Top 5 Arizona Divorce Laws

The top 5 things everyone should know about Arizona divorce laws.


Arizona divorce law recognizes what is termed a covenant marriage, which is a higher standard of marriage. Covenant marriages may be ended on grounds of 1) adultery, 2) conviction of a felony which mandates prison or death; 3) abandonment for more than one year, 4) commission of domestic violence against the spouse, child or relative, 5) living separately and continuously and without reconciliation for over two years, 6) living separately for over 1 year after a legal separation is obtained; 7) habitual use of drugs and alcohol, or 8) both spouses agree to the dissolution.

Irretrievable breakdown of the marriage, or one spouse wanting to live separate and apart, are both grounds for a legal separation and not divorce, under Arizona divorce law.

Arizona is a community property state, this means that marital property and debt are divided equally, regardless of who\'s name is on the title. The court shall assign each spouse\'s sole and separate property to such spouse.

If one of the parties denies under oath or affirmation that the marriage is irretrievably broken, the court shall hold a hearing to consider all relevant factors as to the prospect of reconciliation and will then decide upon all factors discussed, if this is upstanding and true under Arizona divorce laws.

When and if minor children are involved in a dissolution of marriage, the Arizona courts will do everything within the best interest if the child. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.

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