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. If you're having a tough time coping, perhaps you should view this page first.

Child Support

Arizona divorce 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.

Arizona divorce statutes 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 divorce laws permit the court to apply state child support guidelines retroactively. 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 of the filing 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.

Arizona has established guidelines for determining the amount of child support. These guidelines are universally applied. It bases the guidelines and criteria for any deviation from them on all relevant factors, including: 1.) The financial resources and needs of the child, 2.) The financial resources and needs of the custodial parent, 3.) The standard of living the child would have enjoyed had the marriage not been dissolved,

4.) The physical and emotional condition of the child, and the child's educational needs, 5.) The financial resources and needs of the non custodial parent, 6.) Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common, 7.) The duration of parenting time

• Arizona Child Support Calculator
• Arizona Self-Representation/
• Arizona Family Law Self-Help Center
• Arizona Coalition Against Domestic Violence
• Child Support Enforcement Abroad
• Arizona Family Law page
• AzLawHelp.org
• Facts You Should Know About Arizona Divorces
• Covenant Marriage In Arizona
• Read State Laws
• Ross-Blakley Law Library
• State Fact Sheets for Grandparents and Other Relatives Raising Children

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 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).

An order for child support assigns responsibility for the payment of any medical costs of the child that are not covered by insurance. Arizona divorce laws require that person assigned to notify the support payment clearinghouse if the child is no longer covered under an employer's

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insurance plan. The 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).

Arizona divorce laws 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’s child support regulations are governed by the state’s Division of Child Support Enforcement Arizona (DCSE). This office assists both custodial and non-custodial parents. To complete an application from home, go to the web page via the link above.

Are you just starting out with divorce, and need a blueprint, or guidance, on what to do and NOT do? Things your attorney may not tell you? Allow a Killer Divorce Attorney and a top Marriage Psychologist show you exact steps how to become happily divorced.

Child Custody

Arizona laws, much like other U.S. state custody laws, require the court to determine child custody in accordance with the best interests of the child. 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

Arizona courts, after examining the details, may award sole custody or joint custody. The child custody laws in Arizona do not create preferred manner of custody between two, 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. The court can consider any or all of the following:

1. The custody agreement or lack of a custody agreement by the parents regarding joint custody.
2. 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 agreement is logistically possible.

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 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 custody of the child 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.

Are you just starting out with divorce, and need a blueprint, or guidance, on what to do and NOT do? Things your attorney may not tell you? A Killer Divorce Attorney and one top Marriage Psychologist show you exact steps how to become happily divorced.

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Visitation/Co-Parenting

The term visitation in Arizona divorce laws is giving way to the more popular term "parenting time". The notion that the time the non-custodial parent is allowed to be with the child has not evolved. Allowed? During the custody hearing portion of a separation or dissolution, the parents are given the opportunity to construct a parenting plan that both agree to.

If they are unable to agree, the court will impose its own judgment, which customarily gives the non-custodial

parent 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. That having been said, Arizona courts must apply the "best interests of the child" standard. Scrutiny of a party's behavior during the marriage, preceding the marriage or following a divorce or legal separation can be relevant in determining a child's best interests, however.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

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Alimony/ Maintenance/ Spousal Support

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 Arizona family laws are unlike Texas statutes in one respect. Alimony in Texas is intended to be rehabilitative and brief, usually ending after three years.

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

a. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. b. 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. c. Contributed to the educational opportunities of the other spouse. d. Had a marriage

of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece. The maintenance order (also known as a 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: 1.) The standard of living established during the marriage, 2.) The length of the marriage, 3.) The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance, 4.) The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse

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seeking maintenance, 5.) The comparative financial resources of the spouses, including their comparative earning abilities in the labor market, 6.) The contribution of the spouse seeking maintenance to the earning ability of the other spouse, 7.) The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse, 8.) The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children, 9.) The financial resources of the party seeking maintenance, 10.) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, 11.) Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community property held in common, 12.) The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought, 13.) 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

without reconciliation for at least two years before, 6.) 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, 7.) Drug or Alcohol Abuse, or 8.) The husband and wife both agree to a dissolution of marriage

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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

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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.

Marriage Counseling/
Mediation

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

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Legal Separation/ Marital 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 Arizona to file this petition. The Legal Separation (or sometimes called a marital separation) will separate the property and debts of the parties so you will no longer be legally responsible for your spouse, and it decides custody, visitation and child support issues. Legally you will still be married, and will need a divorce (dissolution) in order to marry again. Legal 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 for termination of marital status.If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed, the 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.

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You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com, where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.

Waiting Period

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Grandparents Rights

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 (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.

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

Arizona is an equitable distribution state. You and your spouse will reach a property settlement, or the court will do so for you. Equitable distribution means that the court will divide the marital property between the parties as it deems equitable and just, without regard to fault. Arizona divorce laws 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: 1. The length of the marriage, 2. The age and health of the parties, 3. The earning capacity of the parties, 4. The financial

condition of the parties, 5. The conduct of the parties, including whether there has been an unreasonable depletion of marital assets, 6. 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, 7. The circumstances and necessities of each party, 8. The time and manner of acquisition of the property in question and 9. The income producing capacity of the property and the value of the property at the time of division. Did you come into this marriage owning a house? Concerned about the

equity in that house that you brought into the marriage? Worried that a pre-marital property will become part of a divorce settlement? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.

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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.

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