Arizona Divorce Resources

In Arizona, there are two basic ways to categorize divorce: contested and uncontested. A contested divorce occurs when both parties do not agree to get divorced or when the parties do not agree on one or more conditions of the divorce. Contested divorces can be settled with mediation but must often go to trial. An uncontested divorce occurs when both parties agree on all major issues and work together to file divorce documents with the help of their respective attorneys.

It is worth noting that there are two other processes you may consider instead of divorce: annulment and legal separation. An annulment occurs when a marriage is declared legally invalid as if it never occurred at all, but is only available in very specific situations. A legal separation is a period of separation that is legally enforced, after which a lower standard for divorce applies.

If a settlement regarding all aspects of the divorce cannot be reached by both parties, then the divorce will proceed to trial. Divorce trials can take a significant amount of time, as both parties will have to prepare and present evidence, complete disclosures, interview witnesses, and submit testimony to the court. Each of these steps can take weeks, months, or even years of preparation before the court date in addition to the actual time in court. Because of this investment of time, reaching a settlement regarding the divorce is preferable for all parties involved.

The timeline varies depending on the type of adoption, but most cases take several months to a year.

When calculating the amount of child support that each parent will need to pay or receive based on the Arizona Child Support Guidelines, there are parts of a parent’s income that are not included. Support from the government, such as food stamps, Temporary Assistance for Needy Families, and Supplemental Security Income, is not counted towards income. Additionally, the child support payments themselves will not be included.

In Arizona, each parent is responsible for providing financial support for their child according to their parenting time and income. Therefore, even in joint custody arrangements, one parent will likely still be making child support payments to another parent. The only way child support payments would not need to be made is if the parents made the exact same amount of money over a certain duration and if their visitation time was exactly the same, which is highly improbable.

Temporary orders are a way for the court to address active issues between the spouses before the divorce is finalized. If one partner must move out of the house, a temporary order could provide for their housing until the divorce is finalized. A temporary order could also serve to protect a spouse by requiring that an abusive spouse move out during the divorce proceedings. Temporary orders can also be used to address parenting time, child support, and alimony during the divorce process.

In the state of Arizona, it is possible to agree on child support payment amounts in the initial separation agreement. The parents can agree on an amount that is greater than the amount suggested by the Arizona Child Support Guidelines, and they can also agree on payment periods that outlast Arizona requirements. If these arrangements are written into the divorce agreement, then they can be enforced by the courts – but they must be approved by a judge first.

Additional payments that can be agreed upon by both parents may include college tuition and other expenses related to college, financial support for summer camps and other activities during summer vacation, support for travel experiences, and money for private school. It is important to request or agree upon an appropriate child support amount during the divorce because opening back up a child support case can be complex and hostile and have negative repercussions for the children in the family.