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Determine your eligibility

Step 2

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Step 1

Determine your eligibility

Step 3

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RESIDENCY REQUIREMENTS

In order to file for divorce in the State of Arizona, either spouse must have lived in the state for at least 90 days. A longer waiting period will be required if custody of children is at issue. A divorce will only be granted 60-days after the responding spouse has been served.

GROUNDS

An irretrievable breakdown of the marriage is the only grounds for the dissolution of a marriage in the state of Arizona.

CHILD CUSTODY

The court will determine custody based solely on the best interests of the child. Either individual or joint custody may be awarded, as long as the child’s best interests are preserved. The court may issue an order for joint custody of a child if both parents are in agreement and submit a written parenting plan.

When determining custody, the court may take the desires of the parents and the child(ren) into consideration, as well as who the primary caregiver of the child has been. Other factors which the court considers include the mental and physical health of either party; whether or not a parent has a drug offense or any sort of criminal conviction on his or her record; and which parent would be more likely to allow the child frequent and meaningful contact with the other parent, to ensure that both parents are involved in raising the child.

CHILD SUPPORT

Unless special circumstances exist, Arizona’s specific child support guidelines apply in virtually every case. Both parties gross income and other child related expenses are taken into consideration in the child support calculation. In some cases, child support may be extended through the child’s secondary education.

MEDIATION

Arizona courts strongly encourage mediation and conciliation counseling. Mediation may commence with a court order, by agreement of the parties, or by law, in the case of a covenant marriage.

FILING FEES

Court filing fees are in addition to the cost of using LegalZoom.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.

Common Questions