during the marriage is the community property of the husband and wife except for property that is:
separation or annulment does not:
respect to the management of community property except as prescribed pursuant to section 25-315, subsection A, paragraph 1, subdivision (a).
spouse, absent agreement of the property owner to the contrary.
value of that spouse’s contribution to the community property which would have been such spouse’s separate property if single.
debts incurred outside of this state during the marriage which would have been community debts if
incurred in this state.
The court shall enter a decree of dissolution of marriage if it finds each of the following:
military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage.
apply or have been met.
child decision-making, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property.
The court shall enter a decree of legal separation if it finds each of the following:
legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a
dissolution of the marriage.
court which previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse’s sole and separate property to
such spouse. It shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. For the purposes of this section
only, property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state.
the property. The court may also consider the exempt status of particular property pursuant title 33, chapter 8.
conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim or excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of
community, joint tenancy and other property held in common.
decree shall be from the date of the decree held by the parties as tenants in common, each possessed of an undivided one-half interest.
property of either party or the marital property awarded to either party in order to secure the payment of:
which the other spouse or a child was the victim.
separation, the court shall require the following statement in the materials provided to the petitioner and to be served on the respondent:
In your property settlement agreement or decree of dissolution or legal separation, the court may assign responsibility for certain community debts to one spouse or the other. Please be aware that a court order that does this is binding on the spouses only and does not necessarily relieve either of you from your responsibility for these community debts. These debts are matters of contract between both of you and your creditors (such as banks, credit unions, credit card issuers, finance companies, utility companies, medical providers and retailers).
Since your creditors are not parties to this court case, they are not bound by court orders or any agreements
you and your spouse reach in this case. On request,
who is a duly authorized
the court may impose a lien against the separate property of a spouse to secure payment of debts that
the court orders that spouse to pay.
You may want to contact your creditors to discuss
representative of (creditor). The undersigned parties agree that the debt owed by
the parties to (creditor) is to be disposed of as follows (check one):
your debts as well as the possible effects of your court The debt is the joint responsibility of the parties,
case on your debts. To assist you in identifying your creditors, you may obtain a copy of your spouse’s
credit report by making a written request to the court
with payment to be made on the following terms:
The balance of the debt is the sole responsibility of
for an order requiring a credit reporting agency to
and the creditor releases
release the report to you. Within thirty days after from any further liability for that
receipt of a request from a spouse who is party to a
debt, with payment to be made on the following terms:
dissolution of marriage or legal separation action,
which includes the court and case number of the action, creditors are required by law to provide
information as to the balance and account status of
The debt has been paid in full as of this date.
We the undersigned acknowledge this agreement. Dated: Debtor
any debts for which the requesting spouse may be Creditor’s representative
liable to the creditor. You may wish to use the following form, or one that is similar, to contact your
Date: Creditor name and Address: Within thirty days after receipt of this notice, you are requested to provide the balance and account status of any debt identified by account number for which the requesting party may be liable to you.
Name: Address: (signature)
the sole responsibility of one party.
Agreement with creditor
The parties to this agreement include and who are parties to a dissolution of marriage action filed in county superior court, Arizona, case number
Subscribed and sworn to before me this day of
, . Notary Public
by real property located in this state shall include all of the following:
of the acknowledgment, the creditor has agreed that one of the debtors assumes the sole responsibility for the debt and that the other debtor is released from any further liability on the debt.
the real property is located.
a title company authorized to do business in this state provide the requesting party with a lien search report or other documentary evidence of liens and other agreements of record in the title to the property.
finds that a party is in contempt as to an order to pay community debts, the court may impose appropriate sanctions under the law. A party must bring an action to enforce an order to pay a debt pursuant to this
subsection within two years after the date in which the debt should have been paid in full.
findings of fact and supporting conclusions of law in its decree.
employment adequate to be self-sufficient.
is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance.
maintenance to the earning ability of the other spouse.
maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
which the other spouse or child was the victim.
separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct.
appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation,
maintenance or child support proceeding, the amount that the parents shall pay for the past support of the child and the manner in which payment shall be paid, taking into account any amount of temporary or
voluntary support that has been paid. Retroactive child support is enforceable in any manner provided by law.
not been ordered by a child support order, the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal
separation, maintenance or child support. The court must first consider all relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of
process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child
support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has
and the child’s educational needs.
should include the child’s medical support needs, the availability of medical insurance or services provided by the Arizona health care cost containment system and whether a cash medical support order is necessary.
majority if all of the following are true:
as demonstrated by the fact that the child is unable to live independently and be self-supporting.
actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to subsection E of this section. Notwithstanding any
other law, a parent paying support for a child over the age of majority pursuant to this section is entitled to obtain all records related to the attendance of the child in the high school or equivalency program.
and handling fees only by cash, money order, cashier’s check, traveler’s check or certified check. If a person required to pay support other than by personal check demonstrates full and timely payment for
twenty-four consecutive months, that person may pay support by personal check if these payments are for the full amount, are timely tendered and are not rightfully dishonored by the payor bank or other
support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall not deliver further payments and shall return the
payments to the obligor consistent with the requirements of section 25-503.
subject of the support order and shall assign responsibility for the payment of any medical costs of the child that are not covered by insurance. Each parent shall provide information to the court regarding
the availability of medical insurance for the child that is accessible and available at a reasonable cost. In title IV-D cases, the parent responsible pursuant to court order for providing medical insurance for the child
shall notify the child support enforcement agency in the department of economic security if medical insurance has been obtained or if the child is no longer covered under an insurance plan.
assigned to the state pursuant to section 46-407.
medical support amount shall be paid by each parent according to the percentage assigned for payment of uninsured costs.
insurance the court shall also set an alternative cash medical support order to be paid by that parent if the child is not covered under an insurance plan within ninety days after entry of the order or if the child is no longer covered by insurance.
for filing any documents that are received through electronic transmission if the electronically reproduced document states that the copy used for the electronic transmission was certified before it was electronically transmitted.
employment at least at the applicable state or federal adult minimum wage, whichever is higher. This presumption does not apply to noncustodial parents who are under the age of eighteen and who are
attending high school.
professional, recreational or occupational licenses or certificates shall record on the application the social security number of the applicant and shall enter this information in its database in order to aid the department of economic security in locating parents or their assets or to enforce child support orders. This subsection does not apply to a license that is issued pursuant to title 17 and that is not issued by an automated drawing system. If a licensing board or agency allows an applicant to use a number other than the social security number on the face of the license or certificate while the licensing board or agency keeps the social security number on file, the licensing board or agency shall advise an applicant of this fact.
court pursuant to 42 United States Code sections 651 through 669B.
exceed the higher of five per cent of the gross income of the obligated parent or an income-based numeric standard that is prescribed in the child support guidelines.
minor child or children.
In this chapter, unless the context otherwise requires:
A.R.S. §25-403.03. Domestic Violence and Child Abuse
Notwithstanding subsection D of this section, joint decision-making shall not be awarded if the court makes a
finding of the existence of significant domestic violence pursuant to section 13-3601 or if the court finds by a preponderance of the evidence that there has been a significant history of domestic violence.
violence as being contrary to the best interests of the child. The court shall consider the safety and well- being of the child and of the victim of the act of
domestic violence to be of primary importance. The court shall consider a perpetrator’s history of causing
or threatening to cause physical harm to another person.
parent who is seeking child decision-making or to protect the child and the child’s siblings.
court determines that counseling is appropriate.
supervision, whether the parent is restrained by a protective order that was granted after a hearing.
child’s emotional development. If the parent meets this burden to the court’s satisfaction, the court shall place conditions on parenting time that best protect the child and the other parent from further harm. The court may:
supervise parenting time. If the court allows a family or household member to supervise parenting time, the court shall establish conditions that this person must follow during parenting time.
parent remain confidential.
available community resources related to domestic violence.
that a child may be the victim of child abuse or neglect as defined in section 8-201.
A.R.S. §25-500 Definitions
In this chapter, unless the context otherwise requires:
salaries, commissions, bonuses, workers’ compensation, disability payments, payments pursuant to a pension or retirement program and interest.
parenting time be determined as a part of the proceeding. When paternity is established the court may award decision-making and parenting time as provided in
section 25-408. The attorney general or county attorney shall not seek or defend any ancillary matters such as decision-making or parenting time.
parent with whom the child has resided for the greater part of the last six months shall have legal decision-making unless otherwise ordered by the court.
in regard to disputed matters of decision-making and parenting time.
13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502
through 13-1504 or 13-1602, section 13-2810, section
13-2904, subsection A, paragraph 1, 2, 3 or 6, section
13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-
3019, 13-3601.02 or 13-3623, if any of the following applies:
defendant’s spouse by blood or court order as a
parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law,
stepparent, step-grandparent, stepchild, step- grandchild, brother-in-law or sister-in-law.
the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
was previously a romantic or sexual relationship:
arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. Failure to make an arrest does not give rise to civil liability except pursuant to section 12-820.02. In order to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence. An act of self- defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this subsection.
premises. On learning or observing that a firearm is present on the premises, the peace officer may temporarily seize the firearm if the firearm is in plain view or was found pursuant to a consent to search
and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. A firearm that is owned or possessed by the victim shall
not be seized unless there is probable cause to believe that both parties independently have committed an act of domestic violence.
assault or threat or another person in the household, the prosecutor shall file a notice of intent to retain the firearm in the appropriate superior, justice or municipal court. The prosecutor shall serve notice on the owner
or possessor of the firearm by certified mail. The notice shall state that the firearm will be retained for not more than six months following the date of seizure. On receipt of the notice, the owner or
possessor may request a hearing for the return of the firearm, to dispute the grounds for seizure or to request an earlier return date. The court shall hold the hearing within ten days after receiving the owner’s or
possessor’s request for a hearing. At the hearing, unless the court determines that the return of the firearm may endanger the victim, the person who reported the assault or threat or another person in the
household, the court shall order the return of the firearm to the owner or possessor.
subsections C, D, E and F of this section.
committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of the victim including:
carries the classification prescribed in the section of this title in which the offense is classified. If the defendant committed a felony offense listed in subsection A of this section against a pregnant victim and knew that the victim was pregnant or if the defendant committed a felony offense causing physical injury to a pregnant victim and knew that the victim was pregnant, section 13-709.04, subsection B applies to the sentence imposed.
You have been convicted of an offense included in domestic violence. You are now on notice that:
probation and may be incarcerated as a condition of probation.
term of incarceration.
Rules of Family Law Procedures can be found online at www.supreme.state.az.us/rules/ramd_pdf/R-05-0008.pdf, but here are some of the most commonly used rules for your convenience. If you read the rules from the Internet, make sure you are reading the current year’s rules, because they change from time to time, usually in January. If you have any...Read More >