Arizona Divorce Laws 6

In: Arizona

Divorce Law Basics in the State of Arizona

Also See:

Arizona Marriage Laws

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.

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