Ending a marriage is often challenging, and understanding the legal aspects can seem daunting. If you’re thinking about divorce in Arizona, you probably have questions about property division, child custody, and what to expect from the process. This guide will walk you through the key elements of Arizona divorce laws in the Grand Canyon State, helping you understand your rights and options as you move forward.
What are the main requirements for getting divorced in Arizona?
To get divorced in Arizona, at least one spouse must have lived in the state for 90 days before filing, and the marriage must be “irretrievably broken” (except in covenant marriages). Arizona is a no-fault divorce state, meaning you don’t need to prove wrongdoing by either party.
Grounds for Divorce in Arizona
Arizona’s approach to divorce is straightforward: you don’t need to point fingers or prove your spouse did something wrong. The state recognizes that sometimes marriages simply don’t work out. All you need to show is that your marriage is “irretrievably broken,” which basically means there’s no reasonable chance of reconciliation.
However, Arizona does have a unique twist with “covenant marriages.” These special unions, which couples opt into when they marry, have stricter requirements for both tying the knot and untying it. If you’re in a covenant marriage and seeking divorce, you’ll need to prove specific grounds like adultery, abandonment, or domestic violence.
Residency Requirements
Before you can file for divorce in Arizona, the state wants to make sure it has the right to handle your case. That’s why at least one spouse needs to have called Arizona home for a minimum of 90 days before filing. This requirement establishes legal residency for the purpose of filing for divorce in Arizona.
You’ll need to file in the county where you or your spouse lives. If you’ve recently moved to Arizona, you must wait three months before filing for divorce. But don’t view this as wasted time – use it to gather documents, consider your options, and prepare for the road ahead.
Property Division in Arizona Divorces
When it comes to dividing up your stuff, Arizona plays by “community property” rules. This means that generally, anything you or your spouse acquired during the marriage belongs to both of you equally, regardless of whose name is on the paperwork or who earned the paycheck.
- The money you both earned while married
- The house you bought together
- Cars, furniture, and other big-ticket items purchased as a couple
- Retirement accounts and pensions that grew during the marriage
However, not all property is considered community property. “Separate property” stays with its original owner. This includes:
- Stuff you owned before you said “I do”
- Gifts or inheritances one of you received during the marriage
- Things you acquired after you legally separated
While the law assumes a 50/50 split of community property, judges have some flexibility to divvy things up fairly, which doesn’t always mean equally. They might consider factors like each spouse’s earning potential, contributions to the marriage, and financial needs when making the final call.
Alimony in Arizona
Alimony, or “spousal maintenance” as it’s called in Arizona, isn’t guaranteed in every divorce. The court looks at several factors to decide if one spouse should support the other financially after the split. These include:
- How long you were married
- The lifestyle you enjoyed as a couple
- Each spouse’s age, work history, and ability to earn
- Whether the paying spouse can support themselves while also supporting their ex
Arizona recognizes different types of alimony:
- Temporary alimony to help one spouse stay afloat during the divorce process
- Short-term alimony to help a spouse get back on their feet, often through education or job training
- Long-term alimony for cases involving lengthy marriages or when one spouse can’t become self-supporting
The duration of alimony payments can vary widely. Some arrangements have a clear end date, while others continue indefinitely until the receiving spouse remarries or either spouse passes away.
Child Custody and Parenting Time
When kids are involved, Arizona courts focus on what’s best for them. The state uses terms like “legal decision-making” and “parenting time” instead of custody and visitation. Here’s what the court considers:
- The child’s relationship with each parent
- How well the child is adjusting to home, school, and community
- The physical and mental health of everyone involved
- Any history of domestic violence or substance abuse
Legal decision-making is about who gets to make important choices about the child’s upbringing, like education, healthcare, and religious training. It can be joint (shared by both parents) or sole (given to one parent).
Parenting time refers to the schedule of when the child spends time with each parent. Courts encourage parents to work together on a plan that fits their family’s needs. If you can’t agree, the court will step in and create a schedule.
Child Support
Arizona uses a specific formula to calculate child support. It takes into account:
- Each parent’s income
- How much time the child spends with each parent
- The number of children
- Costs for health insurance and childcare
Usually, the parent who spends less time with the child pays support to the other parent. But even if you split time equally, the higher-earning parent might still need to chip in some support.
Child support orders aren’t set in stone. If there’s a major change in circumstances – like a big shift in income or parenting time – you can ask the court to modify the order.
The Divorce Process in Arizona
Here’s a bird’s-eye view of how divorce typically unfolds in Arizona:
- One spouse files a Petition for Dissolution of Marriage with the court.
- The filing spouse legally serves the divorce papers to the other spouse.
- The receiving spouse has 20 days (if served in Arizona) or 30 days (if served out of state) to respond.
- Either spouse can request temporary orders for issues like child custody or spousal support during the divorce process.
- Both parties exchange financial information and other relevant documents.
- Many couples attend mediation to try resolving disputes without going to trial.
- If mediation fails, the case goes to trial where a judge makes final decisions.
- The judge signs the final divorce decree, making the split official.
The timeline can vary widely. An uncontested divorce might wrap up in as little as 60 days after filing, while a contentious case involving substantial assets or child custody disputes could drag on for a year or more.
Legal Separation vs. Divorce in Arizona
Legal separation is similar to divorce but has important distinctions: you’re still legally married. Some couples choose this route for reasons like:
- Religious beliefs that frown on divorce
- Wanting to keep health insurance coverage
- Holding out hope for eventual reconciliation
The process for legal separation mirrors divorce, but your marriage remains intact on paper. Either spouse can convert a legal separation to a full divorce at any time.
Divorce Costs and Timeline in Arizona
The price tag for divorce in Arizona can range from a few hundred dollars for a simple, uncontested split to tens of thousands for a complex, heated battle. Basic court filing fees hover around $300, but that’s only the beginning of potential costs for many divorces.
Factors that can increase both the cost and timeline include:
- Whether you and your spouse agree on major issues
- How complex your financial situation is
- Child custody and support disputes
- The need for expert witnesses like forensic accountants or child psychologists
To keep costs in check, consider:
- Trying to reach agreements with your spouse outside of court
- Using mediation services
- Exploring collaborative divorce options
- Staying organized and responsive to your attorney’s requests
These strategies can help streamline the process and potentially reduce both the emotional and financial toll of ending your marriage.
Post-Divorce Modifications
Life doesn’t stand still after divorce, and sometimes your divorce decree needs to catch up with reality. Common reasons for post-divorce modifications include:
- Major changes in income
- One parent moving to a new location
- Changes in the child’s needs
To request a modification, you’ll need to file a petition with the court and show that there’s been a substantial and continuing change in circumstances since the original order was issued.
Resources for Arizona Divorces
If you’re considering divorce in Arizona, you don’t have to go it alone. Several resources are available to help you understand your rights and options:
- Arizona Judicial Branch Self-Service Center: Offers forms and information for those representing themselves
- Community Legal Services: Provides free legal help to those who can’t afford an attorney
- Arizona State Bar: Can connect you with lawyer referral services and legal information
While these resources are valuable, they’re not a substitute for personalized legal advice. If your divorce involves complex issues or substantial assets, it’s wise to consult with an experienced divorce lawyer.
Navigating divorce is rarely easy, but understanding Arizona divorce laws can help you make informed decisions as you move forward. By familiarizing yourself with these key aspects of Arizona divorce law, you’ll be better equipped to protect your rights and work towards a fair resolution. Remember, each divorce is unique, and seeking professional guidance can provide invaluable support during this important life transition.
Going Through a Family Matter in Phoenix? We’re Here to Help.
Family issues are personal, and legal challenges can make them even harder. Whether you’re facing a divorce, a custody battle, or another family matter, you deserve a lawyer who listens and understands what’s at stake. At Salwin Law Group, we take the time to hear your story and help you find the best path forward.
Why Work With Us?
- We Put You First: Every family is different. We take the time to understand what matters most to you.
- Support You Can Count On: Legal issues involving family can be overwhelming, but you don’t have to handle them alone. We’re here to guide you every step of the way.
- Straight Answers, No Surprises: We keep you informed so you always know what’s happening with your case.
Let’s Talk About What Comes Next
Call (480) 702-1789 or fill out our contact form for a confidential consultation. We’re ready to help.
Stewart Salwin
Stewart Salwin is the founder and lead attorney at Salwin Law Group, a Scottsdale criminal defense law firm based in the greater Phoenix area. His practice is primarily dedicated DUI-defense work. He is a graduate of Georgetown University and Harvard Law School, where he was taught criminal law by world-renowned defense attorneys.
Rate this Post
Loading...