Top Ten Things to Know About Divorce in Arizona
Here’s the complete list of the top ten things to know about Arizona divorce:
No-Fault Divorce State
Arizona is a no-fault divorce state, meaning neither spouse needs to prove wrongdoing to file for divorce. The only requirement is that the marriage is “irretrievably broken,” with no chance of reconciliation. Additionally, you do not need an attorney to file for divorce; couples can navigate the process without legal representation, especially if the divorce is uncontested or they have access to self-help resources.
Residency Requirements
At least one spouse must have lived in Arizona for 90 days before filing. For cases involving children, the child must have lived in Arizona for at least six months for the court to have jurisdiction over child custody issues.
Community Property State
Arizona follows community property laws, which means most assets and debts acquired during the marriage are divided equally between spouses. Exceptions apply for separate property owned before the marriage or received as a gift or inheritance.
Parenting Time and Legal Decision-Making
Arizona uses the term “parenting time” rather than “custody” and encourages shared decision-making. The court typically seeks arrangements that serve the children’s best interests, focusing on cooperative co-parenting when possible.
Child Support Calculations
Child support in Arizona is calculated based on state guidelines, considering both parents’ income, the amount of parenting time, and additional expenses such as healthcare and education. The guidelines aim for a fair contribution from both parents.
Spousal Maintenance (Alimony)
Spousal maintenance, or alimony, is not automatically granted in Arizona. The court will consider factors like the length of the marriage, each spouse’s earning ability, and contributions to the other spouse’s education or career before deciding on support.
Mandatory Parenting Education Program
Parents with minor children must complete a parenting education program to help them understand the impact of divorce on children and promote cooperative parenting.
Waiting Period
Arizona has a 60-day “cooling-off” period from the date the divorce is served before the court can grant a divorce decree. This period allows spouses to reconsider or work through potential agreements.
Consent Decree Process
For uncontested divorces where both spouses agree on all issues (like asset division, parenting time, and spousal maintenance), a consent decree can streamline the divorce. This process is faster, less costly, and avoids a court hearing.
Mediation Requirement
If spouses cannot agree on parenting time or legal decision-making, Arizona courts may require mediation before a trial. Mediation helps couples resolve disputes more amicably and minimizes the need for court intervention.
These points provide a solid foundation for understanding the Arizona divorce process and preparing for each stage.
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