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- Arizona Divorce Law -

Statutory Reference to Arizona Revised Statutes:

Divorce: § 25-312

Property Division: § 25-318

Alimony: § 25-319

Custody: § 25-403

Visitation: § 25-409

http://www.azleg.state.az.us/ars/25/title25.htm

Child Support: 25-320; Arizona Supreme Court Administrative Order 96-29

 

Residence:

Either party must be domiciled in the state for 90 days prior to the filing of the action.

 

Grounds:

Irretrievable breakdown of the marriage. 

 

Distribution of Property:

Community property state.  Each spouse's sole and separate property is assigned to that spouse.  The community, joint tenancy, and other property held in common must be divided equitably without regard to marital conduct.  The court may consider excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of community, joint tenancy, and other property held in common in dividing the property.  Community, joint tenancy, and other property held in common for which no provision is made shall be held by the parties has tenants in common, each possessing an undivided one-half interest.  

 

Alimony/Spousal Support:

Maintenance may be granted to either spouse if the spouse seeking such maintenance (1) lacks sufficient property to provide for his/her reasonable needs; (2) is unable, through appropriate employment, to provide self-support, or is the custodian of a child at home; (3) contributed to the educational opportunities of the other spouse; (4) had a long marriage and is of an age that may preclude employment.

 

Maintenance, if awarded, must be for an amount and period deemed just, without regard to marital fault, considering (1) standard of living during marriage; (2) duration of marriage; (3) age, employment history, earning ability, physical and emotional condition of recipient spouse; (4) ability of obligor-spouse for self-support while meeting needs of other spouse; (5) comparative financial resources and earning abilities of spouses; (6) contribution of recipient-spouse to earning ability of obligor-spouse; (7) extent to which recipient-spouse has reduced income or career opportunities for benefit of other spouse; (8) ability of both parties after dissolution to contribute to future educational costs of their children; (9) financial resources of spouse seeking to meet needs independently; (10) time necessary to acquire sufficient education or training to enable party seeking maintenance to find appropriate employment; (11) excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community.

 

Child Custody/Visitation:

There is no presumption in favor of sole custody OR joint custody.  Joint custody may be granted if both parents agree, the parents submit a parenting plan, and the order is in the child's best interests. 

 

Evidence of domestic violence must be considered as contrary to the best interests of the child. 

 

In deciding custody/visitation, the court shall make an order based on the best interests of the child, considering: (1) the wishes of the child's parents; (2) the wishes of the child; (3) the interaction among the child and relatives; (4) the child's adjustment to school, home, and community; (5) the mental and physical health of the parties; (6) which parent is more likely to involve the child in the life of the other parent; (7) if either parent has been the primary care giver; (8) the nature and extent of coercion used by a parent in obtaining a written agreement regarding custody; (9) whether either parent has complied with an order to attend domestic relations education.

 

Non-custodial parent is entitled to reasonable visitation, which shall not be restricted unless the court finds serious endangerment to the child. 

 

Child Support:

Child Support Guidelines found at Supreme Court Administrative Order 96-29, as appendix to Ariz. Rev. Stat. § 25.320.  Guidelines are based on Income Shares Model, and award is calculated on gross income.  Support terminates at age 18, or until the child graduates from high school.  The court may not order the parents to pay for the college education costs of the child. 

 


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