Obtaining a divorce is a legal process that can usually be done without the aid of an attorney. However, complex divorces--such as when the divorce is contested, or when children or substantial property is involved--should be handled with a lawyer. Arizona divorces are handled in family court, and may only be initiated if one or both parties are legal residents of Arizona at the time the divorce petition is submitted.
Fault vs. No-Fault
Arizona is a one-party, no-fault divorce state, which means that a divorce may be initiated by only one party who affirms that the marriage is irretrievably broken. There is no evidentiary requirement, and stating ones belief that the marriage cannot be rehabilitated is sufficient grounds to obtain a divorce. Alternatively, the divorcing party may allege one of several causes for a for-fault divorce, such as adultery, commission of a felony, abandonment, abuse, or drug or alcohol abuse. While these for-fault divorce grounds no longer have any effect on the divorce decree, the court may take these grounds into account when making determinations on items such as child custody, property division or spousal support.
Covenant Marriage
Arizona also performs covenant marriages in addition to traditional marriages. These marriages are more difficult to terminate and require a for-fault ground before a divorce petition is granted. However, Arizona recognizes an additional ground for terminating a covenant marriage: both parties may agree that the marriage is irretrievably broken. While this removes the ability for a single party divorce, it still permits a divorce on no-fault grounds as long as both parties consent.
Property Division
Arizona is a community property state, meaning that all property acquired during a marriage is considered to be jointly owned by both spouses regardless of the circumstances surrounding the property's acquisition. All community property will be divided equally by the court at the time of the divorce unless the parties have agreed to a different division scheme during the divorce proceedings or in a prenuptial agreement.
Support
Arizona courts may, at their sole discretion, assign spousal or child support obligations to either spouse. The court will look at the standard of living each spouse has become accustomed to during the marriage, and devise a scheme that most equitably attends to the needs of each spouse. The court will consider a number of factors in determining the support amount, including the earning abilities of each spouse, the amount of contribution provided by one spouse to another for educational pursuits, the future well-being of each spouse and any children, the financial resources of each spouse, and the physical, mental and emotional condition of each spouse.
Child Custody
Arizona courts determine child custody by taking into account the best interests of the children. The court will look not just at the ability of each parent to provide a stable home for each child, but also at the bond formed between each of the parents during the marriage. If the child is of sufficient age, the court may also permit the child to state a preference, though the court is under no obligation to take this preference into account when making its decision. Arizona courts traditionally favor joint custody in cases in which this arrangement is a possibility, believing that the unique contributions of each parent are necessary for the child to fully develop. The parents may opt to submit a parenting plan to the court with the divorce petition, but the court may substitute the agreement with its own scheme if the court does not believe that the plan is in the child's best interests.
