Arizona residents who are planning on getting divorced should have a thorough understanding of Arizona divorce laws before starting the process. At Hildebrand Law, PC, we understand that many of our clients don’t have a strong understanding of the typical divorce process, especially if they have never gone through a divorce before.
We encourage you to contact our firm if you have any specific questions pertaining to your divorce. In the meantime, here are a few of the more important Arizona divorce laws to keep in mind.
Arizona Is a “No-Fault” Divorce State
This is one of the first Arizona divorce laws you’ll have to deal with if you plan on filing for a divorce in this state. Some states allow for spouses to file for divorces based on the wrongful actions of one spouse. In Arizona, spouses cannot detail their spouse’s wrongdoing in their divorce petition. Many couples find that this is not an issue since the majority of marriages end based on irreconcilable differences. However, if your spouse acted wrongly in some way, this factor might play a role when child custody and/or alimony is awarded.
Couples May File for a Legal Separation If They Do Not Wish to Get Divorced
Arizona allows for couples to get legally separated, either before they are divorced or in lieu of a divorce. In order for a legal separation to proceed, at least one spouse must be a resident of Arizona and both spouses must agree to the separation.
Arizona Is Considered a “Community Property State”
Personal property is divided based on “community property” standards during a divorce in Arizona. This states that any income either spouse earned during the marriage, along with any assets that either spouse acquired during the marriage, legally belongs to both spouses equally. This property will be divided equally during a divorce proceeding unless both spouses come to an agreement about the division of their property.
There Is a Residency Requirement in Arizona
Arizona divorce laws state that at least one spouse must have been a resident of Arizona for at least 90 days before filing for a divorce. Spouses may reside in different states.
Court Determine Child Custody Based on the Best Interest of the Child
This standard holds true not only in divorce laws in Arizona, but in divorce legislation across the country. Like many state courts, Arizona judges tend to favor child custody agreements that allow children to have contact with both parents. However, if one parent is clearly unfit to provide adequate care, the court will take this into consideration when awarding custody.
Contact a Divorce Lawyer Today
If you’re planning on getting divorced from your spouse, don’t hesitate to reach out to our law firm for legal counsel. We are very familiar with divorce laws throughout the state and we have helped countless clients through their divorces.
For more information about Arizona divorce laws, or to schedule a meeting with a lawyer who may help guide you through your divorce, contact Hildebrand Law, PC today at (480) 305-8300.