Divorce Overview
Divorce Overview
Divorce is never an easy process, and it can be particularly daunting if you live in Arizona. Like all states, Arizona has its own unique set of divorce laws and procedures that must be followed. If you are considering divorce in Arizona, it is important to have a basic understanding of these laws before you begin the process. In this blog post, we will provide an overview of divorce in Arizona to help you better understand what to expect.
Grounds for Divorce in Arizona
Arizona is a “no-fault” divorce state, which means that neither spouse needs to prove fault or wrongdoing in order to file for divorce. The only requirement is that the marriage is “irretrievably broken,” which simply means that the couple can no longer get along.
Residency Requirements
In order to file for divorce in Arizona, at least one spouse must have been a resident of the state for at least 90 days before filing. If you are a military member or spouse, there are special provisions that may apply to you.
Division of Property
Arizona is a community property state, which means that all property and debt acquired during the marriage is generally considered to be owned equally by both spouses. This includes everything from real estate and bank accounts to retirement accounts and credit card debt. However, there are exceptions to this rule, and certain property may be considered separate property, such as property acquired before the marriage or through inheritance.
Child Custody and Support
If you have children, custody and support will be important issues to address during the divorce process. Arizona courts make custody and parenting time decisions based on the best interests of the child, and there is a presumption that joint custody is in the best interests of the child. Child support is calculated based on a formula that takes into account the income of both parents and the number of children.
Spousal Maintenance
Spousal maintenance, also known as alimony, may be awarded to one spouse during the divorce process or after the divorce is finalized. The amount and duration of spousal support is determined by the court based on a number of factors, including the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage.
Conclusion
Divorce is a complex and emotional process, and navigating the legal system can be difficult without the help of an experienced family law attorney. If you are considering divorce in Arizona, it is important to seek the guidance of a qualified attorney who can help you understand your rights and obligations under Arizona law. With the right help and guidance, you can get through the divorce process and move on to a new chapter in your life.
