3. Does the state have grounds for divorce? No one needs to be found at fault if you file for divorce on the basis that your marriage is irretrievably broken, meaning there’s no reasonable hope of getting back together.
There are grounds for divorce if you have what is known as a covenant marriage in Arizona. They are:
1. You or your spouse has committed adultery — had an affair.
2. You or your spouse has committed a felony and is imprisoned or sentenced to death.
3. You or your spouse left your home at least a year ago and refuses to return.
4. You or your spouse has physically, emotionally or sexually abused the other and/or any children or relatives who live with you.
5. You and your spouse have lived separately for at least two years.
6. You and your spouse have lived separately for at least one year after your legal separation.
7. You or your spouse has habitually abused drugs or alcohol.
8. You both agree on a divorce.
4. How does Arizona determine the division of property? You and your spouse may decide for yourselves how to divide your property. If the court agrees that your settlement is fair, the matter is closed. If the court finds the agreement unfair, it will ask you to resubmit an agreement, or it will divide your property for you. The court will make what it considers an equitable distribution of your community property, meaning it will divide things in the way it thinks is most fair.
All property acquired by either of you during your marriage is community property, except for property that was:
1. Acquired by gift or inheritance.
2. Acquired after you filed for divorce, legal separation or annulment if the petition actually results in a divorce, legal separation or annulment.
Any personal property you owned before marriage is your separate property. This includes any increase in value of that property or any profit from that property.
5. Does Arizona require mediation before a divorce is granted? Arizona does not require mediation, but either of you can request it if you choose.
6. How does the state determine child custody? Legal custody and physical custody are two different things. Legal custody outlines how involved each parent is in the major decisions of a child’s life — where a child goes to school, what faith he or she is raised in and other biggies.
Physical custody addresses where a child will live and with whom. Visitation is then negotiated based your physical custody arrangement. The court may order joint legal custody without ordering joint physical custody.
Before the court will award joint custody, you and your spouse have to submit a parenting plan. Your proposed parenting plan has to include:
- Each parent’s rights and responsibilities for your child’s personal care and for decisions in areas such as education, health care and religious training.
- A schedule of where your child will live and when, including holidays and school vacations.
- A procedure to resolve changes or disputes and to review the plan on a regular basis.
- A statement that each of you understands that joint custody does not necessarily mean equal parenting time.
If you and your spouse are unable to agree on any part of your parenting plan, the court will decide for you.
