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Divorce Law 25-312. Dissolution of marriage; findings necessary The court shall enter a decree of dissolution of marriage if it finds each of the following: 1. 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. 2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met. 3. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903. 4. To the extent it has jurisdiction to do so, the court has considered, approved and made provision for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property. 25-316. Irretrievable breakdown; finding A. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one of the parties so states and the other does not deny it, the court shall make a finding as to whether or not the marriage is irretrievably broken. B. If one of the parties denies under oath or affirmation that the marriage is irretrievably broken, the court shall hold a hearing to consider all relevant factors as to the prospect of reconciliation and shall do either of the following: 1. Make a finding as to whether or not the marriage is irretrievably broken. 2. Continue the matter for further hearing, not more than sixty days later. At the request of either party or on its own motion, the court may order a conciliation conference. At the next hearing the court shall make a finding as to whether or not the marriage is irretrievably broken. C. A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect of reconciliation.
25-329. Waiting period The court shall not consider a submission of a motion supported by affidavit or hold a trial or hearing on an application for a decree of dissolution of marriage or legal separation until sixty days after the date of service of process or the date of acceptance of process. 25-901. Covenant marriage; declaration of intent; filing requirements A. Persons who have the legal capacity to marry pursuant to this title may enter into a covenant marriage by declaring their intent to do so on their application for a license obtained pursuant to section 25-121 and by complying with the requirements of this chapter. The returned marriage license shall be recorded as provided by section 25-123 with an indication that the marriage is a covenant marriage, and the declaration shall be filed by the clerk. B. A declaration of intent to enter into a covenant marriage shall contain all of the following: 1. The following written statement: A Covenant Marriage We solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for as long as they both live. We have chosen each other carefully and have received premarital counseling on the nature, purposes and responsibilities of marriage. We understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling. With full knowledge of what this commitment means, we do declare that our marriage will be bound by Arizona law on covenant marriages and we promise to love, honor and care for one another as husband and wife for the rest of our lives. 2. An affidavit by the parties that they have received premarital counseling from a member of the clergy or from a marriage counselor. Premarital counseling shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties and a discussion of the exclusive grounds for legally terminating a covenant marriage by dissolution of marriage or legal separation. 3. The signatures of both parties witnessed by a court clerk. C. A notarized attestation that is signed by the clergy or counselor must be submitted with the application for a license and shall confirm that the parties were counseled as to the nature and purpose of the marriage and the grounds for its termination and that the counselor provided to the parties the informational pamphlet developed by the supreme court pursuant to this chapter. The clerk shall document that the attestation was submitted.
25-903. Dissolution of a covenant marriage; grounds Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of dissolution of marriage pursuant to chapter 3, article 2 of this title unless it finds any of the following: 1. The respondent spouse has committed adultery. 2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility. 3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for dissolution of marriage and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending. 4. The respondent spouse has physically or sexually abused the spouse seeking the dissolution of marriage, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse. 5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending. 6. 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. 7. The respondent spouse has habitually abused drugs or alcohol. 8. The husband and wife both agree to a dissolution of marriage. ...For further information, please refer to the Arizona Revised Statues - Title 25
Divorce in Arizona Self-Service Guide For Divorce Cases Things You Should Know About Divorce in Arizona Parent Education Classes Covenant Marriage In Arizona Marital Separation Agreements Explained ---------------------------------------------------------------------
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Child Support 25-320. Child support; factors; methods of payment; additional enforcement provisions; definitions A. In a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct. B. If child support has not been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding, the amount that the parents shall pay for the past support of the child and the manner in which payment shall be paid, taking into account any amount of temporary or voluntary support that has been paid. Retroactive child support is enforceable in any manner provided by law. C. If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or child support and if child support has not been ordered by a child support order, the court may order child support retroactively to 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 court must first consider all relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has been paid. D. 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. E. 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. F. 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. G. If a personal check for support payments and handling fees is rightfully dishonored by the payor bank or other drawee, the person obligated to pay support shall make any subsequent support payments and handling fees only by cash, money order, cashier's check, traveler's check or certified check. If a person required to pay support other than by personal check demonstrates full and timely payment for twenty-four consecutive months, that person may pay support by personal check if these payments are for the full amount, are timely tendered and are not rightfully dishonored by the payor bank or other drawee. H. Subsection G of this section does not apply to payments made by means of an assignment. I. If after reasonable efforts to locate the obligee the clerk or support payment clearinghouse is unable to deliver payments for the period prescribed in section 25-503 due to the failure of the person to whom the support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall not deliver further payments and shall return the payments to the obligor consistent with the requirements of section 25-503. J. An order for child support shall assign responsibility for providing medical insurance for the child who is the subject of the support order and shall assign responsibility for the payment of any medical costs of the child that are not covered by insurance. In title IV-D cases, the parent responsible pursuant to court order for providing medical insurance for the child shall notify the support payment clearinghouse prescribed in section 46-441 if the child is no longer covered under an employer's insurance plan. The support payment clearinghouse shall notify the child support enforcement agency in the department of economic security of the lapse in insurance coverage. K. In title IV-D cases the superior court shall accept for filing any documents that are received through electronic transmission if the electronically reproduced document states that the copy used for the electronic transmission was certified before it was electronically transmitted. L. The court shall presume, in the absence of contrary testimony, that a noncustodial parent is capable of full-time employment at least at the federal adult minimum wage. This presumption does not apply to noncustodial parents who are under the age of eighteen and who are attending high school. M. An order for support shall provide for an assignment pursuant to sections 25-504 and 25-323. N. Each licensing board or agency that issues professional, recreational or occupational licenses or certificates shall record on the application the social security number of the applicant and shall enter this information in its database in order to aid the department of economic security in locating parents or their assets or to enforce child support orders. This subsection does not apply to a license that is issued pursuant to title 17 and that is not issued by an automated drawing system. If a licensing board or agency allows an applicant to use a number other than the social security number on the face of the license or certificate while the licensing board or agency keeps the social security number on file, the licensing board or agency shall advise an applicant of this fact. O. For the purposes of this section: 1. "Child support guidelines" means the child support guidelines that are adopted by the state supreme court pursuant to 42 United States Code sections 651 through 669B. 2. "Date of separation" means the date the married parents ceased to cohabit. 3. "Support" has the same meaning prescribed in section 25-500. 4. "Support payments" means the amount of money ordered by the court to be paid for the support of the minor child or children.
25-403.09. Child support A. For any custody order entered under this article, the court shall determine an amount of child support in accordance with section 25-320 and guidelines established pursuant to that section. B. An award of joint custody does not diminish the responsibility of either parent to provide for the support of the child. ...For further information, please refer to the Arizona Revised Statues - Title 25
Arizona Child Support Guidelines and Interactive Calculator Arizona DES Division of Child Support Enforcement Child Support Payments in Arizona The Cash Assistance Program and Child Support ---------------------------------------------------------------------
Child Custody and Visitation Law 25-403. Custody; best interests of child A. 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. B. 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. 25-403.01. Sole and joint custody A. 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. B. 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 in section 25-403, subsection A and all of 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. C. 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.
25-403.02. Parenting plans A. Before an award is made granting joint custody, the parents shall submit a proposed parenting plan that includes at least the following: 1. Each parent's rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training. 2. A schedule of the physical residence of the child, including holidays and school vacations. 3. A procedure by which proposed changes, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling. 4. A procedure for periodic review of the plan's terms by the parents. 5. A statement that the parties understand that joint custody does not necessarily mean equal parenting time. B. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child. ...For further information, please refer to the Arizona Revised Statues - Title 25
Things You Should Know About Custody and Parenting Time Model Parenting Time Plans for Parent/Child Access FAQ on Child Custody and Visitation Child Custody Resources ---------------------------------------------------------------------
Property Division 25-318. Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of court (abbreviated) A. In a proceeding for dissolution of the marriage, or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, 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. For the purposes of this section only, 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. B. The community, joint tenancy and other property held in common for which no provision is made in the decree shall be from the date of the decree held by the parties as tenants in common, each possessed of an undivided one-half interest. C. The court may impress a lien on the separate property of either party or the marital property awarded to either party in order to secure the payment of: 1. Any interest or equity the other party has in or to the property. 2. Community debts that the court has ordered to be paid by the parties. 3. An allowance for child support or spousal maintenance, or both. 4. 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. D. The decree or judgment shall specifically describe by legal description any real property affected and shall specifically describe any other property affected. E. This section applies through both prospective and retrospective operation to property without regard to the date of acquisition. F. In all actions for the dissolution of marriage or legal separation the court shall require the following statement in the materials provided to the petitioner and to be served on the respondent: Notice 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. To assist you in identifying your creditors, you may obtain a copy of your spouse's credit report by making a written request to the court for an order requiring a credit reporting agency to release the report to you. Within thirty days after receipt of a request from a spouse who is party to a dissolution of marriage or legal separation action, which includes the court and case number of the action, creditors are required by law to provide information as to the balance and account status of any debts for which the requesting spouse may be liable to the creditor. You may wish to use the following form, or one that is similar, to contact your creditors: Creditor notification… Within thirty days after receipt of this notice, you are requested to provide the balance and account status of any debt identified by account number for which the requesting party may be liable to you… G. On the written request of any party to a pending dissolution of marriage or legal separation action, the court, except for good cause shown, shall issue an order requiring any credit reporting agency to release the credit report as to the spouse of the requesting party on payment by the requesting party of any customary fee for providing the credit report. H. On the request of either party and except for good cause shown, the court shall require the parties to submit a debt distribution plan that states the following: 1. How community creditors will be paid. 2. Whether any agreements have been entered into between the parties as to responsibility for the payment of community debts, including what, if any, collateral will secure the payment of the debt. 3. Whether the parties have entered into agreements with creditors through which a community debt will be the sole responsibility of one party. I. The following form may be used to verify agreements with creditors: Agreement with creditor… J. If the parties are not able to agree to a joint debt distribution plan pursuant to subsection H the court may order each party to submit a proposed debt distribution plan to the court. In its orders relating to the division of property the court shall reflect the debt distribution plan approved by the court and shall confirm that any community debts that are made the sole responsibility of one of the parties by agreement with a creditor are the sole responsibility of that party. K. An agreement with a creditor pursuant to subsection I that assigns or otherwise modifies repayment responsibility for community debts secured by real property located in this state shall include all of the following: 1. A legal description of the real property. 2. A copy of the note and recorded security instrument, the repayment of which is to be assigned or modified by the agreement with a creditor. 3. A written and notarized acknowledgment that is executed by all parties to the debt, including the lender, and that states one of the following: (a) The terms for the repayment of the debt remain unchanged. (b) The terms for the repayment of the debt have been modified and, beginning on the date of the execution of the acknowledgment, the creditor has agreed that one of the debtors assumes the sole responsibility for the debt and that the other debtor is released from any further liability on the debt. (c) The debt is paid in full and all parties to the debt are released from any further liability. L. An agreement executed pursuant to subsection K shall be recorded by either party in the county in which the real property is located. M. After an agreement is recorded pursuant to subsection L, either party may request that on payment of the title company's fees for the document a title company authorized to do business in this state provide the requesting party with a lien search report or other documentary evidence of liens and other agreements of record in the title to the property. N. If a party fails to comply with an order to pay debts, the court may enter orders transferring property of that spouse to compensate the other party. If the court finds that a party is in contempt as to an order to pay community debts, the court may impose appropriate sanctions under the law. A party must bring an action to enforce an order to pay a debt pursuant to this subsection within two years after the date in which the debt should have been paid in full. O. Within thirty days after receipt of a written request for information from a spouse who is a party to a dissolution of marriage or legal separation action, which includes the court and case number of the action, a creditor shall provide the balance and account status of any debts of either or both spouses identified by account number for which the requesting spouse may be liable to the creditor. ...For further information, please refer to the Arizona Revised Statues - Title 25
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