Divorce laws in Arizona are found in Arizona Revised Statutes, Title 12. These statutory provisions govern all aspects of marriage dissolution in Arizona, including establishing the two divorce options available to residents of the state. In addition, Arizona Revised Statutes establish how property and debt as well as child-related issues are resolved in divorce proceedings.
Functions
The functions of Arizona divorce laws include providing procedures through which a couple can terminate a marital relationship, according to Divorce Source. Moreover, the functions of Arizona divorce laws include providing mechanisms and standards through which other issues relating to the marriage can be resolved. These include division of assets and debts as well as dealing with issues relating to children born during the marriage.
No-Fault Divorce
Arizona Revised Statutes contain procedures for a no-fault divorce. A no-fault divorce is a process that does not require a demonstration that a spouse is guilty of any wrongdoing. Rather, if you seek a no-fault divorce in Arizona you must demonstrate irreconcilable differences. Irreconcilable differences mean that the objectives of marriage no longer can be met in your relationship and there is no reasonable prospect for reconciliation.
Fault Divorce
The Arizona statutes also permit fault divorce. Through fault divorce you demonstrate that your spouse is guilty of marital wrongdoing. Examples of wrongdoing sufficient to support a fault divorce are established in Arizona Revised States, and include adultery, imprisonment, abandonment, abuse or habitual abuse of drugs or alcohol.
Agreement of Parties
Arizona law expresses a preference for settlement of divorce cases, according to Divorce Source. Therefore, you and your spouse possess the right to attempt a negotiated resolution of your case. Provided your settlement is fair and reasonable, the court will approve your agreement and make it a part of the divorce decree.
Property Distribution
Pursuant to Arizona Revised Statutes, the state utilizes a community property standard in dividing the assets and debts of the marriage. Consequently, if you and your spouse do not reach an agreement, the court divides your assets and debts equally.
Children
Arizona law utilizes the best interests of the child standard in determining issues relating to custody as well as parenting time or visitation. Factors included in establishing what is in the best interests of the child include considering which parent historically provided primary care for the child, the overall mental, and physical health of the parents and child and the the preferences of the parties.
Warning
Arizona divorce laws and procedures are complex. Finding yourself facing a divorce in Arizona, consider engaging the assistance of an experienced divorce lawyer. The State Bar of Arizona maintains a directory of attorneys who practice in different areas of the law, including divorce lawyers.
