In Arizona, one spouse must reside in the state for at least 90 days prior to filing for divorce. Irretrievable breakdown of the marriage is the only grounds needed for a no-fault divorce, though covenant marriages allow additional grounds like adultery or abandonment. The court will consider factors like child preferences, parental relationships, and domestic abuse when determining child custody and awarding alimony or child support. Property acquired during the marriage is divided equitably, without consideration of misconduct.

1. Arizona Divorce Law
Residency Requirements
In Arizona one of the spouses must have lived in the state at least 90 days before filing for
divorce. The divorce should be filed in the county in which the petitioner resides at the time
of filing. There is also a 60-day waiting period after the service of process on the Respondent
(or after the Respondent’s acceptance of service.
Legal Grounds for Divorce
No Fault Divorce:
Irretrievable breakdown of the marriage. [Arizona Revised Statutes Annotated; Title 25,
Chapter 312].
General Divorce:
Irretrievable breakdown of the marriage is the only grounds for dissolution of a
“standard” marriage in Arizona. However, Arizona recognizes what is termed a “covenant
marriage,” which is presumably a higher standard of marriage. The grounds for
dissolution of a covenant marriage are:
 Adultery
 Conviction of a felony which mandates imprisonment or death
 Abandonment for over 1 year
 Commission of domestic violence against spouse, child, or relative
 Living separately and continuously and without reconciliation for over 2 years
 Living separately for over 1 year after a legal separation is obtained
 Habitual use of drugs or alcohol
 Both spouses agree to dissolution.
Legal Separation :
Irretrievable breakdown of the marriage or that one spouse desires to live separate and apart
are the grounds for legal separation in Arizona. However, if the marriage is a “covenant
marriage,” the grounds for legal separation are the same as the grounds for a general
dissolution of a “covenant marriage” listed above, under Legal Grounds for Divorce. One of
the spouses must live in the state of Arizona when the action for legal separation is filed. No
residency time limit is specified. If one spouse objects to a legal separation, the case will be
amended to be an action for dissolution of the marriage.
Divorce Mediation:
Prior to filing for divorce, either spouse may ask the court to order mediation for the purpose
of a reconciliation to save the marriage or to obtain an amicable settlement and avoid further
litigation.
After a divorce has been filed, either spouse may request that the divorce proceedings be
transferred to the Conciliation Court for mediation. Official forms for requesting this transfer
are available from the clerk of any Superior Court. In addition, if one spouse denies that the
marriage is irretrievably broken, the court may delay the case for up to 60 days and order
the spouses to attend a conciliation conference. In addition, a judge may require spouses to
attend conciliation conferences. Finally, there is a required delay of 60 days after the service
of papers on the respondent spouse before any hearing may be held for a divorce.

2. Alimony/Spousal Support
 Alimony can be awarded to either spouse, if the spouse seeking maintenance:
 Lacks sufficient property to provide for his or her reasonable needs
 Is unable to support himself or herself through appropriate employment
 Is the custodian of a child whose age and condition is such that the custodian should
not be required to seek employment outside the home
 Lacks earning ability in the labor market to adequately support himself or herself
 Contributed to the educational opportunities of the other spouse
 Had a marriage of long duration and is of an age which may preclude the possibility of
gaining employment adequate to support himself or herself.
Marital misconduct is not a factor to be considered. The
factors to be considered are:
 The contribution of the spouse seeking maintenance to the earning ability of the other
spouse and the extent that the seeking spouse reduced his or her income or career
opportunities to benefit the other spouse
 The time for the spouse to acquire education and training for suitable employment
 The spouse’s future earning capacity
 The spouse’s standard of living during the marriage
 The duration of the marriage
 The ability of the spouse providing maintenance to meet his or her needs while
providing the maintenance to the other
 The financial resources of the spouse seeking maintenance (including marital property
awarded and the spouse’s ability to meet his or her needs independently)
 Any destruction, concealment, fraudulent disposition, or excessive expenditures of
jointly-held property
 The comparative financial resources of the spouses including their comparative earning
capacities
 The age of the spouses
 The physical and emotional condition of the spouses
 The usual occupations of the spouses during the marriage
 The vocational skills of the spouse seeking maintenance
 The ability of both parties to contribute to the future educational costs of any children
 Any other factors the court may deem just and equitable.
Awards of alimony are to be paid through the court unless the spouses agree otherwise.
Alimony agreements may be made non-modifiable by agreement of both spouses.

3. Child Custody in Arizona
In awarding custody, the court considers the best interests of the child and the following
factors:
 The preference of the child.
 The desire and ability of each parent to allow an open, loving, and frequent
relationship between the child and the other parent.
 The wishes of the parents.
 The child’s adjustment to his or her home, school, and community.
 The mental and physical health of the child and the parents.
 The relationship between the child and the parents and any siblings.
 Any evidence of significant spouse or child abuse.
 Any coercion or duress in obtaining a custody agreement.
 Which parent(s) have provided primary care of the child.
No preference is to be given on the basis of the parent’s sex. If custody is contested, all other
issues in the case are decided first. Joint custody may be awarded if the parents submit a
written agreement providing for joint or shared custody and it is found to be in the best
interests of the child, after a consideration of the general child custody factors (above) and
the following additional factors:
 That neither parent was coerced or influenced by duress into withholding or granting
his or her agreement to joint custody.
 That the parents can sustain an ongoing commitment to the child.
 That the joint custody agreement is logistically possible.
Grandparents and great-grandparents may be awarded visitation rights.
Child Support
Either parent may be ordered to pay child support, without regard to marital misconduct,
based on the following factors:
 The financial resources of the child.
 The standard of living of the child during the marriage.
 The physical and emotional needs of the child.
 The financial resources and obligations of both parents.
 Any destruction, concealment, fraudulent disposition, or excessive expenditure of
jointly-held property.
 The needs of the child.
 The duration of parenting time and any related expenses.
Awards of child support are to be paid through the court unless the spouses agree otherwise.
In addition, there are specific Arizona Supreme Court guidelines for child support payments
available from the Clerk of any Superior Court. The amount of support established by using
the official guidelines will be the required amount of child support, unless the court finds
such an amount would be inappropriate or unjust.
Every child support order must assign one or both of the parent’s responsibility for providing
medical insurance coverage for the child and for payment of any medical expenses not

4. covered by insurance. Unless there is contrary evidence presented in court, the court will
assume that the non-custodial parent is capable of full-time work at the Federal minimum
wage (unless the parent is under 18 years of age and attending high-school).
Property Distribution in Arizona:
Arizona is a “community property” state. Separate property is retained by the owner of the
property. Community or marital property (property acquired during the marriage) is divided
and awarded equitably. Marital misconduct is not considered in the division. The court may
consider excessive or abnormal expenditures of community property, and any destruction,
concealment, or fraudulent disposition of community property in making the division. The
court may place a lien upon a spouse’s separate property in order to secure payment of child
support or spousal support. A special Notice regarding debts and creditors is provided by
statute and must be included on any materials served to the respondent. In addition, at the
request of either spouse, the court shall order the spouses to submit a “debt distribution
plan” which allocates the responsibilities for debts. Forms for this are included in Arizona
Revised Statutes; Title 25, Chapter 318.
Disclaimer: The divorce law information provided is for informational purposes only not for legal
advice purposes. This information is general in nature. Each jurisdiction has specific code and
court procedures. A local divorce attorney is your best source for how divorce is treated in
your jurisdiction. Before making any legal decisions we encourage you to consult with a local
attorney…do not make decisions based on general state divorce law.