At Owens & Perkins we understand that going through a divorce can be an emotionally draining process. Below are important facts that everyone getting a divorce in Arizona should know.
- Arizona is a no-fault state, which means that neither spouse has to prove blame or responsibility to end the marriage and the infidelity of either spouse is not taken into consideration.
- Arizona is also a community property state, which means that assets and debts accumulated during the marriage belong to both parties and will be equitably allocated or divided through the divorce. Anything that was obtained by gift, devise or descent (meaning inheritance) is the sole and separate property of the receiving spouse, unless that money or asset has been transmuted into a community asset through actions taken by the receiving spouse during the marriage.
- One of the spouses must live in the state of Arizona for at least 90 days before filing the Petition for Dissolution. After the other spouse is served there is a mandatory sixty (90) day cooling off period before the divorce can be finalized.
- Arizona does not have common law marriage; however, if a couple became married by common law in another state and then moved to Arizona, Arizona would recognize their common law marriage.
- Arizona has what is called a "covenant marriage". A covenant marriage is established either when you applied for your marriage license or if you converted your marriage to a covenant marriage at some later date. If you don't know what a covenant marriage is, you probably don't have one. Unlike the traditional no-fault divorce in Arizona, covenant marriages may only be ended on grounds of 1) adultery, 2) conviction of a felony which mandates prison or death, 3) abandonment for more than one year, 4) if there was domestic violence against the spouse, child(ren) or relative, 5) living separately and continuously and without reconciliation for over two years, 6) living separately for over one year after legal separation is obtained, 7) habitual drug or alcohol use, or 8) both spouses agree to the dissolution.
Contact the Scottsdale office of, Owens & Perkins, at 480.630.2464 to speak with one of our experienced family law attorneys regarding your divorce.