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Domestic Relations
Frequently Asked Questions
What is family or domestic relations law
Are there residency/venue requirements
What are the legal grounds for dissolving a marriage
What are the grounds for a legal separation
Does Arizona have any special or simplified procedures
Is there any special counseling requirements
How does the Court distribute property
How does the Court handle alimony or maintenance
How is child custody handled
How is child support handled
Are premarital agreements enforceable
Can grandparents obtain visitation rights
How can a lawyer help
What is family or domestic relations law…
Law involving the creation, maintenance, and dissolution of relationships between individuals.
Are there residency/venue requirements…
One of the spouses must have lived in the state at least ninety days before filing for dissolution of marriage. The divorce is properly filed in the county in which the petitioner resides at the time of filing. There is also a sixty-day waiting period after the service of process on the Respondent or after the Respondent's acceptance of service.
What are the legal grounds for dissolving a marriage…
Arizona is a no-fault state. One of the parties must simply plead an irretrievable breakdown of the marriage and desire to live separate and apart.
What are the grounds for a legal separation…
One of the parties must simply plead an irretrievable breakdown of the marriage and desire to live separate and apart and must live in the state of Arizona when the action for legal separation is filed. No residency time limit is required. If one spouse objects to a legal separation, the case will be amended to be an action for dissolution of the marriage.
Does Arizona have any special or simplified procedures…
Acceptance and waiver of service is allowed. Arizona law expressly encourages separation agreements. In addition, dissolution of marriage petitions may be heard before a court commissioner if an appearance and waiver is filed.
Is there any special counseling requirements…
Prior to dissolution: either spouse may ask the court to order mediation for the purpose of a reconciliation to save the marriage or to obtain an amicable settlement and avoid further litigation. After dissolution of marriage has been filed: either spouse may request that the dissolution of marriage proceedings be transferred to the Conciliation Court for mediation. In addition, if one spouse denies that the marriage is irretrievably broken, the court may delay the case for up to 60 days and order the spouses to attend a conciliation conference.
How does the Court distribute property…
Sole and separate property is retained by the owner of the property. Arizona is a "community property" state. Any property acquired by either spouse outside of Arizona shall be deemed to be community property if the property would have been community property if acquired within Arizona. Community or marital property (property acquired during the marriage) is divided and awarded equitably. Marital misconduct is not considered in the division. The court may consider excessive or abnormal expenditures of community property; and any destruction, concealment, or fraudulent disposition of community property in making the division. In addition, the court may place a lien upon a spouse's separate property in order to secure payment of child support or spousal support.
How does the Court handle alimony or maintenance…
Can be awarded to either spouse, if the spouse seeking maintenance:
- lacks sufficient property to provide for his or her reasonable needs; or
- unable to support him or herself through appropriate employment; or
- is the custodian of a child whose age and condition is such that the custodian should not be required to seek employment outside the home; or
- lacks earning ability in the labor market to adequately support him or herself; or
- contributed to the educational opportunities of the other spouse; or
- had a marriage of long duration and is of an age which may preclude the possibility of gaining employment adequate to support him or herself.
Marital misconduct is not a factor to be considered for maintenance order. The factors to be considered are:
- the time for the spouse to acquire education and training for suitable employment;
- the spouse's future earning capacity;
- the spouse's standard of living during the marriage;
- the duration of the marriage;
- the ability of the spouse providing maintenance to meet his or her needs while providing the maintenance to the other;
- the financial resources of the spouse seeking maintenance (including marital property awarded and the spouse's ability to meet his or her needs independently);
- any destruction, concealment, fraudulent disposition, or excessive expenditures of jointly-held property;
- the comparative financial resources of the spouses including their comparative earning capacities;
- the age of the spouses;
- the physical and emotional condition of the spouses;
- the usual occupations of the spouses during the marriage; and
- the vocational skills of the spouse seeking maintenance.
How is child custody handled…
In awarding custody, the court considers the best interests of the child and the following factors:
- the preference of the child;
- the desire and ability of each parent to allow an open, loving, and frequent relationship between the child and the other parent;
- the wishes of the parents;
- the child's adjustment to his or her home, school, and community;
- the mental and physical health of the child and the parents;
- the relationship between the child and the parents and any siblings;
- any evidence of significant spouse or child abuse
- any coercion or duress in obtaining a custody agreement;
- which parent(s) have provided primary care of the child; and
- any evidence of or conviction for drug abuse.
No preference is supposed to be given on the basis of the parent's sex. If custody is contested, all other issues in the case are decided first. Joint custody may be awarded if the parents submit a written agreement providing for joint or shared custody and it is found to be in the best interests of the child. The court can order joint custody over the objection of one parent. Grandparents and great-grandparents may be awarded visitation rights. (See Below)
How is child support handled…
Either parent may be ordered to pay child support, without regard to marital misconduct, based on the following factors:
- the financial resources of the child;
- the standard of living the child would have enjoyed had the marriage not dissolved;
- the physical, emotional, and educational needs of the child;
- the financial resources and obligations of both parents;
- any destruction, concealment, fraudulent disposition, or excessive expenditure of jointly-held property; and
- the duration of child visitation and any related expenses.
Awards of child support are to be paid through the court unless the spouses agree otherwise. In addition, there are specific guidelines for child support payments. The amount of support established by using the official guidelines will be the required amount of child support, unless the court finds such an amount would be inappropriate or unjust. Every child support order must assign one or both of the parents responsibility for providing medical insurance coverage for the child and for payment of any medical expenses not covered by insurance. Unless there is contrary evidence presented in court, the court will assume that the non-custodial parent is capable of full-time work at the Federal minimum wage (unless the parent is under 18 years of age and attending high-school).
Are premarital agreements enforceable…
The agreement must be in writing and signed by both parties and is enforceable without consideration. The agreement will not be enforceable if the party can prove either that he or she did not execute the agreement voluntarily, the agreement was unconscionable when executed, and before execution of the agreement the spouse was not provided a fair and reasonable disclosure of the property or financial obligations of the other spouse, did not voluntarily waive any right to the disclosure of this information, and did not have adequate knowledge of these obligations. If a provision of the agreement modifies or terminates spousal support which causes that spouse to be eligible for public assistance, the court may order the other spouse to pay support.
Can grandparent obtain rights to visitation…
In some cases grandparents may be eligible for visitation rights.
How can a lawyer help…
Our firm has experienced family law attorneys that understand the complexities involved in this area. Maintenance, child custody, and child support are issues that are too important to be left to chance. In addition, our attorneys are able to often obtain, after the fact, modifications in awards that a party may feel is unfair. Whether starting, responding, or attempting to modify a domestic relations order or decree experienced legal help is often needed to successfully obtain the desired result.
This site contains general information that is intended to be accurate and up to date. It is not intended to provide legal advice. For legal advice, please personally consult with an experienced attorney. For further information see our “Conditions of Website Use”.
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