Is Arizona a No Fault Divorce State?
Arizona has what is commonly called a no-fault ground for dissolution which means that there needs to be NO specific reason for the divorce. Reasons typically include: adultery, abandonment, domestic violence, etc. However, you do need to state in your divorce petition that the marriage of the parties is irretrievably broken.
At The Zickerman Law Office, PLLC, we understand how difficult the process of divorce can be on you and your family. As such, we offer comprehensive and compassionate divorce services to help you with each step. Whether you require help with your contested or uncontested divorce, our attorney can provide you with the guidance and support you need to navigate the divorce process with peace of mind.
Secure an initial consultation with our office by contacting us online today.
Differences Between an Uncontested and Contested Divorce
In an uncontested divorce, the couple reaches an agreement on all divorce-related issues, so there is no need to go to court. In a contested divorce, the couple disagrees on one or more issue related to their divorce and requires the assistance of the court.
What Are the Requirements for Filing for Divorce in Arizona?
To file for divorce in Arizona, either you or your spouse must have been domiciled in Arizona for at least 90 days. To be domiciled means you are required to take action to indicate your intent to make Arizona your primary state of residence.
A member of the armed forces will be considered a resident of Arizona if she/he was stationed in Arizona for a continuous period of 90 days.
How Is Child Custody Determined in Arizona?
If you have any minor children, there will need to be a custody determination during the divorce proceedings. If you and your spouse cannot reach an agreement on child custody and parenting time, you will then be required to submit a proposed parenting plan to the judge.
The judge will consider the following factors:
- Relationship between the parent and child
- Relationship between the child and parents, siblings, and other significant persons
- Child’s adjustment to home, school, and community
- Preferences of the child, if of suitable age and maturity
- Mental and physical health of each parent and the child
- Which parent is more likely to foster contact with the other parent
- History of domestic violence
- Ability of the parents to cooperate in decision-making
- Any other factor the court determines is suitable
Property Division in Arizona
Arizona is a community property state, meaning all property and debts acquired during the marriage are considered marital property.
Our Flagstaff divorce lawyer has been advocating for families since 2003. If you require assistance with the divorce process, need an advocate as you navigate divorce negotiations, or would like help coming up with a strategy to help you secure a favorably outcome, our office is here to support you.