Although marriage is intended to last a lifetime, the reality is that more than 50 percent of marriages end in divorce in the U.S. Divorce laws differ by state and it’s always a good idea to find out the divorce laws in your state before deciding on a divorce.
As is the case in most states, Arizona divorce laws require state residency of one spouse for 90-days. Arizona is a no-fault -divorce state, which simply means that finding one or the other spouse at fault is not necessary to obtain a divorce.
The exception to this law concerns covenant marriages, which is a marriage a couple enters into by signing an affidavit vowing the marriage is for life and receiving premarital counseling. There are eight grounds for dissolving a covenant marriage including adultery, criminal behavior, abuse or prolong use of drugs and alcohol.
Once the court serves papers on a spouse, expect a 60-day waiting period before the finalization of a divorce, unless there are issues to be ironed out. When a couple has agreed to all terms on all issues, a consent decree given to a judge indicating the couple’s willingness to agree on conditions and terms could facilitate the divorce quicker.
When obtaining a divorce in Arizona, keep in mind that it is a community property state. The courts will deem any property or debt acquired by a spouse during the marriage as owned by both spouses and will be divided equitably. Property acquired before marriage, separate income, or inheritance may be considered as separate property if the property was not comingled with spousal property.
Spousal Support
Spousal support in the form of spousal maintenance or alimony may be decided before hand when the couple agrees on the issues. The court may decide on maintenance when certain factors are in place.
Arizona judges could decide to classify spousal maintenance into one of three categories: rehabilitative, compensatory, or permanent. Rehabilitative maintenance refers to a spouse who is unable to support him or herself, but is expected to do so in the future after receiving additional education, training or experience.
Compensatory spousal maintenance refers to spousal support that is awarded, even when there are no extenuating circumstances concerning a spouse. This type of support is designed to compensate a spouse who contributed to the other spouses’ career or education and has not received other compensation nor received a fair return on their investments or from income returned during the marriage.
Permanent spousal maintenance is awarded when it is expected that a spouse cannot support him or herself generally due to age or disability.
Custody issues are another important issue when deciding maintenance support. For example, when a spouse cannot reasonably be employed due to the age or condition of a child and be a proper caretaker of a child, maintenance may be awarded. The same is true when the marriage was of long duration and the age of a spouse indicates he or she is unlikely to find employment.
Unless there is a permanent maintenance order, maintenance is terminated when a spouse remarries.
Maintenance spousal support is generally deducted from a spouse’s paycheck unless there is a mutually agreeable statement between both parties. Maintenance support can be modified depending on the financial circumstances of a spouse, unless it is non-modifiable order sometimes ordered by a judge.
Alimony can be awarded based on a spouses’ ability to pay and for the same reasons as maintenance support.
Child Custody
According to the child custody law in Arizona, the courts will determine what is best for the child’s interest and welfare. The judge will take into consideration the child’s preference, adjustments in home, school and community, parents’ wishes and the child’s wishes, and the desire and ability of each parent to care for the child.
If the parents agree on the terms and conditions of joint custody, an agreement must be signed, and the court must decide joint custody is in the best interest of the child. The parent who does not have custody should receive visitation rights as long as it does not endanger the child’s well being or put the child at risk. If the child has a good and loving relationship with grandparents, they too can receive visitation rights.
In any child custody agreement, modification is possible, but parents must wait one year before a custody agreement can be changed unless there is danger to the child.
Child Support in Arizona
Either parent may be responsible for paying child support, but generally, it is the responsibility of the noncustodial parent and is based on the financial resources of the child, the child’s standard of living, and emotional and physical needs of a child.
The Arizona Child’s Support Guidelines is a booklet given out by Superior court clerks, which includes the required basis of how to calculate child support. Child support is figured based on income and expenses of the child including educational, clothing, medical insurance and gross income of the parents.