Arizona Divorce Information
The Basics of Arizona Law
What are the issues?
Arizona is a no-fault state, meaning that the parties do not have to establish grounds for divorce. Instead, either party may simply affirm that their marriage is irretrievably broken, and without prospect of reconciliation. Certainly, we are in favor of the institution of marriage, and encourage counseling where reconciliation is possible. However, we recognize that such efforts are often futile, and our services are available wherever necessary.
Under Arizona Law, a divorce typically involves five issues. First is the division of property. The law requires equitable division, with regard to all community property. There are categories of separate property under Arizona Law, including property owned prior to the marriage, as well as property received by gift or inheritance during the marriage. Community property typically consists of property acquired during the marriage, regardless of which spouse made the purchase. Such items typically include purchased items, real estate, bank accounts, investment accounts, retirement accounts, and business ownership.
The second issue is division of debt. Again, to the extent it accrued during the marriage, debt is typically treated as community debt. Exceptions would include debt which was incurred prior to the marriage, as well as debt which was incurred in conduct contrary to the community, such as debt incurred to have an affair. Debts of the community typically include mortgage payments, vehicle loans, credit cards, and unpaid medical expenses.
The third issue is child custody and parenting time. Under Arizona Law, legal custody governs decision making. Typically, the courts want both parents involved, and joint legal custody is encouraged. In that way, both parents participate in decisions involving medical care, educational placement, and religious upbringing, for the benefit of the minor children. However, under some circumstances the parents cannot work together, and a sole custody arrangement is necessary. However, in Arizona, sole custody is the exception, typically applied only in unusual and extreme circumstances.
More importantly, a determination of parenting time must be made. If the parents are unable to agree on a parenting time arrangement between them, the court will decide upon a schedule and impose it. Thus, it is generally better for the parties to attempt to reach an agreement. We work with our clients, to complete a parenting plan with regard to a specific schedule for ongoing contact with both parents, as well as an understanding for holidays, birthdays, and vacation time. Further, we encourage resolution of other scheduling issues, such as potential relocation, first rights of babysitting, healthy communication, and nurturing and support of the children.
The fourth issue is child support. Child support is calculated in accordance with guidelines set forth by the Arizona Supreme Court. In fact, child support can be easily calculated using the website link at www.azcourts.gov. It is a mathematical formula, based largely upon the income of the parties, the amount of visitation, and other expenses incurred for the children. Please understand that child support guidelines are subject to revision by the Arizona Supreme Court. Accordingly, it is recommended that our clients periodically input information and check the current calculations, to determine if we should seek modification of child support.
The fifth issue is spousal maintenance, also known as spousal support or alimony. Spousal support calculations are not based upon a mathematical formula. Although for a period of time Maricopa County had a mathematical formula, it was the exception, rather than the adopted norm. As a result, Maricopa County has now dismissed its spousal maintenance guidelines, and no longer uses any guidelines. Instead, Arizona Judges are free to use their discretion to determine spousal maintenance. The determination is governed by certain threshold requirements, which require consideration of the length of marriage, and the needs of the dependent spouse. If threshold determinations are met, pursue into ARS section 25-319, the court then considers numerous other factors to decide upon an amount of support. Often, judges look closely at the earning ability of the higher income spouse and the needs of the lower income spouse.
Of all the advice we give to clients, the most important is this: do not make decisions out of fear. The legal system is established to ensure that people are safe, secure, and their needs are met. This includes a broad range of solutions for problems commonly encountered. For example, the court system allows for temporary orders, meaning orders that are established at the beginning of any case, to determine how the parties will conduct their financial affairs, and care for the children, during the pendency of the case. In other words, court orders can be obtained at the very beginning of your case, in order to ensure that bills get paid, children are cared for, and each parent has a place to live. On occasion, one party or the other has legitimate concerns about their safety, and a protective order becomes necessary. Most importantly, no one is allowed to intimidate, coerce, or threaten the other, nor are the parties allowed to put the children in the middle, or involve the children in the conflict occurring between or among the involved adults. On occasion, the conflict is extreme, and a parenting coordinator is appointed by the court. A parenting coordinator is simply an individual who overseas parenting and enforcement of court orders, to ensure that the parties are conducting themselves appropriately, and respectfully toward each other.
If you have questions, call us
We know that every case is different. Like fingerprints, there are no two cases alike. If you would like your questions answered concerning divorce, custody, support, or any such issues, call us: Cottonwood: (928) 634-4600, Sedona: (928) 204-9900, Phoenix area: (623) 692-6355.
