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Home | Family Law | Divorce

Arizona Divorce


An Arizona divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of an Arizona divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Arizona divorce without the expense of an attorney.

Types of Divorce in Arizona

Separation Agreements

To promote amicable settlement of disputes between parties to a marriage attendant on their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, custody and parenting time of their children. A separation agreement may provide that its maintenance terms shall not be modified.

In a proceeding for dissolution of marriage (or divorce in Arizona) or for legal separation, the terms of the separation agreement, except those providing for the support, custody and parenting time of children, are binding on the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair.

Alternatives to Divorce in Arizona

A legal separation can be filed by a married person who wishes to maintain the marriage but physically separate and try to resolve any problems in the marriage. The grounds for legal separation in Arizona are: irretrievable breakdown of the marriage or one spouse desires to live separate and apart. However, if the marriage is a "covenant marriage," the grounds for legal separation are the same as the grounds for the general dissolution of a covenant marriage (see Requirements for Divorce section). One of the spouses must live in the State of Arizona when the action for legal separation is filed. No residency time limit is specified. If one spouse objects to a legal separation, the case will be amended as an action for dissolution of the marriage.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status (as if they were never married). Spouses can?t receive an annulment through mutual agreement. The Court must independently allow an annulment. To establish grounds for an annulment, one of the parties must demonstrate to the court that an impediment to the marriage's validity existed at the time of the marriage. Grounds for an annulment include:One or both of the spouses were still married to someone else at time of marriage, were under age and did not get proper permission to get married, are blood relatives up to first cousins, were married with the intention to defraud another person, business, or government agency, married with the intent to lie about past history of criminal record, mental health history or other reasons as described by law, did not consummate the marriage (did not have sexual relations after the marriage was officiated). The petition and decree must state the legal basis for the annulment and the circumstances.

 
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