Arizona Divorce Laws and Resources

The following information is a resource on divorce and family law in the State of Arizona. You can find divorce lawyers, professionals, forms, support, and state laws.  In addition to the resources listed below, you can find more help and information in our divorce article section.

 

Professionals Divorce Lawyers Private Investigators Background Checks Divorce Support Support Groups Domestic Violence Shelters and Hotlines

Divorce Papers Online Divorce  Divorce and Separation Forms Divorce Form Preparation Family Law Resources Divorce Laws Child Support Guidelines (PDF) Child Support Calculator Child Support Enforcement

* Listings in the Resource and Professional Directory does not imply an endorsement by this website.  WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below.  If you provide a divorce related service and are interested in being listed in this directory, click here.

DIVORCE LAWYERS AND FIRMS

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R.J. Peters & Assoc., P.C.
1422 N 2nd Street Suite 100
Phoenix, AZ 85004
Counties Served: Maricopa
Phone:  602-254-7251
Fax:  602-254-1229
Website:  http://www.familylawaz.com
Email:

See us first.  Aggressive Family Law Attorneys.  Free Initial Consultation.

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Nirenstein Ruotolo Group, P.L.C. (NRG)
4835 East Cactus Road, Suite 220
Scottsdale, AZ  85254
Phone:  602-485-5800

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Wilcox & Wilcox, P.C.
1850 N. Central Ave., Ste. 1050
Phoenix, AZ  85004
Counties Served:  Maricopa and Pinal
Phone:  602-889-9717
Fax:  602-631-4004

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Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential.  You can post you legal issues with Legal Match and receive a reply from qualified attorneys who can handle your case.  Legal Match is a good directory  that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

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DIVORCE FORM PREPARATION

Have All of Your Documents Completed For You!  This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in your state.  You can get "Real Person" customer support by phone & e-mail, plus access  to 40 downloadable books (valued at over $750).   Start your Arizona divorce form preparation today.

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PRIVATE INVESTIGATORS

There are currently no private investigators for this state

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BACKGROUND CHECKS

Conduct Background Checks and Investigations - Obtain vital statistics, marriage and divorce records, credit record checks, criminal and court records, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.  Find out the truth about anyone!

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DIVORCE SUPPORT GROUPS

Divorce Care can help you locate a divorce support group in your area.  There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.

Partners in Prevention provides consulting and psychological services to domestic abuse survivors before, during and post divorce. Additionally, we serve as consulting experts in both civil and criminal domestic violence cases. We also offer continuing medical and nursing education in domestic abuse assessment and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058

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DOMESTIC VIOLENCE RESOURCES

Coalition Against Domestic Violence
Domestic Violence Shelters and Resources
Victims Services - Listed by County
Domestic Violence Crisis Resources

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ARIZONA DIVORCE LAW

Complete Arizona Divorce Statutes
General Divorce Information from the Supreme Court

RESIDENCY REQUIREMENTS:  At least one party needs to be a resident of Arizona for a minimum of 90 days before filing for a dissolution of marriage. There is also a 60-day waiting period after the service of process  [Based on Arizona Revised Statutes; Title 25, Chapter 312 and 329]

WHERE TO FILE:  Papers should be filed in the county where the person petitioning for the dissolution resides. [Based on Arizona Revised Statutes; Chapter12, Title 401]

LEGAL GROUNDS FOR DIVORCE:  Irretrievable breakdown of the marriage. [Based on Arizona Revised Statutes; Chapter25, Title 316].  However, if the marriage is a covenant marriage [Arizona Revised Statutes; Chapter 25, Title 901], the following may be considered grounds for a dissolution:

• Adultery,
• Commission of a felony and the resulting imprisonment,
• Abandonment for at least one year,
• Physical or sexual abuse,
• Living separate and apart for at least two years,
• Habitual drug or alcohol abuse,
• The husband and wife both agree to the dissolution of the marriage.  [Based on Arizona Revised Statutes; Chapter 25, Title 903]

NAME OF COURT IN WHICH TO FILE FOR DIVORCE: The Superior Court in the county that the action is filed in. [Based on Arizona Revised Statutes; Chapter 25, Title 311]

LEGAL SEPARATION:  Arizona recognizes legal separation.  At least one party must be a resident of the state and both parties must agree to the legal separation, otherwise the court shall direct that the pleadings be amended to seek a dissolution of the marriage. [Based on Arizona Revised Statutes; Chapters 25, Title 313 and 317]

MEDIATION OR COUNSELING REQUIREMENTS: At the request of either party or on its own motion, the court may order a conciliation conference for the purpose of reconciling the marriage (in the case of a covenant marriage), or to reach an amicable settlement so as to avoid further litigation over the issues involved.  [Based on Arizona Revised Statutes; Chapters 25, Title 316 and 381.09]

PROPERTY DISTRIBUTION:  Arizona is a community property state, with marital property and debt being divided equally, regardless of who's name is on the title.  The court shall assign each spouse's sole and separate property to such spouse. [Based on AZ Revised Statutes; Chapters 25, Title 318]

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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:  The court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance in a proceeding for dissolution or legal separation:

• Lacks sufficient property to provide for his or her needs,
• Is unable to be self-sufficient or is caring for a child whose age or condition makes it unreasonable to seek outside employment,
• If one spouse contributed to the educational opportunities of the other spouse,
• If the marriage was long-term and the spouse's age makes getting employment difficult.

The factors that are taken into consideration when determining maintenance are:

1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age and earning ability of the spouse seeking maintenance.
4. The ability of the spouse paying maintenance to meet his or her own needs.
5. The comparative financial resources of both spouses.
6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
7. The ability of both spouses to contribute to the educational cost of their mutual children.
8. The time necessary for the spouse seeking maintenance to receive training to become employable.
9. The effect of health insurance costs due to the dissolution.  [Based on Arizona Revised Statutes; Chapters 25, Title 319]

SPOUSE'S NAME:  Upon request, the court shall order that party's requested former name be restored any time prior to signing the dissolution decree. [Based on Arizona Revised Statutes; Chapters 25, Title 325]

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CHILD CUSTODY:   The court may order sole custody or joint custody.  The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child, based on the following factors:

• The wishes of the child's parent regarding custody.
• The wishes of the child.
• The interaction between the child and the parent, the child and the siblings or any other person who may significantly affect the best interest of the child.
• The child's adjustment to home, school and community.
• The mental and physical health of all individuals involved.
• Which parent will promote continued contact between the child and the other parent.
• Which parent has provided primary care for the child.
• Whether either parent was convicted of an act of false reporting of child abuse or neglect.
• Whether a parent was influenced or coerced into a custody decision. [Based on Arizona Revised Statutes; Chapters 25, Title 403 and 403.01]

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CHILD SUPPORT:  In proceedings for a dissolution or legal separation, the court may order either or both parents to pay child support.  The court may also order retroactive child support (if no child support was previously ordered) from the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support. The amount of child support order shall the based on the following factors:

• The financial needs of the child.
• The financial resources and needs of the custodial parent.
• The standard of living the child during the marriage.
• The physical and emotional condition of the child.
• The child's educational needs.
• The financial resources of the non-custodial parent.
• The duration of parenting time and related expenses.
• Excessive expenditure, destruction, concealment, or fraudulent disposition of community property. 

Child support continues until the age of majority unless the child is still attending high school (but only until age 19), or if the child is severely mentally or physically disabled and cannot be self-supporting.   Support payments shall be made to the support payment clearinghouse for remittance to the person entitled to receive the payments unless the parties agree otherwise. Child support may be modified upon showing substantial changes in circumstances or every three years if requested [Based on Arizona Revised Statutes; Chapters 25, Titles 320, 322, 505.01]

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PREMARITAL AGREEMENT:  A premarital agreement must be in writing and signed by both parties.  After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties.  A premarital agreement is not enforceable if any of the following conditions apply:

• The party did not execute the agreement voluntarily.
• The party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.
• Did not voluntarily waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
• The party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

[Based on Arizona Revised Statutes; Chapters 25, Titles 202 and 204]