Child
Support
 According
to Arizona divorce laws, child support
can be ordered and awarded in divorce, separation
or child support proceedings without any
regard to marital misconduct.
The court has the latitude 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's divorce laws establish 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 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 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’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 here and print out the form.
| Divorce Myth: Living together before marriage is a good way to reduce the chances of eventually divorcing. Reality: Many studies have found that those who live together before marriage have a considerably higher chance of eventually divorcing. The reasons for this are not well understood. In part, the type of people who are willing to cohabit may also be those who are more willing to divorce. There is some evidence that the act of cohabitation itself generates attitudes in people that are more conducive to divorce, for example the attitude that relationships are temporary and easily can be ended. |
Residency 
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.
Child
Custody
 The court determines child custody, either originally or on petition for modification. Best interests of the child governs. Some of what the court considers include: 1.) The wishes of the child's parent or parents as to child custody, 2.) The wishes of the child as to the custodian, 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.) Whether 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 an agreement regarding custody, 9.) Whether either parent was convicted of an act of false reporting of child abuse or neglect
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.
The court may issue an order for joint child 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.
| Divorce Myth: Because people learn from their bad experiences, second marriages tend to be more successful than first marriages. Reality: Although many people who divorce have successful subsequent marriages, the divorce rate of remarriages is in fact higher than that of first marriages. |
Grounds for Divorce
 The grounds for divorce or dissolution of a non covenant marriage is an "irretrievable breakdown of the marriage." Arizona divorce statutes provide for fault and No-Fault grounds.
The marriage is irretrievably broken (the
no-fault ground for divorce) or, if the marriage is a covenant marriage (Arizona recognizes what is considered a "more committed" form of marriage called a "Covenant Marriage") the possible grounds for a covenant marriage (limited reasons to get a divorce) are as follows: 1.) Adultery, 2.) Imprisonment, 3.) Abandonment, 4.) Sexual or Physical Abuse, 5.) The spouses
have been living separate and apart continuously 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.
Mediation
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 law for the purposes of preserving the marriage, or for an amicable settlement of the controversy between the spouses in order to avoid unnecessary litigation.
Alimony
 Alimony...to
be or not to be? The arguments continue about alimony while it continues to be a part of many divorces. 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.
The maintenance 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 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.
If both parties agree, the maintenance order
and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified. Alimony can be critical for the spouse needing temporary support until they can develop an alternate income.
Waiting
Period
 There
is a sixty day (60) day waiting period from the date the Respondent was served or accepted service of process before the court will grant a dissolution of marriage decree. In other words, hold your horses, folks. If the divorce is to last a lifetime (or the remainder of one), you can wait 60 days.
Divorces that get completed in just a few months are almost always those where the couple had no children and few if any assets. If you're shooting for a "quickie" divorce you and the soon-to-be will need to agree on everything and have the proper paperwork submitted before it can be finalized. If you have kids and/or assets, buckle in. It's going to be a long haul in all likelihood.
| Divorce Myth: Because they are more cautious in entering marital relationships and also have a strong determination to avoid the possibility of divorce, children who grow up in a home broken by divorce tend to have as much success in their own marriages as those from intact homes. Reality: Marriages of the children of divorce actually have a much higher rate of divorce than the marriages of children from intact families. A major reason for this, according to a recent study, is that children learn about marital commitment or permanence by observing their parents. In the children of divorce, the sense of commitment to a lifelong marriage has been undermined. |
Grandparents
Rights
The court may grant the grandparents of the
child reasonable visitation rights to the child during the child's minority if it finds that the visitation rights would be in the best interests of the child
and any of the following is true:
The court may also grant the great-grandparents of the child reasonable visitation rights on a finding that the great-grandparents would be entitled to such rights if the great-grandparents were grandparents of the child. In general,the court will consider the historical relationship between the child and the grandparent, the motivation of the grandparent and the motivation of the person denying visitation, the amount of time requested, and the benefit the child might experience if visitation is granted.
Dividing Assets
 Personal
property that is brought into the marriage, acquired through gift, or received
as personal by joint agreement with the other spouse, is the separate property of that spouse. That property will be set aside before dividing marital assets. Similarly, assets acquired after service has been made (you or your spouse were served notice of the divorce) in a divorce petition are also excluded. Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? 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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