In Arizona, dissolution of marriage is the process for divorce. Couples can dissolve their marriage for two reasons: ending their marriage and dividing their assets and debts. Moreover, if a couple has been married for a long time and one of them is incapable of supporting themselves, alimony may become an issue. A couple with minor children will need to work out the issues of child custody, child visitation, and child support. Here, we will provide you with some insight into how to file a divorce in Arizona. Let's dive in.
Dissolution of Marriage Arizona
You or your spouse must have resided in Arizona for at least 90 days to file for divorce Arizona. If you want to become a “domiciled” citizen, you must indicate your intention to make Arizona your primary state of residence.
While you may live in more than one state part-time, you are only allowed to have one state as your primary residence. Dissolution of marriage begins with a Petition for Dissolution of Marriage filed with the county's Superior Court in which you reside. You and possibly your spouse will need to attend a court hearing during the most uncomplicated procedure. You will be asked several questions by the judge so that they can make sure you fully understand and agree to everything before entering a Decree of Divorce.
Divorce Grounds
The grounds of divorce are reasons to get a divorce and end the marriage based on legal grounds. Arizona has no-fault grounds for dissolution, as it is commonly known. In the petition, you must state that the parties' marriage is irretrievably broken.
Covenant Marriage
Among the few states that have enacted a marital covenant is Arizona. Your covenant marriage will be evident to you. If you want to dissolve your covenant marriage, you must either agree to it or have already gone through the process of legal separation. Additionally, you may prove fault-based grounds like adultery, felony conviction of your spouse, abandonment for at least a year, physical or sexual abuse, domestic violence, or habitual drug or alcohol dependency.
Property Division In Arizona
To divide property and debt, Arizona uses the concept of community property, which means that property gained during a marriage is considered marital property. Each party will typically retain its own “sole and distinct” assets. As part of the property division, a judge may consider any extraordinary or unusual expenditure, destruction, concealment, or fraudulent disposition of community, joint tenancy, or other property owned by the parties together.
Child Custody In Arizona
Having minor children will require you to decide on their custody. One parent was given custody in the past, while the other was granted visitation rights. New terminology has emerged due to today's modern tendency to involve both parents in their children's lives. The term used in Arizona is legal decision-making and parenting time. The main issue is determining how the children's time will be divided between the parents and how decisions will be made. Unless you and your spouse agree on decision-making and parenting time, Arizona child custody rules require you to submit separate parenting plans to the judge.
Arizona Child Support
Arizona's child support guidelines, which are available from the Superior Court clerk in your county, consider both the kid's needs and parents' ability to meet them.
Miscellaneous Matters
In the event of a divorce decree, a party's previous name may be reinstated. A petition for conciliation can be filed by either party who wants to continue the reconciliation process.
Conclusion
We've covered the basics of Arizona's no-fault divorce, including property division and child custody.
Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. The information provided on attorneyyellowpages.com is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced divorce lawyer to understand current laws and. how they may affect a case.
