Arizona Divorce Law

Summary of the basic Arizona Divorce Requirements and Laws

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Arizona Divorce Laws Explained

Arizona Residency Requirements For Divorce

A spouse filing Arizona divorce forms must reside in the state for at least 90 days, and have proof of such. After the responding spouse has been served divorce papers, there is a 60 day waiting period before a divorce can be granted.

Grounds For Divorce In Arizona

There is only one grounds for divorce in Arizona:

  • irretrievable breakdown of the marriage.

The no-fault grounds for divorce in State is:

  • incurable insanity.
Arizona Child Custody

The court will either award sole or joint custody. The court may issue an order for joint custody if both parents submit a jointly-written parenting plan, and if the court finds joint custody is in the best interests of the child.

The following are some of the considerations made by the court:

  • desires of the parents and the child;
  • child’s ability or need to adjust to a new home, school or 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

Unless special circumstances are present, the courts calculate child support based on the official child support guidelines. Child support will continue until the child reaches adulthood, and may be extended through his or her secondary education.

Venue

Arizona divorce papers may be filed in either the petitioner’s or respondent’s county of residence.

Mediation

Either party may file a motion requesting mediation to settle issues before or after filing the State divorce papers. If the parties submit to mediation, they may proceed in court on an uncontested basis.