Arizona Divorce Laws- Dissolution of Marriage

You really haven't lived until you've made it through the divorce process (okay, we're kidding). In most cases it will be one of life's greatest challenges.

Don't despair though, we aim to make the experience a little less stressful. Now take a deep breath. If nothing else, we'll give you some answers and ease your anxiety.

Arizona Child Support

Arizona child support laws don't seem to address one of the most frustrating aspects of divorce in general. Marital misconduct plays little or no role in court rulings with regard to child support, custody, divorce settlement, alimony and other considerations. The guilty never seem to get punished and the innocent (or less guilty?) suffer.

The divorce laws in Arizona provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

The laws that govern dissolution in this state permit the court to apply child support rules retroactively. Family courts are expected to include any child support previously paid in their considerations. Retroactive child support is enforceable in the same manner that forward child support is. If you have lived apart before the date that you filed for divorce, the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing.

AZ child support guidelines determine the amount of child support to be paid. These guidelines are universally applied. It bases the guidelines and criteria for any deviation from them on all relevant factors, including:

	The financial resources and needs of the child,
	The financial resources and needs of the custodial parent,
	The standard of living the child would have enjoyed had the marriage not been dissolved,
	The physical and emotional condition of the child, and the child's educational needs,
	The financial resources and needs of the non custodial parent,
	The medical support plan for the child,
	The duration of parenting time and related expenses.
	Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common,
	The duration of parenting time and related expenses.

Don't bounce a check. Really. Don't. If a personal check for support payments is dishonored by the payer bank, the person obligated to pay support must make all subsequent support payments only by cash, money order, cashier's check, traveler's check or certified check. You can get back in good graces if you demonstrate timely payment for twenty-four consecutive months in the alternative payment method, meaning that after the 24 months of timely payment of child support by other than a check, that person may pay support by personal check if these payments are for the full amount and are on time.

If you are the recipient of the AZ child support, and you fail to notify the clerk (or support repository) if you move, and they are unable to locate you so that funds may be forwarded to you, these people are obligated by law to return the payments to the the payer (your ex). A family court order for AZ child support assigns responsibility for the payment of any medical costs of the child that are not covered by insurance. The state's divorce laws require that person assigned to notify the child support payment clearinghouse if the child is no longer covered under an employer's insurance plan.

The child support payment clearinghouse then notifies the child support enforcement agency in the department of economic security of the lapse in insurance coverage. Those ordered to pay child support must notify any any all licensing boards or agencies that issue professional, recreational or occupational licenses or certificates to that person their social security number, and these boards or agencies must keep that information on file in order to aid the department of economic security in locating parents or their assets or to enforce child support orders. In the final analysis, they will get their man (or woman).

Divorce laws in Arizona provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

Arizona child support guidelines are governed by the state’s Division of Child Support Enforcement Arizona (DCSE). This office assists both custodial and non-custodial parents. Arizona child support ends at age 18, or when the child graduates from high school, whichever occurs later.

To see approximately how much child support might be due in your case, use the Arizona Child Support Calculator.

Arizona Child Custody

Arizona laws, much like other other U.S. state custody laws, require the court to determine child custody in accordance with the best interests of the child. You will be given the opportunity to put together a Parenting Plan, which will include a Visitation Schedule and Child Custody

Agreement, and if you are unable to reach agreement with your divorcing spouse, the court will impose its own plan(s). The court may consider all relevant factors, including the following guidelines:

1. The wishes of the child's parent or parents as to custody.
2. The wishes of the child as to custody
3. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest
4. The child's adjustment to home, school and community
5. The mental and physical health of all individuals involved
6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.
7. If one parent, both parents or neither parent has provided primary care of the child
8. The nature and extent of coercion or duress used by a parent in obtaining a child custody agreement
9. Whether a parent has complied with the educational program regarding children and divorce that is required by Arizona laws 
10. The child custody agreement or lack of a one by the parents regarding joint custody.
11. A parent's lack of agreement is unreasonable or is influenced by an issue not related to the best interests of the child.
12. 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.
13. Whether the joint custody agreement is logistically possible.
    

AZ courts, after examining the details, may award sole custody or joint custody 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. The Arizona child custody laws do not create preferred manner of custody between two parents, and do not favor one gender over another (The truth is, is that in more than 85% of cases, women get awarded primary custody).

In many cases, a mother must be proven to be fit for the courts to award the father primary custody. The court may award joint custody of a child if both parents agree and submit a written Parenting Plan and the court finds that joint custody is in the best interests of the child. The court can order joint legal custody without ordering joint physical custody. Should the court award joint custody over the objection of one parent, the court will issue a written finding as to it's reasoning for such awards. Joint custody may not be awarded if the court makes a finding of the existence of significant domestic violence or if the court finds by a preponderance of the evidence that there has been a significant history of domestic violence.

The parents must submit a parenting plan setting out each parent's rights and responsibilities for the following:

• The personal care of the child and for decisions in areas such as education, health care and religious training;
• A physical custody schedule for the child, including holidays and school vacations;
• 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;
• A procedure for periodic review of the terms of the parenting plan by the parents; and
• A statement that the parties understand that joint custody does not necessarily mean equal parenting time.

The court may consider evidence of domestic violence as being contrary to the best interests of the child. If the court determines that a parent who is seeking AZ child custody has committed an act of domestic violence against the other parent, there is a refutable presumption that a child custody award to the parent who committed the act of domestic violence is contrary to the best interests of the child. This presumption does not apply if both parents have committed an act of domestic violence. The court may place restrictions upon a parent who it finds has engaged in acts of domestic violence, if it finds that doing so is in the best interest of the child. 

Visitation
Co Parenting

The term visitation in a divorce with children is giving way to the more popular term "parenting time". During the custody hearing portion of a legal separation or dissolution, the parents are given the opportunity to construct a parenting plan and visitation schedule that both agree to. 

If the parents are unable to agree, the court will impose its own judgment using visitation guidelines which customarily gives the non-custodial spouse parenting time every other weekend (or 1st and 3rd weekends of every month or 2nd and 4th), a non-overnight weekday evening, alternating holidays, Mother's and Father's Days, and four or more weeks in the summer. Arizona family courts must apply the "best interests of the child" standard.

In the absence of a legally compliant agreement, the court will determine the visitation rights of a noncustodial parent, ordering 'reasonable' visitation when the parents agree that they will be able to determine a fair schedule without the court's help. This method only works when both parents are generally agreeable. If you suspect that you'll have difficulties with your spouse putting together a Visitation Schedule, you should insist on a schedule and Parenting Plan where the details are spelled out. Should you find after the divorce is final that your ex is uncooperative on a visitation schedule, you can return to court and request relief.

Should you return to court asking for such relief, and the court finds the visitation interference charges to be true and without good cause, AZ statute 25-414 allows the court any of the following remedies:

	Find the violating parent in contempt of court.
	Order visitation or parenting time to make up for the missed sessions.
	Order parent education at the violating parent's expense.
	Order family counseling at the violating parent's expense.
	Order civil penalties of not to exceed one hundred dollars for each violation. The court shall transmit monies collected pursuant to this paragraph each month to the county treasurer. The county treasurer shall transmit these monies monthly to the state treasurer for deposit into the alternative dispute resolution fund established by section 12-135.
	Order both parents to participate in mediation or some other appropriate form of alternative dispute resolution at the violating parent's expense
	Make any other order that may promote the best interests of the child or children involved.
	a. Within twenty-five days of service of the petition the court shall hold a hearing or conference before a judge, commissioner or person appointed by the court to review noncompliance with a visitation or parenting time order
	b. Court costs and attorney fees incurred by the non violating parent associated with the review of noncompliance with a visitation or parenting time order shall be paid by the violating parent. In the event the custodial parent prevails, the court in its discretion may award court costs and attorney fees to the custodial parent.

Spousal Support
Alimony
Maintenance

Alimony…to be or not to be? The arguments continue about alimony while it remains a part of many divorces. Recipients of alimony should be thankful AZ family laws are unlike Texas statutes in one respect. Alimony in Texas is intended to be rehabilitative and brief, usually ending after three years.

Family Courts may grant a spousal support order for either partner for any of the following reasons if it finds that the spouse seeking maintenance:

	Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs.
	Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient.
	Contributed to the educational opportunities of the other spouse.
	Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.

The spousal support order will be in an amount and for a period of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors, including:

	The standard of living established during the marriage,
	The length of the marriage,
	The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance,
	The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking alimony,
	The comparative financial resources of the spouses, including their comparative earning abilities in the labor market,
	The contribution of the spouse seeking spousal support to the earning ability of the other spouse,
	The extent to which the spouse seeking spousal support has reduced that spouse's income or career opportunities for the benefit of the other spouse,
	The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children,
	The financial resources of the party seeking spousal support,
	The time necessary to acquire sufficient education or training to enable the party seeking spousal support to find appropriate employment,
	Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community property held in common,
	The cost for the spouse who is seeking spousal support to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought,
	All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.

Grounds For Divorce

The possible grounds for divorce from a covenant marriage are as follows:

	Adultery,
	Imprisonment,
	Abandonment,
	Sexual or Physical Abuse,
	The spouses have been living separate and apart continuously without reconciliation for at least two years before,
	The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered,
	Drug or Alcohol Abuse, or
	The husband and wife both agree to a dissolution of marriage.

Marriage Annulment
Marital Annulment

In a marriage annulment, the court declares that the marriage never took place. The major difference between divorce and annulment is that divorce is the termination of marriage whereas annulment is a legal decree declaring a marriage void. A judgment of annulment  cancels the marriage, almost as though it never occurred. Many people incorrectly believe that annulment is available only when the marriage is of very short duration or if the parties have not yet consummated the marriage. An annulment is the ending-up of an already void marriage. The grounds for annulment in Arizona are:

	Fraud or Misrepresentation- If a partner has been involved in any fraud or attempt to misrepresent him/herself, Arizona accepts that as a ground for annulment,
	Addiction- An addiction to drugs or alcohol can be grounds for a marital annulment
	Concealment of Disease- If either is afflicted with a sexually transmitted disease, that can trigger an annulment, and
	Impotency- Or an inability to consummate the marriage- is grounds for a marriage annulment.

Void or prohibited marriages

Marriages between parents and children, or grandparents and grandchildren, between sisters and brothers, between uncles and nieces, aunts and nephews and between first cousins, is prohibited and void by state statute. Marriage between persons of the same sex is void and prohibited. First cousins may marry as long as they are at least 65 years of age.   Read more on annulment

Mediation
Marriage Counseling

Prior to the filing of an action for annulment, dissolution or legal separation, either or both spouses may file a petition invoking the conciliation provisions of Arizona divorce laws for the purposes of preserving the marriage, or for an amicable settlement of the controversy between the spouses in order to avoid unnecessary litigation. Mediation can save you time, money and aggravation. If the court believes it may be useful it can suggest marriage counseling. Courts can order mediation if it determines that mediation may result in a more satisfactory settlement between the parties. Less disagreement nearly always means less legal expense. If there is a protective order (restraining order) in place, they court may not order mediation unless the object of the protection agrees. Marriage counseling may be recommended if it appears it will provide some sort of benefit. 

In an action for dissolution of marriage, the court will require that the parties complete an educational program as provided for by the superior court in each county under statute 25-352. Should a party not complete, or refuse to complete the educational program, the court may find that person in contempt of court or impose any reasonable sanction.        

Legal Separation
Marriage Separation

You can file for an Arizona Legal Separation in this state if you want to live a separate life from your spouse. You both need to be residents of AZ to file this petition. The Legal Separation (or sometimes called a marriage separation) will separate the property and debts of the parties so you will no longer be legally responsible for your spouse, and it decides child custody, visitation schedules and child support issues. Legally you will still be married, and will need a divorce (dissolution) in order to marry again.

A marriage separation is frequently pursued when one of the parties wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for income tax reasons, wants to maintain various insurance coverage's, or do not want to wait the state statutory waiting period to be divorced. If a legal separation has been decreed, the family court may make further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deems appropriate. Filing a legal separation when you know there will ultimately be a final dissolution will only add to your legal expense. In cases like this, a legal separation should be bypassed in favor of a final divorce decree.

A petition for legal separation will be granted if all of the following conditions are met:

	Any petition based on a transfer of action to conciliation court under statute 25-381.09 has been resolved
	One of the parties, at the time divorce papers were filed, was a resident of this state or is stationed in this state as part of the armed forces.
	The marriage is irretrievably broken, one or both with to live separately or apart, or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-904.
	The other party does not object to a legal separation, or if the other party objects to a separation, the family court will direct that the pleadings be amended to seek a dissolution of the marriage.
	The family court has addressed and made provisions for child custody, child support, spousal support and division and settlement of marital assets and debt.

If you have children, you'll need a Parenting Agreement drawn up, acceptable to the Family Court.

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Waiting Period

If any filing for divorce in Arizona is 'easy', it's when both parties agree on everything, there were no children from the marriage, few if any assets and a Parenting Agreement including a Visitation Schedule were worked out amicably.  

Grandparents Rights Visitation

At the discretion of the court, grandparents may be awarded visitation privileges of minor grandchildren. You should consider having details of grandparents  visitation in place before the final decree gets gaveled, otherwise, it may be back to court you go (more legal fees). Involved grandparents can expect the courts, in general, to be favorable to petitions requesting time with the children. It goes without saying that a good relationship is always better than a court order. The shame is that a fairly high percentage of these  cases experience alienation from the custodial parent. One recent study suggested 1/2 of all kids questioned replied affirmatively when asked if their Mother interfered in their visitation.         

Divorce Settlement
Distribution of Assets

Arizona is an equitable distribution state. Equitable distribution means that the court will divide the marital property between the parties as it deems equitable and just, without regard to fault. You and your spouse will reach a property settlement, or the court will do so for you. Divorce laws in Arizona mandate that the court make the division in what it considers a fair way, although that may not mean equally. Factors the court will consider in dividing the property include:

	The length of the marriage,
	The age and health of the parties,
	The earning capacity of the parties,
	The financial condition of the parties,
	The conduct of the parties, including whether there has been an unreasonable depletion of marital assets,
	The desirability of awarding the family home, or the right to live in it for a reasonable period of time to the party with custody of the child, if any,
	The circumstances and necessities of each party,
	The time and manner of acquisition of the property in question and
	The income producing capacity of the property and the value of the property at the time of division.

Section 25-317 of Arizona revised statutes contains an important passage as it relates to setting up your own Parenting Plan. It gives you and your spouse the ability to avoid a court-ordered plan and construct your own. The passage reads: '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, 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.'   

Residency Requirements

At least one of the parties to the action for dissolution of marriage must have established residency in the State of Arizona for at least ninety (90) days prior the filing of the action.    

How to file for divorce yourself DIY Divorces

Whether or not you choose to file for dissolution, separation or annulment largely depends on your situation, its simplicity, and your desire to wade through the process. Experts generally recommend against these actions with legal guidance.

How much does it cost and where do I file divorce papers?

The Petition for dissolution of marriage, Petition for legal separation or Petition for annulment in Maricopa county is $321.00 as of this writing. Check with your local Superior court.

To get a divorce, one of you must start a court case in the Superior Court in the county where you live. For the petition to be accepted, one of you must have lived in Arizona for at least 90 days or have been a member of the armed forces stationed in Arizona for at least 90 days.

Are these filings fees paid up front?

Yes, the fee(s) must be paid when you file the divorce papers. You will file them with the Superior Court clerk, who will check your papers, assign a case number to your divorce and file-stamp all of the documents.

What forms will you need?

	Summons- This informs your spouse that the case has been filed and advises action by the Respondent is necessary.
	Notice of Right to Convert Health Insurance- This informs your spouse that there are rights and responsibilities regarding any existing health care insurance policy.
	Joint Preliminary Injunction- informs your spouse that a court order has been established that automatically takes effect and prohibits both spouses from doing certain things involving money, property, children and insurance until the court can decide any issues involved or until you two have agreed on all issues.
	Creditor Notice- State law requires that each of you receive a notice advising about rights and responsibilities regarding debts acquired during the marriage.

Bring three signed copies with you when you file divorce papers with the court. Pay attention to what forms need a notary signature and have that done prior to filing your divorce papers. There may be additional forms to be filled out with the Clerk (Civil Cover Sheet, Minor children, etc).

What are the steps?

After the Clerk has checked over and accepted your divorce papers, you will need to have your spouse served. State law prohibits you from serving the papers. Ask the Clerk who they suggest you pay to serve the filing (Sheriff, professional server, etc). The court will notify you what the next step will be once they receive your spouses's response. If no response is made, you likely will be eligible for a default divorce, and you will be divorced fairly quickly. If your spouse responds, additional fees will be due, and a hearing date will be set.

A word on the Settlement Agreement- If there is a place where the process gets bogged down, it is resolving marriage settlement issues. They must be resolved and agreed upon to move your divorce filing to a successful conclusion (without legal fees). The issues are:

Equitable Distribution of Assets
Equitable Distribution of Liabilities
A parenting or co-Parenting Plan
What the Visitation Agreement will be
Child Support
Spousal Support (Alimony)

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