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Arizona Divorce Information

The following information is to provide a basic understanding of the various aspects of divorce in the State of Arizona.

You can get more specific information regarding Arizona divorce laws using the links provided to Arizona divorce laws or at your local library.

This information is provided for informational purposes only and does not constitute legal advice. Before taking any action you should seek the advice of an attorney familiar with the laws in the state in which you will be seeking a divorce.

Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.

Arizona Divorce Resources

Residency Requirements 90 days
Where to File The county in which the plaintiff resides
Grounds for Divorce The only requirement is that the marriage relationship has been irretrievably broken
Irreconcilable Differences or Irretrievable Breakdown
Mutual Consent
Voluntary or required mediation Yes
Voluntary or recommended CounselingYes
Property Distribution Arizona is a community property state. Separate property is retained by the owner, and all other community property in the marriage is distributed equitably. Marital conduct is not a consideration in equitable distribution.
Child Custody In awarding 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. The court shall consider all relevant factors, including:
  • The wishes of the child's parent or parents as to custody.
  • The wishes of the child as to the custodian.
  • 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.
  • The child's adjustment to home, school and community.
  • The mental and physical health of all individuals involved.
  • Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.
  • Whether one parent, both parents or neither parent has provided primary care of the child.
  • The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
  • Whether a parent has complied with chapter 3, article 5 of this title.
  • Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.
Uniform Child Custody Act: 1978
Is Joint Custody awarded? YES
Do Grandparents Have the Right to Visitation? YES
Are Child's Wishes Considered? YES
Child Support In any proceeding in which there is at issue the support of a child, the court may order either or both parents to pay any amount necessary for the support of the child. If a personal check for support payments and handling fees is rightfully dishonored by the payor bank or other drawee, any subsequent support payments and handling fees shall be paid only by cash, money order, cashier's check, traveler's check or certified check
Spousal Support Support can be awarded to ether spouse. Past marital actions are not considered. Employment possibilities of the spouse tend to cause the greatest influence in the decision, but a lot of factors play a significant role.

Arizona Divorce Attorneys by County

Click on any AZ county below to find a divorce attorney in your area.

Arizona Divorce Mediators by County

Click on any AZ county below to find a divorce mediator in your area.

This information has been compiled directly from the most recently available statutes online for each state. Every effort has been made to assure that this information is correct and complete. Be aware that laws frequently change. Do not take any action based on this information without first consulting an attorney to be certain that the laws pertaining to your particular situation have not changed.

The language used in most cases on this page is legal terminology taken directly from the statutes and laws of each state. The terminology is not always easy to understand. If you are not sure of something you should consult an attorney so that you can fully understand the meaning of the laws.

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Do not take any actions based upon the information contained within this web site without first consulting an attorney or an appropriate professional depending upon the content of the information.