Divorce FAQ

What is Divorce in Arizona?

In Arizona, divorce is legally called a Dissolution of Marriage. It ends the marital relationship through the court system and addresses property division, spousal support, and other issues. Arizona is a no-fault divorce state, meaning neither spouse needs to prove any wrongdoing – only that the marriage is irretrievably broken. This approach simplifies the filing process and allows couples to resolve matters without assigning blame.

Can I File for Divorce in Arizona?

Yes, though meeting residency requirements is essential for the court to hear the case. To file for divorce in Arizona, at least one partner must have lived in the state for 90 days. You must submit a Petition for Dissolution of Marriage to the Superior Court in your county and serve your spouse with the documents. This divorce procedure begins once service is complete, and the court will not move forward until all filing requirements are met.

How Long Does It Take to Get a Divorce in Arizona?

The minimum time to finalize a divorce in Arizona is 60 days from the date the petition is served to the other party. However, the process can take much longer if any disputes over property, parenting time, or other matters arise and require additional court hearings or negotiations. An uncontested divorce often moves faster than contested cases because both parties agree on all terms. Working with an experienced attorney helps keep the divorce process organized and avoids unnecessary delays.

Am I Eligible for Spousal Support?

Spousal support eligibility in Arizona varies based on the circumstances of the marriage. Some primary factors include the length of the marriage, the financial need of the requesting spouse, and whether one spouse contributed to the other’s education or career. A judge may also consider the age and health of each spouse, as well as the standard of living during the marriage. If you lack sufficient property or income post-divorce or are unable to work, support could be granted. Speaking with an attorney will give you an essential understanding of how courts evaluate spousal maintenance.

How is Property Typically Divided in an Arizona Divorce?

Arizona is a community property state, which means property and any debts acquired during the marriage are split roughly equally. This includes houses, vehicles, and joint accounts, while assets like inheritances or pre-marriage property are typically considered separate and remain with the original owner. The court evaluates fairness when dividing property, and in some cases, assets like a home may require buyouts or refinancing. Couples can agree on terms, or the judge will decide if disputes arise.

My Ex-Spouse Is Not Complying With the Court Order. How Do I Make Them Comply?

If your ex-spouse disobeys a court order, such as refusal to pay spousal support or transfer property, you can file a motion to enforce the order. The court may schedule a hearing to determine whether the non-compliance is willful. If the judge finds a willful violation, the offender could face penalties like fines, jail time, or covering your legal expenses. Gather evidence of violations, submit it to the court, then consult an attorney to explore steps you can take to enforce compliance. Acting quickly helps protect your rights and maintain the integrity of the court’s ruling.

How Are the Marital Assets and Debts Handled in a Divorce?

Arizona follows community property laws, meaning that any assets and debts acquired during the marriage are generally divided equally, or 50-50, between the spouses. However, courts also aim for fair and equitable outcomes, which can adjust this division depending on the situation. Separate property, such as assets, inheritances, or gifts owned by one spouse before marriage, is excluded from the division process under Arizona law. For those navigating military divorce cases, unique factors like pensions or benefits may also be considered when dividing marital property.

How Do I File for a Divorce in a Covenant Marriage?

Filing for divorce in a covenant marriage in Arizona requires specific legal grounds. Legal grounds for a divorce in a covenant marriage can include adultery, domestic violence, abandonment for at least one year, two years of separation, substance abuse, or a felony conviction. First, you’ll need to meet Arizona’s residency requirements and file a Petition for Dissolution with supporting documentation proving the grounds for divorce. If both spouses agree to dissolve the covenant marriage without dispute, the divorce process may be quicker.

The Arizona Judicial Branch provides forms for this process, and understanding the types of divorce in Arizona helps clarify how covenant marriage differs from standard cases. For guidance, consult with an attorney familiar with Arizona’s unique covenant marriage laws.

How Does Child Support Get Calculated in Arizona?

Child support in Arizona factors in both parents’ gross incomes, parenting time, the number of children, and expenses like healthcare and daycare. The state uses the Arizona Child Support Guidelines for consistency in calculations. The support payments aim to balance responsibilities between both parents while prioritizing the child’s needs. A military family lawyer can assist if one parent serves in the armed forces, ensure compliance with Arizona law, and address any unique considerations for service members.

Why Choose Hector A. Montoya’s Law Office for Contested Divorce

At the Law Office of Hector A. Montoya, P.L.L.C., we know how critical it is to have experienced guidance during a divorce. With practice rooted in Tucson and Pima County, attorney Hector A. Montoya brings decades of knowledge to each unique case. When you partner with our legal team, we’ll make your goals the priority, develop a clear strategy, and work toward achieving a favorable outcome.

From simplifying uncontested and military divorce cases to supporting complex marital estates and business affairs, our law firm provides the expertise needed to move efficiently through the process while safeguarding your interests. Trust us to deliver personalized representation that truly makes a difference.