Family relationships are often complicated, and the legal issues that arise from them are no exception. The significant impact that family law issues can have on families means that the court proceedings involved are often complex and highly stressful.
Don’t let your impending family court proceedings overwhelm you. Understanding family law in Arizona can help you prepare for your case so you can proceed with confidence. Learn more about Arizona’s regulations, expectations, and family court system.
Family Law Basics in Arizona
Family law in Arizona encompasses a range of legal matters related to family relationships, including issues surrounding marriage, decisions regarding children, and even domestic violence. Arizona family law cases are handled in the civil court and are governed by Title 25 of the Arizona Revised Statutes. This comprehensive overview covers legal matters related to family law, including marriage, divorce, legal separation, child custody, and child support.
Every state handles these legal matters a bit differently, and it’s crucial to learn what you can about Arizona’s unique family law statutes in advance of any family law case.
Key Legal Topics in Arizona Family Law
The topic of family law in Arizona refers to a range of diverse legal matters affecting family and personal relationships, including:
Divorce
In Arizona, divorce is referred to as the dissolution of marriage. It encompasses various decisions surrounding the legal termination of a marriage, including the division of property, potential spousal maintenance, and the establishment of a parenting plan.
Arizona is a no-fault divorce state, meaning that either spouse may file for divorce without proving wrongdoing on the part of the other. Instead, Arizonans must simply demonstrate irreconcilable differences – that the marriage is irretrievably broken with no hope of repair (ARS 25-312).
Qualifications
While Arizonans aren’t required to prove fault in a divorce, you must meet other qualifications. Divorce laws in Arizona require you or your spouse to have lived in Arizona for at least 90 days prior to filing. The spouse filing for divorce must do so in either their own county of residence or that of their spouse.
The divorce process takes a minimum of 61 days to finalize, as Arizona has a mandatory 60-day waiting period. This waiting time enables couples to participate in marriage counseling and determine whether they are able to save their relationship. It is important to note that most divorces in the state take longer than the minimum 61 days due to the busy family court docket and the various negotiations, mediation sessions, and court hearings that may be required.
Division of Community Property
The division of property is one of the most important topics addressed during a divorce. As Arizona is a community property state, Arizona family courts require the equitable division of all marital property during a divorce.
Community property typically encompasses most of the property acquired by a couple during the duration of their marriage, with exceptions made for inheritances, gifts, and personal property owned prior to the marriage. ARS 25-318 outlines how assets and debts are to be divided, leaving room for couples to decide how to divide these items in an equitable manner. While this may not mean each individual asset or debt is split precisely 50/50, the judge will ensure that both spouses receive roughly half of the community property.
Child Custody
Arizona child custody laws identify two separate components of child custody in the state: legal decision-making rights and parenting time.
Decision-making rights are often referred to as legal custody in other states. Assigning decision-making rights gives one or both parents the authority to make important decisions on the child’s behalf. These decisions can include the child’s education, medical treatments, and religious upbringing.
Parenting time is known as physical custody in many other states. A parenting time determination outlines where the child resides and often establishes a schedule that may change on weekdays, weekends, holidays, and/or special occasions. Parenting time agreements may also assign primary parenting time to one parent while arranging visitation for the other.
Most parents agree upon a parenting plan ahead of time and submit it to the family court for approval. Arizona family court judges always base their decisions on the best interests of the child.
Child Support
Arizona family courts expect both parents to contribute financially to care for their children. Child support is necessary when two parents do not reside together and pool their funds to financially support their child. Whether the couple is divorcing or has never been married, the court will determine the extent of each parent’s expected financial contribution and ensure both are providing the funds necessary to meet the child’s needs. When the child predominantly lives with one parent or one parent’s income exceeds the other’s, the state will require child support payments made from the non-custodial or higher-earning parent to the custodial or lower-earning parent.
The state has established Child Support Guidelines that outline how Arizona family courts calculate the amount of child support that must be paid. The court will consider the child’s financial needs, including educational costs, medical bills, childcare, and any special needs the child may have. Then, the court will compile various sources of income for both parents, including salaries, commissions, and bonuses. The court will also examine any earnings from dividends, rental properties, or other sources of income, as well as other financial commitments, like alimony payments and child support for other children.
If you’re facing a child support determination in Arizona, child support calculators can be a helpful tool for estimating the child support that may be available in your situation.
Child Support Enforcement
If a parent refuses to pay child support, enforcement may become necessary. The Arizona Department of Economic Security’s Division of Child Support Services (DES-DCSS) can impose penalties for failing to comply with child support court orders, including wage garnishment, liens, and driver’s license suspension. ARS 25-511 states that willfully refusing to pay child support is a class 6 felony, and the Arizona family court can also charge a non-paying parent with contempt of court.
Child Support Modifications
Sometimes, life circumstances can necessitate changes to the court’s original child custody order. If a parent’s ability to pay child support is affected by the new circumstances, that parent can request a child support modification.
Common circumstances that can change a parent’s financial circumstances enough to impact their ability to pay child support include:
- Custody changes
- Remarriage
- Additions to the family
- Unemployment
- Imprisonment
- Health conditions experienced by the parent or child
- Disability of the parent or child
- Other changes in the child’s needs
The requesting parent must submit a request for a child support modification that demonstrates the necessity of altering the original order. The family court will determine whether a modification is appropriate and may establish a new order reflecting the changes.
Spousal Maintenance (Alimony)
Spousal maintenance is often referred to as “alimony” in other states. This court-ordered payment from one spouse to the other during or after divorce is intended to help a lower-earning spouse maintain the standard of living they experienced during the marriage. Spousal maintenance may be essential if a spouse gave up career opportunities to care for children or made financial contributions to the other spouse’s career or education.
Spousal maintenance is not automatic, nor is it required in every divorce.
To determine eligibility for spousal maintenance, a family court judge will consider several factors, such as:
- The length of the marriage
- Both spouses’ ages and disability status
- Both spouses’ employment history and earning potential
- The standard of living experienced by both spouses before and after divorce
Paternity Establishment and Rights
In Arizona, parental rights can be granted to both parents, regardless of whether they are married or not. Rights granted to parents include visitation or custody, the manner in which they wish to raise the child, the type of education the child will receive, medical decisions, access to the child’s records, and more. However, these rights are not always automatic or permanent.
Rights may be rescinded from one or both parents if there is evidence of abuse, neglect, abandonment, mental illness of a parent, substance use by the parent, or even arrest. Parental rights can also be voluntarily surrendered prior to adoption.
Parentage is presumed for mothers upon birth.
According to Arizona law ARS 25-814, paternity is presumed under the following circumstances:
- The child’s parents were married when conception took place, or were married within 10 months before the birth
- The birth certificate notes the father’s name
- Genetic testing has been done and shows at least a 95% chance of paternity
- Parents are not married, but sign a voluntary acknowledgment of paternity
Individuals wishing to establish paternity must either ensure both parties sign the voluntary acknowledgement of paternity or submit a petition to the court to request genetic testing. The court can then grant legal rights or pursue child support payments.
Court Modifications
Modifications to family law cases are common as life changes occur, resulting in shifting family needs and requirements. When changes in child custody or child support are necessary, a parent can request modifications to an existing court order. For the court to honor this request and create a new order, evidence must be presented to the court that changes in life circumstances have occurred or that a parent is unfit to care for the child.
Modifications can be requested in these court orders:
- Child Custody Agreements – Parents can request modifications when significant changes occur, such as a shift in the parents’ work schedules, the need to relocate due to a parent’s job, or changes in the child’s or parent’s health.
- Child Support Orders – Modifications are often requested when one or both parents experience significant changes in their income, such as job loss, a reduction in pay, or a pay increase. Sometimes, a child’s financial needs change due to sudden, costly medical bills or educational expenses.
- Spousal Maintenance – Court orders for spousal maintenance may be modified when one spouse remarries, decides to cohabitate, experiences a change in their financial status, suffers a job loss, or becomes ill.
To request a modification of a family court order in Arizona, a family law attorney can help you:
- Determine which life changes have occurred to warrant a modification.
- Provide evidence of these changes and file a petition with the court.
- Notify the other spouse of the petition, allowing them sufficient time to respond.
- Consider negotiation or mediation before going to court.
- Proceed with litigation if negotiation or mediation is unsuccessful. The judge will decide whether to grant the request during a court hearing.
- Explain the implementation of the new court order, which supersedes the original terms and conditions.
How Arizona Family Courts Work
Family cases in Arizona are typically handled by the county’s Superior Court. All necessary forms can be found on the county Superior Court’s website. Documents must be filed in your county of residency (or that of your soon-to-be-ex spouse), which is also where the case will be added to the court docket. Proceedings will take place within the family department or family court portion of the Superior Court.
In most cases, both parties and their attorneys will meet to participate in negotiations. If negotiations do not result in a mutually agreeable decision, the parties can undergo mediation in the presence of a neutral, third-party mediator. The goal of mediation is to give both parties the opportunity to present their arguments to a mediator who can help them reach a fair agreement. Through negotiations or mediation, parties in a divorce or other family dispute can reach agreements regarding property division, parenting plans, and child support, which they can then submit to the court for approval. If both are unsuccessful, a judge must make all relevant decisions in the family court.
Once a family court hearing begins, a judge presides over the case, listening to both sides and reviewing the evidence presented. If a parenting plan or other negotiations have been presented, the judge can either approve or reject them. If the parties were not able to reach an agreement, the judge will consider pertinent laws and make the ultimate decision. The judge will then issue the necessary final court orders.
The duration of Arizona family law cases can vary significantly depending on the case type and the circumstances involved. For example, while divorce cases last at least 60 days due to the mandatory waiting period required by law, a busy court docket can extend the duration of a divorce by weeks or months. In contentious cases, especially those involving child custody, disputes can often drag on for several months.
Why Local Legal Experience Matters
Experienced local legal representation is essential for Arizona family law cases. While court filings and hearings may appear simple to navigate on paper, many people quickly become overwhelmed once the reality of family court becomes apparent. A skilled family attorney has an in-depth knowledge of the Arizona family court system and can ensure timely, complete legal filings, prepare arguments and negotiations, and represent you in court.
It’s important to note that family court dynamics, procedures, and outcomes can vary by region within the state of Arizona. Securing the services of a family law firm that operates within Phoenix, Gilbert, Peoria, and Scottsdale means your attorney has experience navigating this type of case in the region.
The Valley Law Group is pleased to serve clients throughout the Valley area. We are proud to be a premier Phoenix family law firm led by Jon McCarty and his team. Named a Super Lawyer in the area of family law, Jon is dedicated to advocating for the client’s rights while offering compassion and thoughtful advice.
When to Talk to a Family Law Attorney
Facing a family law case can be overwhelming, especially as you begin to navigate Arizona’s often-complex family laws.
Some signs that you need to speak with a family law attorney include:
- You are facing a high-conflict divorce
- You want to draft a prenuptial agreement
- You and your child’s other parent cannot reach an agreement regarding child custody or child support
- You need to request a modification to a family court order
- You are experiencing domestic violence
- Someone is pressuring you to sign family court documents
- The other party in your family law conflict has hired an attorney
- You are feeling confused, overwhelmed, or stressed
Choosing to deal with complex family legal matters alone can result in negative outcomes for your case. If you’re experiencing the situations above or would like to secure a better chance of achieving a positive outcome in your case, it’s essential to consult with an Arizona family law attorney.
Learn More or Take the Next Step
The good news is that you don’t have to navigate family law alone when you have the guidance of a great family law attorney. The compassionate family law attorneys at The Valley Law Group can walk you through your case and help you determine your next steps. Contact our award-winning team today to schedule your free consultation.
Sources:
- Arizona Revised Statutes Title 25. (n.d.). Marital and Domestic Relations. Retrieved March 31, 2025, from https://www.azleg.gov/arsDetail/?title=25
- Arizona Revised Statutes § 25-312. (n.d.). Petition for dissolution of marriage; verification; contents. Retrieved March 31, 2025, from https://www.azleg.gov/ars/25/00312.htm
- Arizona Revised Statutes § 25-314.01. (n.d.). Preliminary injunction; effect. Retrieved March 31, 2025, from https://www.azleg.gov/ars/25/00314-01.htm
- Arizona Revised Statutes § 25-318. (n.d.). Disposition of property; retroactivity; notice. Retrieved March 31, 2025, from https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00318.htm
- Arizona Supreme Court. (n.d.). Quick Reference Guide to Child Support Guidelines. Retrieved March 31, 2025, from https://www.azcourts.gov/Portals/0/31/Child%20Support/QuickReferenceRED.pdf
- Arizona Revised Statutes § 25-511. (n.d.). Duty of support. Retrieved March 31, 2025, from https://www.azleg.gov/ars/25/00511.htm
- Arizona Revised Statutes § 25-814. (n.d.). Presumption of paternity. Retrieved March 31, 2025, from https://www.azleg.gov/ars/25/00814.htm
Ryan Reppucci, Founder/Director of Legal Operations of The Valley Law Group, is recognized as one of Phoenix’s leading family law attorneys. After graduating from Arizona State with the highest honors and inclusion in America’s most prestigious student honor societies, Ryan attended the University of Detroit Mercy School of Law. His career as a law student was decorated with numerous awards, including the University of Detroit Mercy School of Law Book Award, nomination for membership in Who’s Who Among Students in American Colleges and Universities, as well as Moot Court.