Divorce Law in Arizona
Are you preparing for a costly divorce in Arizona? Has your spouse already hired legal counsel?
When communication breaks down and neither partner can compromise, divorce issues often end up in mediation or in front of a judge. Having an attorney on your side can make that process more manageable and protect your rights throughout the case.
Issues Involved in Arizona Divorce Law
A divorce requires spouses to sort through a range of legal and financial issues. Those decisions can be stressful, and emotions often run high, making it harder to resolve disputes without help.
Dividing Property
In many states, including Arizona, items acquired during the marriage are considered marital property and subject to division. This includes real estate, savings accounts, retirement and pension contributions, vehicles, investments, and personal belongings.
Some states divide marital property equally. Others use an equitable division, meaning a judge distributes assets according to what is fair, not necessarily what is mathematically equal. Courts may review both financial contributions and non-financial contributions, such as childcare or supporting a spouse’s career, which can result in a final division that is not a strict 50/50 split.
Child Support
Both parents have a legal duty to support their children. Child support helps pay for basic needs like food, medical care, clothing, educational expenses, and housing.
Under the Arizona Child Support Guidelines, both parents must contribute based on their share of total income. Arizona uses an online child support calculator to estimate payments under the Guidelines. All payments must be made through the Arizona Support Payment Clearinghouse.
According to the Arizona Department of Economic Security, failure to pay child support can result in serious penalties. These may include wage garnishment, tax refund interception, passport and driver’s license suspension, criminal charges, and placement on the Child Support Evaders list. In some cases, jail time is possible.
Alimony
Alimony—known in Arizona as spousal maintenance—depends on several factors. A court in Arizona may consider:
- A spouse’s financial need and the other party’s ability to pay
- Age, health, and employment history
- Length of the marriage
- Job skills and earning capacity
- The division of marital property
- Parental responsibilities
- Any separate assets or investments
Arizona recognizes rehabilitative, compensatory, and permanent maintenance. Rehabilitative maintenance helps a spouse obtain education or training and is usually temporary. Compensatory maintenance may be awarded if one spouse significantly helped increase the other spouse’s earning potential. Permanent maintenance may apply when a spouse cannot become self-supporting due to age, disability, or long-term absence from the workforce.
Child Custody and Visitation
Custody disputes are often the hardest part of divorce for families. Arizona courts base all parenting decisions on the best interests of the child.
Under Arizona statute, judges consider factors such as the child’s adjustment to school and community, the wishes of the child, the quality of each parent-child relationship, and each parent’s willingness to foster a positive relationship with the other parent. A history of domestic violence or coercion is also taken seriously and may limit custody rights.
Generally, Arizona courts prefer joint legal decision-making authority, meaning both parents share responsibility for major decisions related to education, health care, and religion. Joint decision-making does not guarantee equal parenting time, and a parent with sole legal decision-making must still provide reasonable visitation unless the court finds the child would be endangered.
The Process of Going Through Divorce Law in Arizona
If you are considering divorce, it helps to understand how the Arizona process works.
Step 1: File the Divorce Petition
A divorce begins with a formal petition. The petition must include:
- Grounds for divorce
- Proof that at least one spouse meets residency requirements
- Any additional information required by Arizona law
Most states allow no-fault divorce. In Arizona, no-fault divorce is available unless the couple has a covenant marriage. Covenant marriages require proof of fault—such as adultery or abandonment—to dissolve.
Step 2: Request Temporary Orders
Divorce cases can take months to finalize. If a spouse needs immediate relief, the court can issue temporary orders involving:
- Child custody
- Child support
- Spousal maintenance
- Protection of marital assets
- Status quo protections
These orders help stabilize financial and parental responsibilities while the case is pending.
Step 3: Serve Your Spouse and Wait for Their Response
Once filed, the petition must be served on the other spouse. If they accept service, they complete an affidavit confirming receipt. If not, a process server or sheriff can deliver the documents, and the proof of service is filed with the court. The case cannot move forward without this step.
Step 4: Try To Come to an Agreement
The most efficient outcome is an uncontested divorce. Couples may negotiate directly or use a mediator to settle disagreements. Reaching a voluntary agreement is usually faster, less expensive, and less stressful for everyone involved.
Step 5: Go To Court
When spouses cannot agree, the case goes before a Arizona judge. This gives the court authority to decide the issues, but it also leaves both spouses with little control over the final outcome. The Arizona Superior Court has jurisdiction over divorce, legal separation, annulment, and paternity, with locations across all 15 counties.
Step 6: Receive the Judgment of Divorce
A final judgment of divorce legally ends the marriage. It includes orders for property division, child custody, child support, and any remaining issues. Both spouses must follow the judgment once it is entered.
Work With an Experienced Arizona Divorce Law Attorney
If you are going through a divorce and cannot resolve disputes with your spouse, hiring a skilled Arizona divorce lawyer can make a significant difference. An attorney can negotiate terms, prepare filings, and represent you in court.
A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Arizona state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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