and apart or that the marriage is
irretrievably broken. A decree of legal separation may be granted for a
covenant marriage upon a finding that:
1. The respondent spouse has committed adultery;
2. The respondent spouse has committed a felony and has been sentenced
to death or imprisonment;
3. The respondent spouse has abandoned the matrimonial domicile for at
least one year before the petitioner filed for legal separation and
refuses to return;
4. The respondent spouse has physically or sexually abused the
petitioner, a child, a relative of either spouse permanently living in the
matrimonial domicile or has committed domestic violence or emotional
abuse;
5. The spouses have been living separate and apart continuously without
reconciliation for at least two years before the petitioner filed for
legal separation;
6. The respondent spouse's habitual intemperance or ill treatment of
the other spouse is of such a nature as to render their living together
insupportable.
7. The respondent spouse has habitually abused drugs or alcohol. ARS
25-313, ARS 25-904
Mediation Prior to the filing of an action for annulment, dissolution
or legal separation, either or both spouses may file a petition invoking
the conciliation provisions of Arizona law for the purposes of preserving
the marriage, or for an amicable settlement of the controversy between the
spouses in order to avoid unnecessary litigation. ARS 25-381.09 Alimony
Alimony may be granted to either spouse upon a finding by the court that
the party seeking alimony:
1. Lacks sufficient property to provide for his/her reasonable needs;
2. Is unable to support himself/herself through appropriate employment
or lacks earning ability in the market adequate to support himself or
herself;
3. Is the caretaker of a child whose age or condition is such that it
would be unreasonable to seek outside employment;
4. Contributed to the educational opportunities of the other spouse;
5. Had a marriage of long duration or is of an age that may preclude
the possibility of gaining adequate employment.
Alimony may be in such amounts and for such periods of time as the
court deems just, without regard to marital fault, after consideration of
the following factors:
1. The standard of living established during the marriage;
2. The duration of the marriage;
3. The age, employment history, earning capacity, and physical and
emotional condition of the spouse seeking alimony;
4. The ability of the payor spouse to meet his/her own needs while
meeting the needs of the spouse seeking alimony;
5. The comparative financial resources of each spouse;
6. The contribution of the spouse seeking alimony to the earning
capacity of the other spouse;
7. The extent to which the spouse seeking alimony has reduced his or
her income or career opportunities for the benefit of the other spouse;
8. The ability of each spouse to contribute to the educational needs of
any children of the marriage after dissolution;
9. The time necessary for the spouse seeking alimony to acquire
sufficient education or training to enable that spouse to find appropriate
employment;
10. Any excessive or abnormal expenditures, or the destruction,
concealment or fraudulent disposition of community property. ARS 25-319
Distribution of property The courts in the State of Arizona will
distribute the community property of the spouses as it deems equitable and
just, without regard to marital fault, after setting aside to each spouse
that spouse's separate property. ARS 25-318 Child custody The courts will
determine custody in Arizona based upon the best interests of the child.
The court may order sole or joint custody without regard to the sex of the
parties. In determining the best interests of the child, the court will
consider all relevant factors, including:
1. The wishes of the child and the child's parents; 2. The interaction
and interrelationship of the child with the child's parents, siblings and
any other person with a significant relationship with the child; 3. The
child's adjustment to home, school and community; 4. The mental and
physical health of all individuals concerned; 5. Which parent is more
likely to allow the child frequent and meaningful continuing contact with
the other parent; 6. Which parent is or was the primary caregiver of the
child; 7. Any other relevant factor. ARS 25-403
Visitation rights of grandparents Grandparents and great-grandparents
of a child may be awarded visitation rights with the child upon a finding
that such visitation would be in the best interests of the child and any
of the following are true: 1. The parents have been divorced for at least
three months; 2. A parent of the child has been deceased or missing for at
least three months; 3. The child was born out of wedlock. ARS 25-409
Child support The court may order either or both parents of a child to
pay an amount reasonable and necessary for the support of any minor child
of the marriage, without regard to marital fault. Arizona has established
child support guidelines which set the presumptive correct amount of
support owed. Any deviation from the guidelines must include a written
finding by the court that the application of the guidelines would be
inappropriate or unjust. Factors the courts will consider in deviating
from the guidelines include:
1. The financial resources and needs of the child; 2. The financial
resources and needs of the custodial parent; 3. The financial resources
and needs of the non-custodial parent; 4. The standard of living the child
would have enjoyed had the marriage not been dissolved; 5. The physical
and emotional condition of the child, and the child's educational needs;
6. Excessive or abnormal expenditures, destruction, concealment or
fraudulent disposition of community property; 7. The duration of
visitation and related expenses.
An order of child support must also include the assignment of
responsibility for providing medical insurance for the child and
responsibility for payment of any non-covered medical expenses. ARS 25-320
Name change Upon request of a party at any time prior to the signing of
the decree for dissolution of marriage, the court shall order the
restoration of that party's former or maiden name. ARS 25-325
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