Rules for Divorce and Custody in Arizona

Arizona does not allow residents in covenant marriages to file no-fault divorces.schale image by Ewe Degiampietro from Fotolia.com

Arizona provides its residents a series of requirements and guidelines for divorce. These guidelines cover issues such as eligibility, types of divorce, division of property, payment of alimony, and custody of children. Arizona residents who become familiar with the state's divorce and custody laws improve their chances of completing the divorce process quickly.

Eligibility

Arizona requires people filing for divorce to reside in the state for at least 90 days before filing. This residency can be achieved either by living in the state or being stationed on a military base in the state.

Arizona allows residents to file for a no-fault divorce. Couples who file a no-fault divorce simply state their marriage is broken and they are unable to reconcile. Arizona couples in a standard marriage may divorce for any reason or for no reason.

Arizona recognizes covenant marriages in Arizona. Couples seeking covenant marriage must undergo counseling prior to obtaining a marriage license and must sign a sworn statement indicating they are willingly entering into a covenant marriage. Couples from covenant marriages in Arizona may only divorce for eight reasons. These reasons are adultery, commission of a felony, willful desertion for at least one year, abuse, living apart for one year if the divorce is mutual, living apart for two years if the divorce is not mutual, abuse of drugs or alcohol and mutual agreement to end the marriage.

Arizona splits marital property evenly between the two spouses in cases where the couple cannot reach an agreement. The court may also assign debt responsibility to certain spouses. However, creditors may still seize property of the nonresponsible person if the debt is not paid.

Arizona can decide custody of any minor children when necessary. Arizona courts consider several factors when determining child custody. Factors can include wishes of the parents, wishes of the children, mental and physical health of the children and parents and willingness of each parent to allow the child to continue a relationship with the other parent. Arizona also considers whether a false abuse allegation has been made by either parent.