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Courts and Community Resources
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Glossary of Family Law Terms
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Arizona Judicial Branch
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State
Statutory Resources
Arizona State Legislature
Divorce Law
25-312. Dissolution of marriage; findings necessary
The court shall enter a decree of dissolution of marriage if it finds each
of the following:
1. That one of the parties, at the time the action was commenced, was
domiciled in this state, or was stationed in this state while a member of
the armed services, and that in either case the domicile or military
presence has been maintained for ninety days prior to filing the petition
for dissolution of marriage.
2. The conciliation provisions of section 25-381.09 and the provisions of
article 5 of this chapter either do not apply or have been met.
3. The marriage is irretrievably broken or, if the marriage is a covenant
marriage, any of the grounds prescribed in section 25-903.
4. To the extent it has jurisdiction to do so, the court has considered,
approved and made provision for child custody, the support of any natural or
adopted child common to the parties of the marriage entitled to support, the
maintenance of either spouse and the disposition of property.
25-316. Irretrievable breakdown; finding
A. If both of the parties by petition or otherwise state under oath or
affirmation that the marriage is irretrievably broken or if one of the
parties so states and the other does not deny it, the court shall make a
finding as to whether or not the marriage is irretrievably broken.
B. If one of the parties denies under oath or affirmation that the marriage
is irretrievably broken, the court shall hold a hearing to consider all
relevant factors as to the prospect of reconciliation and shall do either of
the following:
1. Make a finding as to whether or not the marriage is irretrievably broken.
2. Continue the matter for further hearing, not more than sixty days later.
At the request of either party or on its own motion, the court may order a
conciliation conference. At the next hearing the court shall make a finding
as to whether or not the marriage is irretrievably broken.
C. A finding that the marriage is irretrievably broken is a determination
that there is no reasonable prospect of reconciliation.
25-329. Waiting period
The court shall not consider a submission of a motion supported by affidavit
or hold a trial or hearing on an application for a decree of dissolution of
marriage or legal separation until sixty days after the date of service of
process or the date of acceptance of process.
25-901. Covenant marriage; declaration of intent; filing requirements
A. Persons who have the legal capacity to marry pursuant to this title may
enter into a covenant marriage by declaring their intent to do so on their
application for a license obtained pursuant to section 25-121 and by
complying with the requirements of this chapter. The returned marriage
license shall be recorded as provided by section 25-123 with an indication
that the marriage is a covenant marriage, and the declaration shall be filed
by the clerk.
B. A declaration of intent to enter into a covenant marriage shall contain
all of the following:
1. The following written statement:
A Covenant Marriage
We solemnly declare that marriage is a covenant between a man and a woman
who agree to live together as husband and wife for as long as they both
live. We have chosen each other carefully and have received premarital
counseling on the nature, purposes and responsibilities of marriage. We
understand that a covenant marriage is for life. If we experience marital
difficulties, we commit ourselves to take all reasonable efforts to preserve
our marriage, including marital counseling.
With full knowledge of what this commitment means, we do declare that our
marriage will be bound by Arizona law on covenant marriages and we promise
to love, honor and care for one another as husband and wife for the rest of
our lives.
2. An affidavit by the parties that they have received premarital counseling
from a member of the clergy or from a marriage counselor. Premarital
counseling shall include a discussion of the seriousness of covenant
marriage, communication of the fact that a covenant marriage is a commitment
for life, a discussion of the obligation to seek marital counseling in times
of marital difficulties and a discussion of the exclusive grounds for
legally terminating a covenant marriage by dissolution of marriage or legal
separation.
3. The signatures of both parties witnessed by a court clerk.
C. A notarized attestation that is signed by the clergy or counselor must be
submitted with the application for a license and shall confirm that the
parties were counseled as to the nature and purpose of the marriage and the
grounds for its termination and that the counselor provided to the parties
the informational pamphlet developed by the supreme court pursuant to this
chapter. The clerk shall document that the attestation was submitted.
25-903. Dissolution of a covenant marriage; grounds
Notwithstanding any law to the contrary, if a husband and wife have entered
into a covenant marriage pursuant to this chapter the court shall not enter
a decree of dissolution of marriage pursuant to chapter 3, article 2 of this
title unless it finds any of the following:
1. The respondent spouse has committed adultery.
2. The respondent spouse has committed a felony and has been sentenced to
death or imprisonment in any federal, state, county or municipal
correctional facility.
3. The respondent spouse has abandoned the matrimonial domicile for at least
one year before the petitioner filed for dissolution of marriage and refuses
to return. A party may file a petition based on this ground by alleging that
the respondent spouse has left the matrimonial domicile and is expected to
remain absent for the required period. If the respondent spouse has not
abandoned the matrimonial domicile for the required period at the time of
the filing of the petition, the action shall not be dismissed for failure to
state sufficient grounds and the action shall be stayed for the period of
time remaining to meet the grounds based on abandonment, except that the
court may enter and enforce temporary orders pursuant to section 25-315
during the time that the action is pending.
4. The respondent spouse has physically or sexually abused the spouse
seeking the dissolution of marriage, a child, a relative of either spouse
permanently living in the matrimonial domicile or has committed domestic
violence as defined in section 13-3601 or emotional abuse.
5. The spouses have been living separate and apart continuously without
reconciliation for at least two years before the petitioner filed for
dissolution of marriage. A party may file a petition based on this ground by
alleging that it is expected that the parties will be living separate and
apart for the required period. If the parties have not been separated for
the required period at the time of the filing of the petition, the action
shall not be dismissed for failure to state sufficient grounds and the
action shall be stayed for the period of time remaining to meet the grounds
based on separation, except that the court may enter and enforce temporary
orders pursuant to section 25-315 during the time that the action is
pending.
6. The spouses have been living separate and apart continuously without
reconciliation for at least one year from the date the decree of legal
separation was entered.
7. The respondent spouse has habitually abused drugs or alcohol.
8. The husband and wife both agree to a dissolution of marriage.
...For further information, please refer to the Arizona Revised Statues -
Title 25
Divorce in Arizona
Self-Service Guide For Divorce Cases
Things
You Should Know About Divorce in Arizona
Parent Education Classes
Covenant Marriage In Arizona
Marital Separation Agreements Explained
Marriage and
Living Together Law
Arizona
Marriage License Laws
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Child Support
25-320. Child support; factors; methods of payment;
additional enforcement provisions; definitions
A. In a proceeding for dissolution of marriage, legal separation,
maintenance or child support, the court may order either or both parents
owing a duty of support to a child, born to or adopted by the parents, to
pay an amount reasonable and necessary for support of the child, without
regard to marital misconduct.
B. If child support has not been ordered by a child support order and if the
court deems child support appropriate, the court shall direct, using a
retroactive application of the child support guidelines to the date of
filing a dissolution of marriage, legal separation, maintenance or child
support proceeding, the amount that the parents shall pay for the past
support of the child and the manner in which payment shall be paid, taking
into account any amount of temporary or voluntary support that has been
paid. Retroactive child support is enforceable in any manner provided by
law.
C. If the parties lived apart before the date of the filing for dissolution
of marriage, legal separation, maintenance or child support and if child
support has not been ordered by a child support order, the court may order
child support retroactively to the date of separation, but not more than
three years before the date of the filing for dissolution of marriage, legal
separation, maintenance or child support. The court must first consider all
relevant circumstances, including the conduct or motivation of the parties
in that filing and the diligence with which service of process was attempted
on the obligor spouse or was frustrated by the obligor spouse. If the court
determines that child support is appropriate, the court shall direct, using
a retroactive application of the child support guidelines, the amount that
the parents must pay for the past support of the child and the manner in
which payments must be paid, taking into account any amount of temporary or
voluntary support that has been paid.
D. The supreme court shall establish guidelines for determining the amount
of child support. The amount resulting from the application of these
guidelines is the amount of child support ordered unless a written finding
is made, based on criteria approved by the supreme court, that application
of the guidelines would be inappropriate or unjust in a particular case. The
supreme court shall review the guidelines at least once every four years to
ensure that their application results in the determination of appropriate
child support amounts. The supreme court shall base the guidelines and
criteria for deviation from them on all relevant factors, including:
1. The financial resources and needs of the child.
2. The financial resources and needs of the custodial parent.
3. The standard of living the child would have enjoyed had the marriage not
been dissolved.
4. The physical and emotional condition of the child, and the child's
educational needs.
5. The financial resources and needs of the noncustodial parent.
6. Excessive or abnormal expenditures, destruction, concealment or
fraudulent disposition of community, joint tenancy and other property held
in common.
7. The duration of parenting time and related expenses.
E. Even if a child is over the age of majority when a petition is filed or
at the time of the final decree, the court may order support to continue
past the age of majority if all of the following are true:
1. The court has considered the factors prescribed in subsection D of this
section.
2. The child is severely mentally or physically disabled as demonstrated by
the fact that the child is unable to live independently and be
self-supporting.
3. The child's disability began before the child reached the age of
majority.
F. If a child reaches the age of majority while the child is attending high
school or a certified high school equivalency program, support shall
continue to be provided during the period in which the child is actually
attending high school or the equivalency program but only until the child
reaches nineteen years of age unless the court enters an order pursuant to
subsection E of this section. Notwithstanding any other law, a parent paying
support for a child over the age of majority pursuant to this section is
entitled to obtain all records related to the attendance of the child in the
high school or equivalency program.
G. If a personal check for support payments and handling fees is rightfully
dishonored by the payor bank or other drawee, the person obligated to pay
support shall make any subsequent support payments and handling fees only by
cash, money order, cashier's check, traveler's check or certified check. If
a person required to pay support other than by personal check demonstrates
full and timely payment for twenty-four consecutive months, that person may
pay support by personal check if these payments are for the full amount, are
timely tendered and are not rightfully dishonored by the payor bank or other
drawee.
H. Subsection G of this section does not apply to payments made by means of
an assignment.
I. If after reasonable efforts to locate the obligee the clerk or support
payment clearinghouse is unable to deliver payments for the period
prescribed in section 25-503 due to the failure of the person to whom the
support has been ordered to be paid to notify the clerk or support payment
clearinghouse of a change in address, the clerk or support payment
clearinghouse shall not deliver further payments and shall return the
payments to the obligor consistent with the requirements of section 25-503.
J. An order for child support shall assign responsibility for providing
medical insurance for the child who is the subject of the support order and
shall assign responsibility for the payment of any medical costs of the
child that are not covered by insurance. In title IV-D cases, the parent
responsible pursuant to court order for providing medical insurance for the
child shall notify the support payment clearinghouse prescribed in section
46-441 if the child is no longer covered under an employer's insurance plan.
The support payment clearinghouse shall notify the child support enforcement
agency in the department of economic security of the lapse in insurance
coverage.
K. In title IV-D cases the superior court shall accept for filing any
documents that are received through electronic transmission if the
electronically reproduced document states that the copy used for the
electronic transmission was certified before it was electronically
transmitted.
L. The court shall presume, in the absence of contrary testimony, that a
noncustodial parent is capable of full-time employment at least at the
federal adult minimum wage. This presumption does not apply to noncustodial
parents who are under the age of eighteen and who are attending high school.
M. An order for support shall provide for an assignment pursuant to sections
25-504 and 25-323.
N. Each licensing board or agency that issues professional, recreational or
occupational licenses or certificates shall record on the application the
social security number of the applicant and shall enter this information in
its database in order to aid the department of economic security in locating
parents or their assets or to enforce child support orders. This subsection
does not apply to a license that is issued pursuant to title 17 and that is
not issued by an automated drawing system. If a licensing board or agency
allows an applicant to use a number other than the social security number on
the face of the license or certificate while the licensing board or agency
keeps the social security number on file, the licensing board or agency
shall advise an applicant of this fact.
O. For the purposes of this section:
1. "Child support guidelines" means the child support guidelines that are
adopted by the state supreme court pursuant to 42 United States Code
sections 651 through 669B.
2. "Date of separation" means the date the married parents ceased to
cohabit.
3. "Support" has the same meaning prescribed in section 25-500.
4. "Support payments" means the amount of money ordered by the court to be
paid for the support of the minor child or children.
25-403.09. Child support
A. For any custody order entered under this article, the court shall
determine an amount of child support in accordance with section 25-320 and
guidelines established pursuant to that section.
B. An award of joint custody does not diminish the responsibility of either
parent to provide for the support of the child.
...For further information, please refer to the Arizona Revised Statues -
Title 25
Arizona Child Support
Guidelines and Interactive Calculator
Arizona DES Division of Child
Support Enforcement
Child Support Payments in Arizona
The Cash Assistance Program and Child Support
Child Custody and Visitation Law
25-403. Custody; best interests of child
A. The court shall determine custody, either originally or on petition for
modification, in accordance with the best interests of the child. The court
shall consider all relevant factors, including:
1. The wishes of the child's parent or parents as to custody.
2. The wishes of the child as to the custodian.
3. The interaction and interrelationship of the child with the child's
parent or parents, the child's siblings and any other person who may
significantly affect the child's best interest.
4. The child's adjustment to home, school and community.
5. The mental and physical health of all individuals involved.
6. Which parent is more likely to allow the child frequent and meaningful
continuing contact with the other parent.
7. Whether one parent, both parents or neither parent has provided primary
care of the child.
8. The nature and extent of coercion or duress used by a parent in obtaining
an agreement regarding custody.
9. Whether a parent has complied with chapter 3, article 5 of this title.
10. Whether either parent was convicted of an act of false reporting of
child abuse or neglect under section 13-2907.02.
B. In a contested custody case, the court shall make specific findings on
the record about all relevant factors and the reasons for which the decision
is in the best interests of the child.
25-403.01. Sole and joint custody
A. In awarding child custody, the court may order sole custody or joint
custody. This section does not create a presumption in favor of one custody
arrangement over another. The court in determining custody shall not prefer
a parent as custodian because of that parent's sex.
B. The court may issue an order for joint custody over the objection of one
of the parents if the court makes specific written findings of why the order
is in the child's best interests. In determining whether joint custody is in
the child's best interests, the court shall consider the factors prescribed
in section 25-403, subsection A and all of the following:
1. The agreement or lack of an agreement by the parents regarding joint
custody.
2. Whether a parent's lack of agreement is unreasonable or is influenced by
an issue not related to the best interests of the child.
3. The past, present and future abilities of the parents to cooperate in
decision-making about the child to the extent required by the order of joint
custody.
4. Whether the joint custody arrangement is logistically possible.
C. The court may issue an order for joint custody of a child if both parents
agree and submit a written parenting plan and the court finds such an order
is in the best interests of the child. The court may order joint legal
custody without ordering joint physical custody.
25-403.02. Parenting plans
A. Before an award is made granting joint custody, the parents shall submit
a proposed parenting plan that includes at least the following:
1. Each parent's rights and responsibilities for the personal care of the
child and for decisions in areas such as education, health care and
religious training.
2. A schedule of the physical residence of the child, including holidays and
school vacations.
3. A procedure by which proposed changes, disputes and alleged breaches may
be mediated or resolved, which may include the use of conciliation services
or private counseling.
4. A procedure for periodic review of the plan's terms by the parents.
5. A statement that the parties understand that joint custody does not
necessarily mean equal parenting time.
B. If the parents are unable to agree on any element to be included in a
parenting plan, the court shall determine that element. The court may
determine other factors that are necessary to promote and protect the
emotional and physical health of the child.
...For further information, please refer to the Arizona Revised Statues -
Title 25
Things You Should Know About Custody and Parenting Time
Model Parenting Time Plans for Parent/Child Access
FAQ on
Child Custody and Visitation
Child Custody
Resources
Property Division
25-318. Disposition of property; retroactivity; notice to creditors;
assignment of debts; contempt of court (abbreviated)
A. In a proceeding for dissolution of the marriage, or for legal separation,
or in a proceeding for disposition of property following dissolution of the
marriage by a court which previously lacked personal jurisdiction over the
absent spouse or previously lacked jurisdiction to dispose of the property,
the court shall assign each spouse's sole and separate property to such
spouse. It shall also divide the community, joint tenancy and other property
held in common equitably, though not necessarily in kind, without regard to
marital misconduct. For the purposes of this section only, property acquired
by either spouse outside this state shall be deemed to be community property
if the property would have been community property if acquired in this
state. This section does not prevent the court from considering all actual
damages and judgments from conduct that results in criminal conviction of
either spouse in which the other spouse or child was the victim, excessive
or abnormal expenditures, destruction, concealment or fraudulent disposition
of community, joint tenancy and other property held in common.
B. The community, joint tenancy and other property held in common for which
no provision is made in the decree shall be from the date of the decree held
by the parties as tenants in common, each possessed of an undivided one-half
interest.
C. The court may impress a lien on the separate property of either party or
the marital property awarded to either party in order to secure the payment
of:
1. Any interest or equity the other party has in or to the property.
2. Community debts that the court has ordered to be paid by the parties.
3. An allowance for child support or spousal maintenance, or both.
4. All actual damages and judgments from conduct that results in criminal
conviction of either spouse in which the other spouse or child was the
victim.
D. The decree or judgment shall specifically describe by legal description
any real property affected and shall specifically describe any other
property affected.
E. This section applies through both prospective and retrospective operation
to property without regard to the date of acquisition.
F. In all actions for the dissolution of marriage or legal separation the
court shall require the following statement in the materials provided to the
petitioner and to be served on the respondent:
Notice
In your property settlement agreement or decree of dissolution or legal
separation, the court may assign responsibility for certain community debts
to one spouse or the other. Please be aware that a court order that does
this is binding on the spouses only and does not necessarily relieve either
of you from your responsibility for these community debts. These debts are
matters of contract between both of you and your creditors (such as banks,
credit unions, credit card issuers, finance companies, utility companies,
medical providers and retailers).
Since your creditors are not parties to this court case, they are not bound
by court orders or any agreements you and your spouse reach in this case. On
request, the court may impose a lien against the separate property of a
spouse to secure payment of debts that the court orders that spouse to pay.
You may want to contact your creditors to discuss your debts as well as the
possible effects of your court case on your debts. To assist you in
identifying your creditors, you may obtain a copy of your spouse's credit
report by making a written request to the court for an order requiring a
credit reporting agency to release the report to you. Within thirty days
after receipt of a request from a spouse who is party to a dissolution of
marriage or legal separation action, which includes the court and case
number of the action, creditors are required by law to provide information
as to the balance and account status of any debts for which the requesting
spouse may be liable to the creditor. You may wish to use the following
form, or one that is similar, to contact your creditors:
Creditor notification…
Within thirty days after receipt of this notice, you are requested to
provide the balance and account status of any debt identified by account
number for which the requesting party may be liable to you…
G. On the written request of any party to a pending dissolution of marriage
or legal separation action, the court, except for good cause shown, shall
issue an order requiring any credit reporting agency to release the credit
report as to the spouse of the requesting party on payment by the requesting
party of any customary fee for providing the credit report.
H. On the request of either party and except for good cause shown, the court
shall require the parties to submit a debt distribution plan that states the
following:
1. How community creditors will be paid.
2. Whether any agreements have been entered into between the parties as to
responsibility for the payment of community debts, including what, if any,
collateral will secure the payment of the debt.
3. Whether the parties have entered into agreements with creditors through
which a community debt will be the sole responsibility of one party.
I. The following form may be used to verify agreements with creditors:
Agreement with creditor…
J. If the parties are not able to agree to a joint debt distribution plan
pursuant to subsection H the court may order each party to submit a proposed
debt distribution plan to the court. In its orders relating to the division
of property the court shall reflect the debt distribution plan approved by
the court and shall confirm that any community debts that are made the sole
responsibility of one of the parties by agreement with a creditor are the
sole responsibility of that party.
K. An agreement with a creditor pursuant to subsection I that assigns or
otherwise modifies repayment responsibility for community debts secured by
real property located in this state shall include all of the following:
1. A legal description of the real property.
2. A copy of the note and recorded security instrument, the repayment of
which is to be assigned or modified by the agreement with a creditor.
3. A written and notarized acknowledgment that is executed by all parties to
the debt, including the lender, and that states one of the following:
(a) The terms for the repayment of the debt remain unchanged.
(b) The terms for the repayment of the debt have been modified and,
beginning on the date of the execution of the acknowledgment, the creditor
has agreed that one of the debtors assumes the sole responsibility for the
debt and that the other debtor is released from any further liability on the
debt.
(c) The debt is paid in full and all parties to the debt are released from
any further liability.
L. An agreement executed pursuant to subsection K shall be recorded by
either party in the county in which the real property is located.
M. After an agreement is recorded pursuant to subsection L, either party may
request that on payment of the title company's fees for the document a title
company authorized to do business in this state provide the requesting party
with a lien search report or other documentary evidence of liens and other
agreements of record in the title to the property.
N. If a party fails to comply with an order to pay debts, the court may
enter orders transferring property of that spouse to compensate the other
party. If the court finds that a party is in contempt as to an order to pay
community debts, the court may impose appropriate sanctions under the law. A
party must bring an action to enforce an order to pay a debt pursuant to
this subsection within two years after the date in which the debt should
have been paid in full.
O. Within thirty days after receipt of a written request for information
from a spouse who is a party to a dissolution of marriage or legal
separation action, which includes the court and case number of the action, a
creditor shall provide the balance and account status of any debts of either
or both spouses identified by account number for which the requesting spouse
may be liable to the creditor.
...For further information, please refer to the Arizona Revised Statues -
Title 25 |
