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Arizona Divorce Laws
Arizona Residency Requirements
That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage. The Dissolution of Marriage is typically filed with in county in which the filing spouse lives. (Arizona Statutes - Title 12 - Chapters: 401 and Title 25 - Chapters: 312, 329)
Arizona Divorce Grounds:
1. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage. 2. The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered. (Arizona Statutes - Title 25 - Chapters: 312, 901, 903)
Arizona Property and Debt Division
The court shall assign each spouse's sole and separate property to such spouse. It shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. The property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state. This section does not prevent the court from considering all actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim, excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. In your property settlement agreement or decree of dissolution or legal separation, the court may assign responsibility for certain community debts to one spouse or the other. Please be aware that a court order that does this is binding on the spouses only and does not necessarily relieve either of you from your responsibility for these community debts. These debts are matters of contract between both of you and your creditors (such as banks, credit unions, credit card issuers, finance companies, utility companies, medical providers and retailers). Since your creditors are not parties to this court case, they are not bound by court orders or any agreements you and your spouse reach in this case. On request, the court may impose a lien against the separate property of a spouse to secure payment of debts that the court orders that spouse to pay. You may want to contact your creditors to discuss your debts as well as the possible effects of your court case on your debts. (Arizona Statutes - Title 25 - Chapters: 318)
Arizona Spousal Support, Maintenance, or Alimony:
In determining the appropriate maintenance award, the court will consider the following factors: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. 2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient. 3. Contributed to the educational opportunities of the other spouse. 4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. The maintenance order shall be in an amount and for a period of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors, including: 1. The standard of living established during the marriage. 2. The duration of the marriage. 3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance. 4. The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance. 5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market. 6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse. 7. The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse. 8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children. 9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently. 10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available. 11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved. 13. All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified. (Arizona Statutes - Title 25 - Chapters: 319, 322)
Arizona Custody and Visitation:
The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including: 1. The wishes of the child's parent or parents as to custody. 2. The wishes of the child as to the custodian. 3. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest. 4. The child's adjustment to home, school and community. 5. The mental and physical health of all individuals involved. 6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent. 7. Whether one parent, both parents or neither parent has provided primary care of the child. 8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody. 9. Whether a parent has complied with chapter 3, article 5 of this title. 10. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02. In a contested custody case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child. In awarding child custody, the court may order sole custody or joint custody. This section does not create a presumption in favor of one custody arrangement over another. The court in determining custody shall not prefer a parent as custodian because of that parent's sex. The court may issue an order for joint custody over the objection of one of the parents if the court makes specific written findings of why the order is in the child's best interests. In determining whether joint custody is in the child's best interests, the court shall consider the factors prescribed above as well as the following: 1. The agreement or lack of an agreement by the parents regarding joint custody. 2. Whether a parent's lack of agreement is unreasonable or is influenced by an issue not related to the best interests of the child. 3. The past, present and future abilities of the parents to cooperate in decision-making about the child to the extent required by the order of joint custody. 4. Whether the joint custody arrangement is logistically possible. 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 such an order is in the best interests of the child. The court may order joint legal custody without ordering joint physical custody. (Arizona Statutes - Title 25 - Chapters: 401)
Arizona Child Support:
The supreme court shall establish guidelines for determining the amount of child support. The amount resulting from the application of these guidelines is the amount of child support ordered unless a written finding is made, based on criteria approved by the supreme court, that application of the guidelines would be inappropriate or unjust in a particular case. The supreme court shall review the guidelines at least once every four years to ensure that their application results in the determination of appropriate child support amounts. The supreme court shall base the guidelines and criteria for deviation from them on all relevant factors, including: 1. The financial resources and needs of the child. 2. The financial resources and needs of the custodial parent. 3. The standard of living the child would have enjoyed had the marriage not been dissolved. 4. The physical and emotional condition of the child, and the child's educational needs. 5. The financial resources and needs of the noncustodial parent. 6. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 7. The duration of parenting time and related expenses. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true: 1. The court has considered the factors prescribed in subsection D of this section. 2. The child is severely mentally or physically disabled as demonstrated by the fact that the child is unable to live independently and be self-supporting. 3. The child's disability began before the child reached the age of majority. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided during the period in which the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to subsection E of this section. Notwithstanding any other law, a parent paying support for a child over the age of majority pursuant to this section is entitled to obtain all records related to the attendance of the child in the high school or equivalency program. (Arizona Statutes - Title 25 - Chapters: 320, 322, 500)
Arizona Common Questions
How Do I Know if I Should File in Arizona?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Arizona Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Arizona?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Arizona?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Arizona?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Arizona Divorce Forms
Arizona Forms: Our question and answer technology will allow you to easily complete your Alaska divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Arizona Divorce Forms List
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|Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).|
All Your Completed Arizona Divorce Forms
Everything in Writing As Suggested by Lawyers & Judges
East to Follow Step-by-Step Filing Procedures
Instant Delivery & Editing Without the Wait
Unlimited Free E-mail and Phone Product Support
Works With or Without Children
100% Court Approval Guarantee or Your Money Back
Real-Time Customer Ratings and Reviews
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Arizona. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorceTM you will complete and instantly print your divorce forms (including a marital settlement agreement), and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce, learn more about getting your Separation Agreement.
3StepDivorceTM is a premium online divorce solution provided by Divorce Source, Inc., the owner and operator of the Divorce Source Network, the web's largest and most visited divorce resource since 1997.
|Provided by Divorce Source (online since 1997) Over 500,000 forms processed.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
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