ARIZONA DIVORCE LAWS:
The Residency Requirement: Either party must be domiciled in the state for 90 days.
Grounds: There is only one ground for divorce: Irretrievable breakdown of the marriage, unless this is a covenant marriage.
Under Covenant Marriage in Arizona, divorce is granted on only these grounds: Adultery; Imprisonment; Abandonment; Sexual or Physical Abuse; If the spouses have been living separate and apart continuously without reconciliation for at least two years before; If the spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered; Drug or Alcohol Abuse; If the husband and wife both agree to a dissolution of marriage.
Property Division: Arizona is a community-property state. Each spouse’s sole and separate property is assigned to that spouse. Property acquired during the marriage, that is, by the “community,” must be divided equitably without regard to marital conduct. (click the following for an expert's overview and key tips on dividing up property through divorce).
Alimony: Alimony may be granted to either spouse if the spouse seeking alimony;
Lacks sufficient property to provide for his/her reasonable needs;
Is unable, through appropriate employment, to provide self-support, or is the custodian of a child at home;
Contributed to the educational opportunities of the other spouse;
Had a long marriage and is of an age that may preclude employment.
Child Custody and Child Support: The spouses must prepare a parenting plan before the Arizona courts will award joint custody. The plan should include a description of each parent’s rights and responsibilities, how decisions will be made on such things as medical treatment, education, and religious training; a schedule of where holidays and vacations will be spent; and a procedure for resolving disputes. Joint parenting does not, by the way, mean equal parenting time. As in every state, custody is based on “the best interests of the child.” If the spouses cannot agree on joint parenting, the courts will award custody based on, among other things: the parents’ wishes; the wishes of the child; the mental and physical health of all involved; which parent has been the primary care giver so far. (click the following for an overview and list of articles on child custody and child support).
Arizona child-support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes.
For a combined adjusted gross monthly income of:
- $2,000, support for one child is $420; for two children, $590; for three children, $683.
- $5,000, support for one child is $808; for two children, $1,100; for three children, $1,241.
- $10,000, support for one child is $1,094; for two children, $1,462; for three children, $1,624.
The state of Arizona has an on-line calculator for child support.
Support terminates at age 18, or continues until the child graduates from high school. The court does not order the parents to pay for the college costs of the child.
Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.