Are you considering a divorce in AZ? If so, it’s important to educate yourself on the topic and make a deducted decision on whether or not to retain a lawyer. Hildebrand Law, PC understands the complexities of a divorce and is ready to answer all of your questions during a free consultation. Please call our firm now.
Understanding the Divorce Laws in Arizona
When it comes to getting a divorce in AZ, there are basic rules and requirements you should know about.
Grounds for Divorce in AZ
In Arizona, either spouse has the right to file for a divorce when there is no possibility of reconciliation. This is called a no-fault divorce and requires no other grounds, or reasons, to file. On the other hand, if the marriage is considered to be a covenant, the court is required by law to discover legitimate grounds for a divorce. Covenant grounds include:
- Habitual substance abuse
- Agreement between the parties to divorce
- Commitment of a felony
- Physical or sexual abuse
To understand the complete grounds for a divorce in AZ, you are advised to speak with a lawyer.
Residency Requirement and Waiting Period
You must be an Arizona resident for a minimum period of 90 days before you can file for a divorce in Arizona. A further 60 days are required upon serving the petition for a divorce. After this time period, the court can grant a judgment.
Arizona is considered to be a community property state which means any property acquired during the marriage must be divided equally. Property that was acquired before the marriage or after the separation is considered to be separate and the property of the acquirer. Property is a term that includes:
- Personal possessions
- Homes, land, and real estate
When the property is being divided, the court might also assign each spouse his or her respective obligations and debts. Marital misconduct, such as adultery, is not considered by the courts.
With a divorce in AZ, the courts may choose to grant a maintenance order which is also known as alimony or spousal support. This can be granted to either spouse when the court determines:
- One spouse cannot provide for his or her needs
- Is unable to provide for themselves
- Is caring for a child who is under 18 or has a special condition
- If one spouse contributed to the education of another spouse
- If the marriage lasted over 10 years
The Arizona courts will review several factors before granting alimony and the numerical amount. Having a lawyer on your side might assist you with this matter.
Child Support and Custody
Child custody is chosen based upon the best interests of the child, or children, involved. It may include legal or physical custody to one or both parents. The decision includes numerous factors that pertain to the individual parents’ circumstances. Child support often reflects this decision. Due to its complex nature, you may want to talk to a lawyer for more advice.
If you would like to know more about divorce in AZ, please call Hildebrand Law, PC at (480) 305-8300.