Grounds for Divorce:
Arizona is a "no-fault" State, meaning that the only grounds necessary to obtain a divorce in Arizona is that the marriage is "irretrievably broken" with "no reasonable prospect for reconciliation."

Annulment:
In Arizona, the grounds for a legal annulment are that the marriage is null and void due to some impediment that prevented a valid marriage from ever taking place. Generally, the grounds for annulment are difficult to show except in very specific, narrow circumstances.
Residence Requirements:
The residency requirement is that at least one of the parties (not necessarily both) have lived in the State of Arizona for at least ninety (90) days prior to filing the divorce action. If only one of the parties lives in Arizona, and the other party has not lived here at all, the Court will be limited in what property it can divide and what orders it can enter against the non-resident spouse, but the Court can dissolve the marriage for the person who lives here.

Domestic Violence:
If your spouse has been physically abusive to you, you can obtain an Order of Protection from the Court before or after filing for a divorce. You do not need to also file a divorce action to obtain an Order of Protection, although they can be filed at the same time.

Who Should File:
Currently, there is no legal significance with respect to whether the husband or the wife file the Petition.

Conciliation Services:
Arizona offers Conciliation Services free of charge through the Court system. This process can be used by either party in an attempt to reconcile. If reconciliation is not an option, Conciliation Court will also help you and your spouse mediate child custody and visitation issues. Mediation is an attempt to get the parties to agree to custody and a parenting-time plan. Conciliation services do not discuss or mediate support or property issues, although private mediation services are available for those issues at a cost to you.

Waiting Period:
No divorce can be granted until at least 60 days have passed since your spouse is served with the Petition. This is a minimum period of time. Most uncontested matters are completed three to four months after service. Contested matters can take as long as 12-18 months or longer, depending on the court's calendar.

Custody:
There is no legal presumption in Arizona favoring either parent for custody of the children, nor is there any legal presumption in favor of joint custody or sole custody. Each case is determined on its own merits. There are two types of joint custody, "joint legal" and "joint physical" custody. Joint legal custody typically means that one parent is the "primary residential parent" and generally has the children more of the time, subject to visitation by the other parent. Joint physical custody typically means an almost 50-50 division of the children's time. In either type of joint custody, the parents are expected to communicate and confer regarding major decisions about the children, such as education, childcare, medical and religious decisions. The Court requires both parents to attend mediation at Court, without attorneys, to discuss the settlement of all custody and visitation disagreements before those issues can be heard by a judge.

Visitation:
If you and your spouse can agree to the details of visitation, the court will usually approve the plan you have worked out. Visitation must state specific schedules including days and times, and must account for major holidays.

Child Support:
Child Support Guidelines have been prepared for the State of Arizona which apportion child support based on the gross incomes of both parents. The Guidelines may be deviated from if both parties agree and if a Court determines that a deviation is in the best interests of the children.

Property and Debt Division:
There is no fixed way to determine how you or the Court should decide how to divide your property, although our law says the division should be "equitable" and equitable almost always means equal. Other factors include whether or not property belongs to the marital community or is the sole and separate property of one of the parties. If you and your spouse agree on a division of property, the Court will usually approve your written agreement. If you cannot agree, the Court will equitably divide your property and debts.

Uncontested Divorce:
Even if you and your spouse both agree you want a divorce, the divorce is only "uncontested" if you agree to every provision concerning custody, visitation, support, maintenance, and division of property and debts. If any of these matters are disputed and cannot be settled through negotiations with the attorneys, your divorce is NOT uncontested and a trial will be necessary.

Our family law and domestic relations attorney is Paul C. Riggs.