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Arizona Residency Requirements For Divorce

A spouse filing for divorce in Arizona must have lived in the state for at least 90 days. If Custody of children is at issue a longer waiting period may be required. After the responding spouse has been served, there is a sixty day waiting period before a divorce will be granted.

Grounds For Divorce In Arizona

The only grounds for the dissolution of a marriage (divorce in Arizona), in Arizona, are the irretrievable breakdown of the marriage.

Arizona Child Custody

The court will determine Custody, within the confines of a divorce in Arizona, in accordance with the best interests of the child. Either individual or joint Custody may be awarded. The court may issue an order for joint Custody of a child if both parents agree and submit a written parenting plan and the court finds that such an order is in the best interests of the child.

The following are some considerations:

• desires of the parents and the child;
• child's adjustment to home, school and community;
• if one, both or neither parent has provided primary care of the child;
• mental and physical health of all involved;
• which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent;
• conviction of a parent of a drug offense.

Arizona Child Support GuideLines

Arizona has adopted child support guidelines which apply in virtually every divorce in Arizona case, unless special circumstances are present. The Arizona child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Arizona child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Mediation

Mediation is strongly encouraged by the Arizona divorce courts, as is conciliation counseling. Before or after the filing of a complaint, mediation may occur pursuant to law (in a covenant marriage), a court order, or by agreement of the parties.