updated September 1, 2023 · 5min read
In Arizona the divorce procedure is called a dissolution of marriage. A dissolution for any married couple will accomplish two things: severing the marital relationship, and dividing assets and debts.
Additionally, if the couple have been married for a significant length of time and one of them will be unable to be self-supporting, the issue of alimony may arise. If there are minor children, the couple will need to resolve issues of child custody, visitation, and support.
To file for dissolution of marriage in Arizona, either you or your spouse must have been domiciled in Arizona for at least 90 days.
To be “domiciled” requires taking actions indicating an intent to make Arizona your primary state of residence (for example, registering to vote, obtaining an Arizona driver’s license, or registering a car in the state).
While it is possible to be a part-time resident of two or more states, you can only have your domicile in one state. You begin the procedure by filing a Petition for Dissolution of Marriage in the Superior Court of the county where you live.
In the most basic procedure (an uncontested divorce), you, and maybe your spouse, will be need to attend a court hearing. The judge will ask some questions, to be sure you understand and agree to everything, and will enter a Decree of Dissolution of Marriage.
Grounds are legally recognized reasons to get a dissolution and sever the marital relationship.
Arizona has what are commonly called no-fault grounds for dissolution. You need to state in the Petition that: “The marriage of the parties is irretrievably broken.”
What is unusual about Arizona is that this is the only ground for dissolution.
Arizona is one of a few states that have created a covenant marriage. You will know if you have a covenant marriage.
To dissolve a covenant marriage you and your spouse need to agree on a dissolution, or have already gone through a legal separation procedure. You may also prove a fault-based ground such as adultery, your spouse being convicted of a felony, abandonment for at least one year, physical or sexual abuse, domestic violence, habitual drug or alcohol abuse.
In dividing property and debts, Arizona adopts the concept of community property, where property acquired during a marriage is marital property.
Generally, each party will keep their “sole and separate” property. If the judge must divide the property, he or she may consider any “excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.”
In Arizona alimony is called maintenance. In deciding whether to award maintenance, and the amount and duration, the judge must consider factors (1) through (5) listed above for property division, plus the division of property and other factors the court determines are relevant.
Maintenance in Alaska may be for a limited or an indefinite period of time, and in a lump sum or installments. The parties may agree that maintenance may can’t be modified. Maintenance may be awarded if the parties agree, or if the court finds that the spouse seeking maintenance:
The amount and duration of maintenance takes into account the following factors:
If you have any minor children, there will have to be a custody determination. Traditionally, one parent was awarded custody, and the other was given visitation rights. The modern trend of keeping both parents active in their children’s lives, has led to new terminology. The terms legal decision-making and parenting time are used in Arizona. It all still comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made.
According to Arizona child custody laws, if you and your spouse cannot reach an agreement on decision-making and parenting time, you will each need to submit a proposed parenting plan to the judge. The judge will make a decision based on the following factors:
The Arizona child support guidelines, which may be obtained from your county’s Superior Court clerk, consider the child’s needs and the parents’ abilities to meet the needs.
A party’s former name may be restored as part of a Decree of Dissolution of Marriage. If either party would like to pursue reconciliation, a petition for conciliation may be filed.
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
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