Arizona Divorce Primer
Arizona Divorce Law
Divorce Laws in Arizona
According to Arizona divorce laws, you do not need to prove grounds in order to receive dissolution of marriage. The court will grant a petition on the grounds that there has been an irretrievable breakdown of the marriage. This is referred to as a no-fault divorce. Additionally, both of the spouses must have been a resident in the state of Arizona for 90 days prior to the filing of the petition of divorce in AZ.
Alimony & Community Property in Arizona
Arizona is known as a community property state, which can be defined as any asset acquired or income earned by a married person while living with his or her spouse. According to the divorce laws in Arizona this means that the marital property must be divided fairly or equitably and without regard to marital fault. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse.
Alimony can be awarded to either the husband or wife. Such factors as the length of the marriage, the parties’ prior living standard, etc. are considered in determining the amount and duration that should be paid and which is considered just. Marital fault may not be taken into account in this decision.
Arizona Child Support, Child Visitation and Child Custody
The main focus in determining child custody, according to Colorado divorce law, is the best interest of the children. However, under AZ divorce laws, the parents may submit a parenting plan with the request for joint custody. Visitation rights within reason are typically awarded to the non custodial parent.
Child support (a percentage of the non-custodial parents’ income paid to assist with the support of his children) is determined by the Income Shares model, based on the gross income of both parents as set forth by divorce law in Arizona. Expect to pay child support until the age of 18 or until the child is a high school graduate.
