Divorce law in Arizona is governed by the provisions of Title 25 of the Arizona Code. These statutory provisions establish the two types of divorces that can be pursued in the state. In addition, these laws direct the manner in which the custody of children is decided as well as how the distribution of assets and debts occurs.
No-Fault Divorce
Arizona statutes permit you the ability to file what is known as a no-fault divorce, according to Divorce Source. To obtain a no-fault divorce in Arizona, you must demonstrate that your marriage suffers from irreconcilable differences. In other words, you and your spouse no longer can live together as husband and wife, and there is no reasonable chance for reconciliation.
Fault Divorce
Arizona statutes also allow you the ability to pursue a fault divorce, according to Divorce Source. By filing a fault divorce you must demonstrate that your spouse is guilty of some sort of misconduct or wrongdoing. Examples of wrongdoing sufficient to support a fault divorce in Arizona include committing adultery or a felony, abandonment or physical abuse.
Custody
Arizona law requires a court to consider what is in the best interests of the child when making decisions regarding child custody, according to Divorce Law Info. Determining the best interests of the child requires a consideration of factors that include which parent traditionally provided primary care for the child, the overall physical and mental health of the parents and the child and the type of residence maintained by each of the spouses.
Assets And Debts
Arizona statutes establish a community property standard for the distribution of property, according to Divorce Source. Therefore, if you file for divorce in Arizona, the presumption is that you and your spouse will be required to divide assets and debts equally. In other words, both you and your spouse will receive 50 percent of marital assets and 50 percent of marital debt through the divorce process.
