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Arizona Divorce Laws

Divorce Law Basics in the State of Arizona

Also See: Arizona Marriage Laws

Articles about 'Divorce / Separation'
Divorce Laws in All 50 States: Click Your State's Link to View the Divorce Statutes that Affect You
Divorce Glossary: Understanding Legal Terminology Related to Divorce
What is No Fault and At Fault Divorce?: Understanding the Difference
Defenses to Divorce: Affirmative Defenses to At-Fault Divorce Allegations
The Effects of Divorce on Children: How to Help Your Child Adjust to the Transition of Divorce
What is a Bifurcated Divorce?: Splitting Your Dissolution Case into Parts
FAQ: What Is An "Agreed" or "Uncontested" Divorce?: Frequently Asked Questions About Divorce
FAQ: How Do I File for Divorce if My Spouse is Missing?: Frequently Asked Questions About Divorce
Is A Do-It-Yourself Divorce Right For You?: How To Know If You Can Do Your Own Divorce
FAQ: Is property that I acquired during a separation considered to be marital property?: Frequently Asked Questions About Separation and Divorce
Types of Separation: Understanding Your Options When You Decide to Split Up
Separation Agreements: How To Draft Your Own Agreement of Separation
FAQ: What's the difference between a divorce and a legal separation?: Frequently Asked Questions About Divorce and Separation
Book Review: Taking Space: How to Use Separation to Explore the Future of Your Relationship
Book Review: Should I Stay Or Go?: How Controlled Separation Can Save Your Marriage
Lower Your Chances of Divorce: Tips to Keep Your Marriage Going Strong
The Basics of Property Distribution: What Happens to Your Stuff When You Divorce?
Collaborative Divorce: A New Approach to Conflict Resolution
Mediation: An Alternative to Divorce Litigation
Book Review: Divorce and Money: Everything You Need to Know About Splitting Up Your Assets
Book Review: Building A Parenting Agreement That Works: How to Put Your Kids First When Your Marriage Doesn't Last
Book Review: Your Right to Child Custody, Visitation and Support: The Easy Guide to Custody, Support and Visitation Rights
FAQ: What's the difference between divorce and annulment?: Frequently Asked Questions About Divorce and Annulment

Statute: Arizona State Divorce Code (Title 25, Chapter 3, Article 2, Sections 311 to 330): azleg.state.az.us

Arizona allows couples to choose which laws will govern their divorce in the event the marriage ends. This choice is made before the marriage ceremony takes place and the couple may choose between a simple no-fault divorce or what is called a "covenant marriage". 

If they choose the no fault option, they must still wait the designated separation period before the divorce can proceed and they are not able to allege additional ground in the event that a divorce does occur.

Should they choose the covenent marriage, both parties must agree to pre-marital counseling and have limited grounds to choose from in the event the marriage goes sour.

No-Fault Grounds:

  • Irretrievable breakdown

At-Fault Grounds (Covenant Marriage):

  • Adultery
  • Conviction of a felony
  • Abandonment of marital home for at least 1 year prior to filing
  • Sexual or domestic abuse
  • Spouses have lived apart for at least two years prior to filing without reconciliation
  • Spouses have lived apart for at least one year prior to filing after legal separation entered
  • Habitual drug or alcohol use
  • Both spouses agree to dissolution

Residency:  

90 days (either party)

Legal Separation Recognized? Yes   

Counseling Requirements:  In the case of a covenant marriage, the court may order mediation or counseling to try and reconcile the marriage or help the parties reach an amicable settlement.

Property Distribution : Arizona is a community property state. Separate property, such as property acquired prior to the marriage or through an inheritance is not included in the community property distribution

Alimony : Alimony may be awarded to either party for one of the following reasons: a spouse cannot sufficiently provide for his or her self, a spouse is unable to seek outside employment because he or she is caring for a child who's condition or age makes employment unfeasible, a spouse contributed to the higher education of the other or the marriage lasted for a long period of time and the spouse's age makes finding outside employment difficult.

 


  Tags : divorce laws, marriage, no-fault and at-fault divorce, pre-marital agreement, domestic violence, divorce
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