Important Things about Arizona Divorce Law

2007-03-08 10:33:40

( Legal )



Divorce in Arizona is termed as "dissolution of marriage". Under Arizona divorce law, the court not only legally ends the marriage through a divorce decree, but also takes authority to divide the property and debts of the spouses, as well as arrange for support and child custody.

Qualifications for Arizona Divorce

Prior to filing for dissolution of marriage under Arizona divorce law, you or your spouse must have lived in Arizona for at least ninety days.

Unlike many other states, Arizona divorce law does not require any of you to prove blame or responsibility. The only exception is if you have a covenant marriage, which can be dissolved only under specific reasons.

Procedure for Dissolution of Marriage

You as the "petitioner" must file a petition to the court of your intention and to issue other orders regarding the property, debts, support and custody (if there are children). The court then issues a Summons to your non-filing spouse regarding the opening of the case. Your spouse who is now known as "respondent" needs to answer to the petition you have filed within twenty days, by issuing a "response", which indicates agreement or disagreement with your orders.

The court also issues a Preliminary Injunction to prohibit you or your spouse from disposing properties, removing your children, or performing any family violence.

If your respondent cannot be located, a copy of the Summons may be published in the newspaper for four consecutive weeks. When no response is filed within the grace period, you now have the right to apply for "default dissolution", to which your spouse has ten days to respond. If your spouse responds within the ten day period, the case proceeds in court. Even if your spouse defaults, you will continue with the court hearing where you give evidence as to why the marriage needs to be dissolved. The court also deals with all the other issues before finally issuing a Divorce Decree.

As much as possible, the court allows you and your spouse to resolve these issues by yourselves so as to leave fewer issues for the court to decide on. During the divorce process, you and your spouse can even avail of services of family counselors to assist you with marital problems for possible conciliation.

Community Property

Generally this refers to property that you or your spouse have acquired during your marriage, except for gifts or inheritances. Under Arizona divorce law, the court acts as mediator in dividing the property in a fair manner, but you and your spouse can also resolve this division through a written agreement.

When Children are Involved

If you have children, the court has the responsibility to decide child custody, visitation rights and child support where children are involved. Arizona child custody policies will always look to your children's best interests.

Also, if your children are of minor age, you and your spouse need to complete a "parent education program" which is designed to inform you about the impact of your divorce.


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