What Is a Wife Entitled to In a Divorce In Arizona?By David Thompson, UniversityHerald Reporter
Arizona is one of the several no-fault states in the country, which means neither spouse needs to give a specific reason for the divorce. However, the divorce process can still be complex and overwhelming. Understanding the applicable laws can make the process more manageable. You can continue reading to learn about what a wife is entitled to in an Arizona divorce and how a Phoenix divorce attorney can help you.
When Can a Wife Get Spousal Support In Arizona?
A wife may be entitled to alimony or spousal maintenance in a divorce. The earliest you can get a divorce in Arizona is 60 days after the petition is filed. The judge typically considers various factors before granting a court order. For example, the court can consider whether the spouse can support themselves or will need financial assistance. If the spouse has reached an age where it is difficult to be employed, the spouse may be entitled to spousal support.
The court can also establish temporary spousal maintenance during divorce proceedings to keep both spouses financially stable. The amount of spousal maintenance provided also depends on various factors, including the length of the marriage, the spouse's standard of living during the marriage, and the other spouse's ability to pay support.
Arizona Divorce Laws
In Arizona, to be eligible for a divorce, either spouse must have lived in the state for a minimum of 90 days. The divorcing couple must provide the court with a legal justification of why they are choosing to dissolve their marriage.
A covenant marriage is one where both spouses agree to limited grounds for seeking a divorce. They also agree on having premarital counseling. According to Arizona state laws, if a couple has entered a covenant marriage, they cannot divorce unless the reason behind the divorce is one spouse engaging in behaviors including adultery, serious crimes, sexual abuse, alcohol abuse, or domestic violence. A covenant marriage can also be dissolved if the spouses agree to a divorce.
Can a Wife Get Child Support in a Divorce?
Typically, the courts in Arizona order the non-custodial parent of the children to pay their ex-spouse child support. Arizona law encourages both parents to financially and emotionally support their child after the divorce. The amount of child support depends on the child's needs, the resources of both parents, and the child's psychological and physical condition.
If the parent who is required to pay child support refuses to pay or falls behind on the payments, the other parent can seek a court order to enforce child support payments with the help of an experienced Phoenix divorce attorney. The court may also garnish the paying spouse's wages to ensure child support is paid on time. In addition, the law allows modification of child support payments in case the child's financial needs or the parent's financial resources change after the initial child support agreement.
Child Custody Laws In Arizona
Arizona law decides custody matters in light of the child's best interests. When deciding on a child custody arrangement, the court considers factors including the child's relationship with both parents, the child's adjustment to their community and home, both parents' mental and physical well-being, and any history of domestic abuse. It is also possible for the court to provide joint legal or physical custody to both parents.
Marital Property Division
Under Arizona law, any property acquired by either spouse during their marriage would be considered community property. However, if the asset is acquired through gift or inheritance during the marriage, then the spouse who acquires it holds sole ownership of it. Before marriage or after the spouses are separated, any property or asset acquisition would be considered separate property.