FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE IN ARIZONA
How long does the divorce process take in Arizona
At least 60 days because after the petition is served there is a 60 day time out before the court grants the divorce. It is a waiting period technically speaking.
2. What is the residency requirement?
One of the two spouses must have been a resident of Arizona for at least 90 days immediately preceding the filing of the petition.
3. How are assets in the marriage distributed?
Arizona is a community property state like Texas, California and Wisconsin among a few others. That means that property division will be split down the middle except for gifts and items considered separate property.
4. What are the grounds for divorce in Arizona?
Largely, Arizona is a no fault state so neither party has to prove grounds except if they had what is called a “covenant marriage.”
5. What is a covenant marriage?
Try this page. In a nutshell, parties who get a covenant marriage agree to seek pre marital counseling before tying the knot and they also agree that in order for there to be a divorce, there has to be grounds. In Arizona (only Louisiana and Arkansas offer a similar type of situation) the parties must prove either adultery, a felony, abuse, abandonment and/or drug habituation or abuse. It is not enough to say the parties have “irreconcilable differences” if the parties had a covenant marriage.
6. How can I get sole custody of my child under Arizona law?
One way is if your ex refuses to participate in the mandatory parental education program. In such a scenario, the parent would lose custody to the other parent if that parent attended the classes and is otherwise a fit custodial parent.
7. What are the consequences to shifting community assets under Arizona law prior to filing for divorce?
It depends. If the shift was meant to hide the assets and then to fraudulently claim there are no assets in a financial affidavit, the consequences could include forfeiture of rights and title to that property. But prior to a filing of divorce, both parties would own the property and it would not be illegal to dispose of one’s own property under normal circumstances.
8. Can I get a legal separation under Arizona law?
9. How much does the divorce cost in Arizona?
There really is no one price. It depends on whether it is contested or uncontested. It depends on the attorney and it depends on the specific situation in your case. On average a divorce lawyer in Arizona charges about $175 per hour for a contested divorce action.
10. How does the court decide custody in Arizona?
Usually the court starts with a joint custody presumption and then looks at any extenuating circumstances that would deem such an arrangement not in the best interest of the child.