Understanding Arizona Divorce Laws

Divorce Requirements for Arizona Residents

The petitioner filing an Arizona Divorce Complaint must have sufficient evidence that he or she is a bonafide resident in Arizona for at least 90 days prior to the petition. The same is applicable if one of the parties involved was stationed in Arizona while serving in the Armed Forces.

There’s a waiting period of 60 days from the date of filing the divorce papers before a court decision is reached.

Arizona Grounds For Divorce

Arizona recognizes a regular (non-covenant) grounds for the dissolution of marriage. No-fault divorce may result from irretrievable breakdown of marriage.

What are no-fault grounds for divorce in Arizona?

No-fault grounds for divorce are irreconcilable differences that have caused the irreversible failure of the domestic partnership or marital union. In a no-fault divorce, both parties need not prove each other’s culpability in the failure of the marriage.

What are the fault grounds for divorce in Arizona?

1. Incurable insanity proven and substantiated with medical records and psychiatric testimony
2. Adultery
3. Conviction of a felony resulting in imprisonment or of a death sentence
4. Abandonment for a period of 12 months before filing the divorce petition
5. Physical and sexual abuse committed by one spouse to the other, or another member of the household; emotional abuse and domestic violence
6. Alcohol and substance abuse

Child Custody Law in Arizona

As in other States, Child Custody Law in the State of Arizona centers on putting the child’s interests first.  Both parents may be awarded custody if the prevailing grounds merit it, especially if both parents wrote a parenting plan that was crafted and agreed upon by both parties.

What are some of the factors that the courts consider in Arizona custody issues?

1. Desires of the parents and the child
2. The social ability of the child to adapt in a new environment  
3. History of both parents in providing for the child’s primary care
4. Mental and physical health of all parties involved
5. Drug abuse conviction of a parent

• Which parent is capable of keeping a nurturing relationship with the child and who’ll be open to allowing the non-custodial parent a continuing and meaningful contact with the child

Guidelines for Arizona Child Support

Arizona adopted the Income Shares Model in computing child support. The income of both parents are calculated in coming up with the child support amount which will be shouldered by the non-custodial parent to support the child financially in the custodial parent’s household.

Where to file for a divorce in Arizona?

The petitioner must file the divorce papers in the county where either spouse is a resident. For a fast and inexpensive divorce process, you can file Arizona online divorce forms.

Refer to the “Divorce Requirements for Arizona Residents” above for more information and also get the best online divorce reviews.

Mediation

Before or after filing the Arizona Divorce papers, either party may file a motion requesting mediation to resolve pertinent issues first so they could go into an uncontested divorce case thereafter.

Need information for a different state?

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You may also visit the Arizona Courts for more information