Divorce Statutes in Arizona- Dissolution of marriage

Custody determinations will be made by the court, as defined by Arizona Revised Statutes §25-402

Arizona Divorce Statutes §25-403.01 Sole and joint custody

A. In awarding child custody, the court may order sole custody or joint custody. This section does not create a presumption in favor of one custody arrangement over another. The court in determining custody shall not prefer a parent as custodian because of that parent's sex.
B. The court may issue an order for joint custody over the objection of one of the parents if the court makes specific written findings of why the order is in the child's best interests. In determining whether joint custody is in the child's best interests, the court shall consider the factors prescribed in section 25-403, subsection A and all of the following:

     1. The agreement or lack of an agreement by the parents regarding joint custody.
     2. Whether a parent's lack of agreement is unreasonable or is influenced by an issue not related to the best interests of the child.
     3. The past, present and future abilities of the parents to cooperate in decision-making about the child to the extent required by the order of joint custody. 4. Whether the joint custody arrangement is logistically possible.
C. The court may issue an order for joint custody

Back to Top↑

of a child if both parents agree and submit a written parenting plan and the court finds such an order is in the best interests of the child. The court may order joint legal custody without ordering joint physical custody.

Arizona Divorce Statutes §25-403.02 Parenting plans

A. Before an award is made granting joint custody, the parents shall submit a proposed parenting plan that includes at least the following:      1. Each parent's rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training.
     2. A schedule of the physical residence of the child, including holidays and school vacations.
     3. A procedure by which proposed changes, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.
     4. A procedure for periodic review of the plan's terms by the parents.
     5. A statement that the parties understand that joint custody does not necessarily mean equal parenting time.
B. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child.

Arizona Divorce Statutes §25-312 Dissolution of marriage; findings necessary

The court shall enter a decree of dissolution of marriage if it finds each of the following:
1. That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage.
2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.
3. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903.
4. To the extent it has jurisdiction to do so, the court has considered, approved and made provision for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property.

Arizona divorce statutes §25-904 Decree of Legal Separation; grounds Covenant Marriage

Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of legal separation pursuant to chapter 3, article 2 of this title unless it finds any of the following:
1. The respondent spouse has committed adultery.
2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.
3. The respondent spouse has abandoned the

Back to Top↑

matrimonial domicile for at least one year before the petitioner filed for legal separation and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
4. The respondent spouse has physically or sexually abused the petitioner, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse.
5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for legal separation. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
6. The respondent spouse's habitual intemperance or ill treatment of the other spouse is of such a nature as to render their living together insupportable.
7. The respondent spouse has habitually abused drugs or alcohol.

Arizona Divorce Statutes §25-315 Dividing Assets Temporary order or preliminary injunction

A. In all actions for dissolution of marriage, for legal separation or for annulment, the clerk of the court shall pursuant to order of the superior court issue a preliminary injunction in the following manner:
1. The preliminary injunction shall be directed to each party to the action and contain the following orders:
     (a) That both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life or court fees and reasonable attorney fees associated with an action filed under this article, without the written consent of the parties or the permission of the court.
     (b) That both parties are enjoined from:
(i) Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.
(ii) Removing any natural or adopted child of the parties then residing in Arizona from the jurisdiction of the court without the prior written consent of the parties or the permission of the court.
(iii) Removing or causing to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance.
     (c) That both parties shall maintain all insurance coverage in full force and effect.

Back to Top↑

2. The preliminary injunction shall include a warning statement.

Arizona Divorce Statutes §25-211 Property acquired during marriage as community property

1. Acquired by gift, devise or descent.
2. Acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment.

A. A spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse.
B. Property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment.
C. Notwithstanding subsection B of this section and section 25-214, subsection C, a mortgage or deed of trust executed by a spouse who acquires the real property encumbered by that mortgage or deed of trust after service of a petition for dissolution of marriage, legal separation or annulment shall be enforceable against the real property if the petition does not result in a decree of dissolution of marriage, legal separation or annulment.

Arizona Divorce Statutes §25-314 Pleadings-Grounds

A. The verified petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken or that one or both of the parties desire to live separate and apart, or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903 or 25-904, whichever is appropriate, and shall set forth:
     1. The birth date, occupation, social security number if a duty of support exists or may exist pursuant to section 25-501, and address of each party and the length of domicile in this state.
     2. The date of the marriage, the place at which it was performed and whether the marriage is a covenant marriage.
     3. The names, birth dates, social security numbers and addresses of all living children, natural or adopted, common to the parties and whether the wife is pregnant.

Back to Top↑

Arizona Divorce Statutes §25-301 Annulment Grounds

Superior courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void.

Arizona Divorce Statutes §25-302 Procedure and law

A. The jurisdictional requirements and procedure for obtaining an annulment shall be the same as if the matter were one for dissolution of marriage. B. If grounds for annulment exist, the court to the extent that it has jurisdiction to do so, shall divide the property of the parties and shall establish the rights and obligations of the parties with respect to any common or adopted children in accordance with the provisions of section 25-320 and chapter 4, article 1 of this title.

Arizona Divorce Statutes §25-101 Void and prohibited marriages

A. Marriage between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins, is prohibited and void.
B. Notwithstanding subsection A, first cousins may marry if both are sixty-five years of age or older

Back to Top↑

or if one or both first cousins are under sixty-five years of age, upon approval of any superior court judge in the state if proof has been presented to the judge that one of the cousins is unable to reproduce.
C. Marriage between persons of the same sex is void and prohibited.

Arizona Divorce Statutes §25-316 Irretrievable breakdown

A. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one of the parties so states and the other does not deny it, the court shall make a finding as to whether or not the marriage is irretrievably broken.
B. If one of the parties denies under oath or affirmation that the marriage is irretrievably broken, the court shall hold a hearing to consider all relevant factors as to the prospect of reconciliation and shall do either of the following:      1. Make a finding as to whether or not the marriage is irretrievably broken.
     2. Continue the matter for further hearing, not more than sixty days later. At the request of either party or on its own motion, the court may order a conciliation conference. At the next hearing the court shall make a finding as to whether or not the marriage is irretrievably broken.
C. A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect of reconciliation.

Arizona Divorce Statutes §25-313 Decree of legal separation

The court shall enter a decree of legal separation if it finds each of the following:
1. That one of the parties at the time the action was commenced was domiciled in this state or was stationed in this state while a member of the armed services.
2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.
3. The marriage is irretrievably broken or one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-904. 4. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage. 5. To the extent it has jurisdiction to do so, the court has considered, approved or made provisions for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of the property.

Arizona Divorce Statutes §25-317 Separation agreement

A. To promote amicable settlement of disputes between parties to a marriage attendant on their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, custody and parenting time of their children. A separation agreement may provide that its maintenance terms shall not be modified.
B. In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those providing for the support, custody and parenting time of children,

Back to Top↑

are binding on the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair.
C. If the court finds the separation agreement unfair as to disposition of property or maintenance, it may request the parties to submit a revised separation agreement or may make orders for the disposition of property or maintenance.
D. If the court finds that the separation agreement is not unfair as to disposition of property or maintenance and that it is reasonable as to support, custody and parenting time of children, the separation agreement shall be set forth or incorporated by reference in the decree of dissolution or legal separation and the parties shall be ordered to perform them. If the separation agreement provides that its terms shall not be set forth in the decree, the decree shall identify the separation agreement as incorporated by reference and state that the court has found the terms as to property disposition and maintenance not unfair and the terms as to support, custody and parenting time of children reasonable.
E. Terms of the agreement set forth or incorporated by reference in the decree are enforceable by all remedies available for enforcement of a judgment, including contempt.
F. Except for terms concerning the maintenance of either party and the support, custody or parenting time of children, entry of the decree shall thereafter preclude the modification of the terms of the decree and the property settlement agreement, if any, set forth or incorporated by reference.
G. Notwithstanding subsection F, entry of a decree that sets forth or incorporates by reference a separation agreement that provides that its maintenance terms shall not be modified prevents the court from exercising jurisdiction to modify the decree and the separation agreement regarding maintenance, including a decree entered before July 20, 1996.

Arizona Divorce Statutes §25-381.24 Counseling

The conciliation court, in counties having a population of less than two hundred thousand persons according to the most recent United States census, may contract with qualified marriage and family counselors to provide counseling services.

Back to Top↑

Arizona Divorce Statutes §25-312 Residency

1. That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage.

Back to Top↑

Arizona Divorce Statutes §25-329 Waiting period

The court shall not consider a submission of a motion supported by affidavit or hold a trial or hearing on an application for a decree of dissolution of marriage or legal separation until sixty days after the date of service of process or the date of acceptance of process.

Back to Top↑

Arizona Divorce Statutes §25-905 Temporary orders for spousal support and/or spousal maintenance

A husband or wife may file a petition for legal separation or a petition for dissolution of covenant marriage at any time. The court may enter temporary orders pursuant to section 25-315 at any time after a petition for legal separation or a petition for dissolution has been filed pursuant to this chapter.

Arizona Revised Statutes §25-322 Payment of maintenance or support

A. Except as provided in section 46-441, the court shall order that maintenance or support payments be made to the support payment clearinghouse for remittance to the person entitled to receive the payments unless the parties agree otherwise.
B. The clerk of the court or the support payment clearinghouse shall maintain records listing the amount of payments, the date payments are required to be made, the names and addresses of the parties affected by the order and the name and address of the employer or employers of the party ordered to pay support or spousal maintenance.

C. Unless the court has ordered otherwise the

Back to Top↑

parties affected by the order shall inform the  clerk of the court or the support payment clearinghouse in writing on entry of the order of their residential address and within ten days of any change of address. A party ordered to pay support or maintenance shall also inform the clerk or the support payment clearinghouse in writing of the name and address of that person's employer or employers and within ten days of any change of employment. If a person fails to notify the clerk of the court or the support payment clearinghouse of a change in residential address or employment the court may hold the person in contempt of court.
D. If the person obligated to pay support has left or is beyond the jurisdiction of the court, any party may institute any other proceeding available under the laws of this state for enforcement of the duties of support and maintenance.
E. On application by any person entitled to receive child support or spousal maintenance and for good cause shown, the superior court may direct an agency or officer of this state to disclose information and documents in the agency's or officer's possession that may assist the applicant or the court to determine the obligor's income, residence, place of employment, assets and debts, except that the residence and place of employment shall not be disclosed if the court finds the obligor has been the victim of domestic violence.