State Laws

Arizona Divorce

     

Arizona Divorce
Before a divorce case can be brought to court certain requirements must be fulfilled. Arizona law states that the proper residency requirements need to be filled for the correct jurisdiction. If a case is brought to the incorrect court, then the case will be automatically dismissed.

Residency requirements in the state of Arizona specify that at least one individual must reside in Arizona during the action's commencement. This can mean a military stationing for at least ninety days according to Arizona Statues Chapters four hundred one, three hundred twelve, and three hundred twenty-nine.

Divorcing Grounds
A divorce case will need to be based on specific grounds for filing, or why the marriage needs to be terminated. These grounds must be lawful under Arizona Statutes and be recognized by the court. Only one individual is required to file for marriage termination and he or she will state the grounds for the divorce. Arizona has two sections for divorce filing: fault filing and no-fault filing. No-fault filing means that the marriage cannot be mended.

Arizona also has a marriage that is recognized as a higher kind of marriage and is called a covenant marriage. The grounds for the divorce from a covenant marriage include a committed act of adultery; a committed act of a felony that resulted in state, federal, municipal, or county imprisonment or death; physical marriage abandonment for at least one year with a refusal of return; sexual or physical abuse from the other individual on the basis of domestic violence of either a relative, child, or spouse; permanent and continuous separation for a minimum of two years before divorce filing; permanent and continuous separation for a minimum of one year after divorce proceedings were commenced; habitual drug abuse or alcohol abuse; or an agreement between the husband and wife for the marriage to be dissolved, according to Arizona Statutes Title twenty-five chapters three hundred twelve, nine hundred one, and nine hundred three.

Required Documents
Divorce proceedings include many different forms of paperwork and documents that will need to be finalized through Arizona law. Depending on the case at hand, a single divorce case can have anywhere between ten documents to twenty documents.

Some of these include Acceptance and Waiver of Service, Marital Settlement Agreement, Credit Notification Form, Preliminary Injunction, Request for Hearing and Notice of Hearing, and Affidavit Regarding Minor Children. The court clerk's office will be able to assist in the management of these documents and will be able to designate which are necessary in each divorce case.

Distributing Property
Arizona law states that all the property obtained during the course of the marriage be called Community Property, which will be divided through the court only if the individuals cannot find an agreement themselves. The property will be divided by which individual has sole rights to the property and what is consider to be community property.

The community property may be divided equally between the individuals or may be distributed according to the grounds for divorce. For instance a divorce on the grounds of adultery may not divide the community property equally.

See also:
Arizona Gun Laws
Arizona Bankruptcy
Arizona DUI Laws
Arizona Expungement External link (opens in new window)
Arizona Felony External link (opens in new window)
Arizona Misdemeanor External link (opens in new window)