Frequently Asked Questions About Arizona Family Law

1. Divorce (or “dissolution of marriage”) legally ends your marriage, allowing both parties to remarry. Legal separation allows you and your spouse to live apart and formalize arrangements for property, debt, support, and child custody, but you remain legally married and cannot remarry. People choose legal separation for various reasons, including religious beliefs or maintaining health insurance benefits, where possible.

Yes, Arizona is a “no-fault” divorce state. This means you do not need to prove that your spouse did anything wrong (like adultery or abandonment) to get a divorce. The only legal ground required is to state that the marriage is “irretrievably broken” with no reasonable prospect of reconciliation.

The minimum time is just over 60 days after the divorce papers have been officially served on the other party, due to a mandatory waiting period. An uncontested divorce, where both parties agree on all terms, can often be finalized relatively quickly after this waiting period. However, contested divorces, where parties disagree on issues like property, support, or child custody, can take significantly longer – several months or even over a year – depending on the complexity and level of conflict.

Arizona is a community property state. This generally means that most assets and debts acquired by either spouse during the marriage are considered jointly owned by both spouses (community property) and will be divided equitably (usually equally) upon divorce. Separate property is typically anything owned before the marriage, or received during the marriage as a gift or inheritance specifically to one spouse, provided it hasn’t been commingled with community assets.

While you can represent yourself, family law is complex, and the outcomes can have long-lasting impacts on your finances and children. An experienced family law attorney can explain your rights and options, ensure paperwork is filed correctly, help negotiate fair settlements, and advocate for your best interests in court if necessary. Hiring an attorney is especially crucial if your case involves significant assets, business interests, disputes over child custody, or domestic violence.

Arizona courts use the term “Legal Decision-Making” (authority to make major decisions about education, healthcare, religion, etc.) and “Parenting Time” (the schedule of when each parent has the children). All decisions are based on the “best interests of the child.” Judges consider many factors, including each parent’s relationship with the child, the child’s adjustment to home/school/community, the mental and physical health of all involved, and which parent is more likely to allow frequent and meaningful contact with the other parent.

Arizona courts use the term “Legal Decision-Making” (authority to make major decisions about education, healthcare, religion, etc.) and “Parenting Time” (the schedule of when each parent has the children). All decisions are based on the “best interests of the child.” Judges consider many factors, including each parent’s relationship with the child, the child’s adjustment to home/school/community, the mental and physical health of all involved, and which parent is more likely to allow frequent and meaningful contact with the other parent.

Child support is calculated using the Arizona Child Support Guidelines. The formula primarily considers both parents’ gross monthly incomes, the amount of parenting time each parent has, and costs for health insurance, childcare, and sometimes extraordinary needs of the child. The goal is to ensure children receive a level of financial support consistent with their parents’ financial abilities.

Yes, child custody (Legal Decision-Making and Parenting Time) and child support orders can be modified. For custody, you generally need to show a substantial and continuing change in circumstances affecting the child’s welfare, and that the modification is in the child’s best interests. For child support, a modification typically requires a substantial and continuing change in circumstances that would result in at least a 15% change in the support amount. All modifications must be approved by the court.

Yes, child custody (Legal Decision-Making and Parenting Time) and child support orders can be modified. For custody, you generally need to show a substantial and continuing change in circumstances affecting the child’s welfare, and that the modification is in the child’s best interests. For child support, a modification typically requires a substantial and continuing change in circumstances that would result in at least a 15% change in the support amount. All modifications must be approved by the court.

While not mandatory for an initial discussion, it can be helpful to bring any existing court documents (like a Petition you were served with or prior orders), a brief timeline of your marriage/relationship, a general list of assets and debts if property is an issue, and any specific questions you have. Most importantly, come prepared to discuss your situation and goals.

Benjamin Legal, P.C. proudly serves clients throughout the Phoenix metropolitan area and Maricopa County, including Phoenix, Scottsdale, Tempe, Mesa, Gilbert, Chandler, and Paradise Valley. You can find more information on our Service Areas overview page. (Assuming this is the correct link for the practice areas overview page you mentioned previously).

During your initial consultation, we will discuss the specifics of your case and our fee structure, which typically involves an initial retainer and hourly billing. We are committed to transparency and will provide you with a clear understanding of potential costs.

Arizona is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse to get a divorce. Simply stating that the marriage is “irretrievably broken” is enough to file. However, issues like drug abuse or domestic violence may affect child custody decisions.

Arizona is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse to get a divorce. Simply stating that the marriage is “irretrievably broken” is enough to file. However, issues like drug abuse or domestic violence may affect child custody decisions.