Arizona Divorce Laws and Requirements

divorceIn Arizona, divorce is typically called “dissolution of marriage.” In this state, only the Arizona Superior Court can grant a divorce, when one spouse has started a case in the Court.

Either spouse can ask the court for a divorce, which simply changes the status of a marriage relationship. The court case to end a marriage must be started in the county where the person requesting the divorce currently resides.

Before the court case begins, it is required that either spouse has lived in Arizona for at least 90 days, or they must have been a member of the armed forces and stationed in Arizona for at least 90 days. Issues regarding child custody may require a longer residence time.

For most marriages, Arizona does not require that one spouse proves blame or responsibility for the dissolution of the marriage. The only question from the Arizona Court is if the marriage is “irretrievably broken,” meaning that there is no chance of reconciliation.

In a covenant marriage, wherein the couple has agreed to pre-marital counseling, there are several factors that may be considered as grounds for a divorce:
– Adultery
– Commission of a felony and imprisonment as a result
– Abandonment for at least one year
– Physical or sexual abuse
– Living separate and apart for at least two years
– Habitual drug or alcohol abuse
– Both spouses agree to the dissolution of the marriage

A divorce in Arizona Court cannot be granted until at least 60 days after the other spouse has been served with court papers. If the spouses are in agreement on the divorce and other issues such as property division and child support, the divorce can be finalized soon after the 60-day waiting period. If the spouses are not in agreement, the time it will take to finalize the divorce depends on the issues and how complicated they are, and how quickly they can be handled.

Every divorce case is different. An experienced Glendale divorce lawyer at The Sampair Group will look at the unique circumstances of your divorce and work with you to reach the best possible outcome. Contact us today for a free consultation.

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