About Getting A Divorce
In Arizona

Frequently Asked Questions

1. What are the residency requirements for filing for divorce in Arizona?

To file for divorce in Arizona, at least one spouse must have lived in the state for a minimum of 90 days before filing.

2. Is Arizona a no-fault divorce state?

Yes, Arizona is a no-fault divorce state, meaning neither spouse has to prove wrongdoing for the court to grant a divorce. The only requirement is that the marriage is “irretrievably broken.”

3. How is property divided in an Arizona divorce?

Arizona follows community property laws, which means that assets and debts acquired during the marriage are typically divided equally between both spouses unless an alternative agreement is reached.

4. How is child custody determined?

Courts prioritize the best interests of the child when determining custody. Factors considered include the child’s relationship with each parent, their adjustment to home and school, and the ability of each parent to provide a stable environment.

5. How is child support calculated?

Arizona uses Child Support Guidelines to determine the appropriate amount. Factors such as both parents’ incomes, the child’s financial needs, healthcare costs, daycare expenses, and parenting time are considered.

6. What is spousal maintenance (alimony), and how is it determined?

Spousal maintenance is financial support paid by one spouse to the other after divorce. Courts consider factors such as:

• The length of the marriage
• The standard of living during the marriage
• Each spouse’s financial resources and earning potential
• Contributions to the marriage, including homemaking and supporting the other spouse’s education or career

7. Can child custody or support orders be modified after divorce?

Yes, modifications to child custody or support can be requested if there is a significant and lasting change in circumstances, such as job loss, relocation, or a change in the child’s needs.

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