Phoenix Divorce Laws

Arizona requirements for dissolving a marriage

Phoenix divorce law, as with all marriage dissolution statutes in Arizona, require lawyers and their clients to adhere to key, basic rules. The divorce laws in Phoenix place important considerations on anyone considering a divorce:

• One or both spouses must reside in Arizona for at least three months. Members of the armed services stationed in the state must meet this eligibility requirement.
• Fault need not be found in standard divorce cases, contested and uncontested. You simply need to determine that irreconcilable differences exist and that both parties agree to the divorce.
• If one party is resistant to the divorce, laws in Phoenix require that the dissolution be treated as a contested case.
• Covenant marriages are held to a higher standard, such that a divorce must necessarily involve adultery, abuse of one partner by another, abuse of alcohol or drugs, commitment of a felony by one spouse that leads to imprisonment, abandonment for one year, or a mutually-agreed separation for two years.
• Phoenix divorce laws also allow for collaborative and mediated case treatment, where there may be disagreements on custody and asset and debt distribution, but under which both parties agree to seek amicable resolution in the spirit of a win-win solution (versus win-lose, as is often the approach in contested cases).
• Property distribution according to divorce law in Phoenix meets the Arizona definition as a community property state. This allows a judge to distribute assets and debts in a 50-50 equitable manner if the parties cannot reach an agreement, or according to formulas that account for child support, contributions each party made to property values in the course of the marriage, or other considerations.
• Other considerations in the distribution of assets, as determined by the court: damages and judgments from criminal behavior, excessive or abnormal expenditures, unnecessary destruction of assets, or concealment or fraudulent disposition of assets.
• Joint custody can mean both legal and physical custody is shared between both parents, while joint legal custody means shared legal custody but with certain decisions allotted to one parent over the other.
• Joint physical custody is when the child or children are spending approximately the same amount of physical time with both parents (separately).
• Parenting time is when a parent receives physical placement of the child but cannot make major decisions regarding the child beyond routine daily decisions.
• Sole custody is when only one parent has legal and physical custody of the child.

When you need expert legal counsel to handle the complexities of your divorce

The complexity of issues and statutes in divorce generally require expert legal counsel. The Phoenix divorce law firm of Ronald A. Saper, P.C. is dedicated to achieving optimal divorce settlements and child custody arrangements for its clients. Contact us for skilled legal guidance.