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Arizona Divorce Laws

For some, one of life’s obstacles is going through a divorce

Arizona Divorce Laws
This decision is not one made over night. Divorce is definitely a conclusion to think about over a period of time. In the state of Arizona the regulations of filing a divorce vary from other states. Some topics to consider when resulting to a divorce are child support, alimony and property distribution.

To the best of the spouse’s ability it is helpful to lean towards marriage counseling before divorce. Unfortunately, even with this option it is still a struggle. We will continue with a detailed outline of the Arizona divorce laws and procedure.

To start the steps of divorce the spouses will need to file Arizona Divorce papers in the county of residency. Only if the spouses are a resident of Arizona may they file such an account. It is imperative the spouses are a resident of the state of Arizona, for at least 90 days, for them to file for divorce. After filing Arizona Divorce Forms and Papers there is a waiting period of 60 days for a granted divorce. To file the couple will seek the proper facility and personal in the county in which they live. Divorce is permissible for various reasons, such as adultery, violence and/or drugs, mental illness, personal indignities and other matters. No one wants to be in an unhealthy marriage. One key component is the kids well-being in the relationship. Who will take responsibility of the children full-time?

Arizona Divorce Laws and Child Custody
Child Custody is a key factor to consider. The best solution for the children is important. The best outcome is wanted especially for younger kids who may not understand. Younger children can become greatly effected to a divorce. Child custody will try to minimize any emotional strains on the family. There should already be an established agreement as to who will be the sole caregiver to the children. If this is not decided before the court order the judge will make the make the better decision. The judge focuses on the wider scoop of the both parents situation when choosing the caregiver. Some aspects that are within the decision making are:

Is the parent financially fit to provide?
Do the child and parent have a good connection/bond?
Has there been any sign of abuse with this parent previously?
What is the child’s opinion?

Child Support is a system where the parent without custody of the child pays a monthly fee to help support the single parent. In Arizona child support has to follow the Arizona Child Support Guidelines. The final decision is made by the Supreme Court. Based on income and using the Income Shares Model financial help is divided. With help from the model the judge is then able to relay the message of how much should be going toward the child. Child support is just an option and is not mandatory in a divorce. Those that opt out of child support usually have the means to provide for the child without additional income other than their own. Child support can last until the child reaches eighteen years of age and can be extended until they finish college. A few other reasons why child support may continue in Arizona are:

The child is mentally, physically ill and will not be self-sufficient
Due to the disability, if before the divorce, child support may continue even after the age limit

Alimony is also called spousal support. This is similar to child support yet it is for the spouse. Although spousal support can either be a short-term or long-term deal. For spousal support to be short-term the spouse:

Just ones one lump sum due to the divorce (which can also be paid through payment plans)
Lack of financial support for a short period of time immediately after the divorce

Long-term spousal support can work if the spouse:

Length of marriage
Has the spouse been out of work for a long period of time?
Is the spouse able to work or find any type of employment due to a possible health condition?
A plan to help children with funding for education in the future

Child support can fluctuate in payment depending on the incomes of either or both parties. It can even be cancelled before the child reaches his/her age limit.

Arizona Divorce Laws and Property
Property distribution follows the same guidelines as the other subjects, who is best fit? In Arizona there is a policy called community property, which basically means that which is accumulated during the marriage be separated. Property outside of the state will be classified as community property. Community debts are pinned to either spouse. Which can be settled with ones bankers, credit unions and other finance companies. Distribution of property if not decided by the couple will be a judges decision.

Arizona Divorce Laws in Conclusion
Creditors are not involved in the courts case when it comes to property. They should be dealt with outside of the court decision. The parent with the children are more likely to have more rights to the property that the non-custodial parent. Sometimes if the properties were bought in the same time frame of the marriage, it would be divided evenly. Arizona divorce laws are set to protect the man and the woman, as well as the children.

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