Arizona Divorce Laws:
Things You Should Know

No one actually desires to go through a divorce, regardless of what state they live in. While some divorce laws stay universal, there are some that differ from state to state. If you live in Arizona, you should know what the Arizona divorce laws are, and you will find a few of the important ones here.

Residency requirements are the first thing that you need to pay attention to. Without meeting the residency requirements, you cannot even begin to start an Arizona divorce proceeding. Basically, you or your soon to be ex-spouse must be a resident for at least 90 days before a petition can be submitted to the court system. Once you have determined that you or the other party has met the residency requirements, you can then proceed to the next step.

There are seven main reasons that are acceptable as the reasoning for the divorce, and unless at least one of these reasons is met, the divorce will not be granted by the court. These seven reasons are: one of the parties has committed adultery, one of the parties is currently serving a prison sentence for a felony charge, one of the parties has abandoned the other and must be absent for at least one year, there is some form of abuse suffered at the hand of one of the parties, there has been a separation for at least two years, there is substance abuse of any kind by one of the parties, or both parties have agreed on the divorce. These are the reasons for an Arizona divorce that are recognized by the state's court system.

You will also need very specific documentation in order to qualify for a divorce. Arizona divorce laws require a Decree of Dissolution of Marriage and a Petition for Dissolution of Marriage. You will also need other documents such as a Marital Settlement Agreement, which mainly deals with the division of property, a Credit Notification Form, which will help with dissolving joint accounts, the Affidavit Regarding Minor Children, if there are any children involved, and a Request for Hearing. It is also advisable that you seek the aid of an attorney to handle your Arizona divorce, especially if you are not the resident of the state.

Another important law for an Arizona divorce is the distribution of property. This is one of the laws that will vary by state. Arizona follows the community property laws that state that any properties that were acquired during the marriage need to be divided equally between both parties. Under this law, if you cannot agree to an equal half and half split of the property, the court will decide for you.

You should also know that there are specific laws that are related to the payment of alimony in an Arizona divorce. If the divorce is due to adultery committed by one of the parties, the guilty party will usually have to pay alimony to the innocent party. If the wife is the adulterer, the court will not typically award the payment of alimony by the husband. On the other hand, if the husband was the adulterer, the court almost always award alimony payments.

If you or the other party are residing in the state of Arizona, and there is a divorce that needs to be filed, it is important to know the Arizona divorce laws so that you have better odds of getting the divorce accepted by the court in a timely manner. If you are unsure of what you are supposed to do or you need more information, you will need to contact a lawyer.