Divorce is referred to as a dissolution of marriage in the state of Arizona. Unlike many other states, Arizona has two different sets of requirements depending on the type of marriage that was practiced. There are also specific laws involving the time frame of divorce, division of assets and determination of spousal support and child custody.
Requirements
To file for a dissolution of marriage in Arizona, one of the parties must have lived in the state or been stationed there for the military for at least 90 days. Both parties can agree that the marriage is broken and obtain a no-fault dissolution of marriage. If the parties cannot agree that the marriage is broken, the court will decide if it is. According to Lawyers.com, Arizona introduced a higher standard of marriage in 1998 referred to as a covenant marriage. This type of marriage has limited grounds for divorce. A dissolution of marriage for a covenant marriage can only be obtained in situations such as adultery or at least one year of abandonment of the spouse filing for dissolution. Other factors include physical or sexual abuse, separation of at least two years or substance abuse.
Process
If both parties cannot agree that the marriage is broken, a hearing is scheduled so the court can make the decision. A divorce cannot be granted until at least 60 days after the respondent spouse is served with the divorce papers. Among the necessary documents needed in Arizona are Petition for Dissolution of Marriage and Decree of Dissolution of Marriage, along with several other forms depending on the nature of the divorce. Once the dissolution of marriage is made official, the court can order that any maiden name be restored to the spouse who took the married name.
Assets
Arizona seeks to divide property and debts equally if no prior agreement has been established between the two parties. Property obtained before the marriage and kept separate from the marriage is not included in the division. The court will take into account the needs and resources of each spouse.
Spousal Support
Spousal support, also referred to as alimony, can be agreed to by both parties or decided by the court. Factors used to determine spousal support include a lack of property, an inability of financial independence and whether one spouse's care for any minor children makes working impossible. The duration of spousal support depends on the standard of living established during the marriage, the length of the marriage and the earning and needs of both parties.
Child Custody and Support
If parents cannot come to an agreement regarding child custody and child support, the court will decide using factors such as the parents' wishes, child's wishes, child's relationship with parents and adjustment to current home and school. The health of everyone involved will also be considered, along with a determination of which parent is more likely to allow visitation for the other. According to Divorce Source, Arizona uses an Income Shares Model to figure out child support payments. This method involves examining past W-2 forms and dividing monthly support according to income, in addition to considering the child's needs and parent's financial resources. Child support ends when the child reaches age 18, unless he is still in high school, in which case support ends when he finishes high school. Support can also continue if the child is disabled and the disability began when he was still a minor.
