Sunday, February 6, 2011

Arizona Divorce Laws

RESIDENCY REQUIREMENTS:

At least one of the parties must be residing in Arizona for a minimum of 90 days before filing for dissolution of marriage. There is also a waiting period of 60 days after the service of process [based on Arizona revised statutes; Title 25, chapter 312 and 329]

WHERE TO FILE:

Documents should be stored in the county where the person who petitions for dissolution. [Based on Arizona revised statutes; Chapter12, title 401]

LEGAL GROUNDS FOR DIVORCE:

Irreparable damage of marriage. [Based on Arizona revised statutes; Chapter25, title 316]. However, if the marriage is a marriage of Alliance [Arizona revised statutes; Chapter 25, title 901], the following may be considered grounds for dissolution:

Adultery, the Commission of a felony and imprisonment resulting abandonment for at least a year, physical or sexual abuse, living separate and apart for at least two years, drug abuse or alcohol habitual, husband and wife, who both agree to the dissolution of the marriage. [Based on Arizona revised statutes; Chapter 25, title 903] name of the Court in which to FILE for divorce:

The Superior Court of the County in which the action is filed in. [based on Arizona revised statutes; Chapter 25, title 311]

LEGAL SEPARATION:

Arizona recognizes the legal separation. At least one of the parties must be a resident of the State, and both sides must agree to the legal separation, otherwise the Court directs that the memories to seek a dissolution of marriage. [Based on Arizona revised statute, title 25 Chapters, 313 and 317]

REQUIREMENTS OF ADVICE OR MEDIATION:

At the request of the parties or on its own initiative, the Court may order a conciliation Conference in order to reconcile the marriage (in the case of a Covenant of marriage), or to reach a friendly agreement in order to avoid further disputes on issues involved. [Based on Arizona revised statute, title 25 Chapters, 316 and 381.09]

DISTRIBUTION OF PROPERTY:

Arizona is a State of property of the community, with marital property and debt is divided equally, regardless of whether he is on the title name. The Court may assign each spouse's sole and separate property to the spouse. [Based on Arizona revised statute, title 25 Chapters, 318]

FOOD SUPPORT/MAINTENANCE/DOMESTIC:

The Court may grant an order for maintenance of the spouses for any of the following reasons if it finds that the spouse seeking maintenance in a procedure of dissolution or legal separation:

Lacks sufficient property to provide for your needs, you can be self-sufficient, or caring for a child whose age or condition makes it unreasonable to seek outside employment, if one spouse has contributed to the educational opportunities of the other spouse, if the marriage was a long term and age makes difficult the recovery of employment.

The factors that are used to determine the maintenance are:

The standard of living established during the marriage. The duration of the marriage. Age and gain the ability of the spouse seeking maintenance. The ability of the spouse pay maintenance to meet your needs. The comparative financial resources of both spouses. The contribution of the spouse seeking maintenance for the earning capacity of the other spouse. The ability of both spouses to contribute to the cost of education of their children. The time required for the spouse seeking maintenance to receive training to become employable. The effect of the costs of health insurance due to dissolution.[Based on Arizona revised statute, title 25 Chapters, 319] name of spouse:

On request, he judge orders ex requested that the name be restored every time before signing the Decree of dissolution. [Based on Arizona revised statute, title 25 Chapters, 325]

CHILD CUSTODY:

The judge may order joint custody or sole custody. The Court shall determine the custody, originally or on petition for review, in accordance with the best interests of the child, based on the following factors:

The will of the father of the child regarding custody. The wishes of children. The interaction between the child and the father, the son and the brothers or any other person that may significantly affect the child's best interests. Adjustment of the child at home, school and community. Mental and physical health of all people involved. Which parent will promote constant contact between the other parent and the child. Which the parent has provided primary support for your child. If both parents were convicted of an act of false report of abuse or neglect. If a parent has been influenced or forcibly a judgment on custody. [Based on Arizona revised statute, title 25 Chapters, 403 and 407.01]

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