In every Arizona divorce case, the ultimate goal is to obtain a court order called a “decree of dissolution of marriage.” This is the document that ultimately ends the marriage.
In most instances, there are only two ways to obtain a decree. One is through settlement agreement. The other is through a trial.
When a husband and wife agree on the issues to resolve their case, they may obtain a divorce decree without ever having to go to court. They can enter into what is called a Consent Decree, the terms of which are adopted by the divorce court as the terms of the divorce judgment.
Many times, parties cannot agree on some of the issues in their case. To resolve such a case, it may be necessary to agree on the uncontested matters and have the judge decide at trial on the contested issues.
There are various issues that must be resolved by settlement agreement or litigated and ruled on by the divorce court judge. Such issues include: (1) dissolution of the marriage, (2) custody and parenting time of children for those couples with minor children, (3) spousal maintenance (also known as alimony), (4) child support (if there are children of the marriage), (5) division of assets and debts, and (6) other issues like income tax filings and responsibility for attorneys’ fees.
In most Arizona marriages, neither party is required to prove fault in order to obtain a divorce. As long as one spouse believes the marriage is irretrievably broken, the divorce will be granted. It is extremely rare in Arizona for spouses to argue over whether a divorce should be granted. In almost every case, the husband and wife agree to dissolve their marriage and do not take this issue before the judge.
When divorcing spouses have minor children together, child custody is an issue that must be addressed in the divorce decree. What most people commonly refer to as “child custody” really consists of two components: (a) legal decision making authority or legal custody, and (b) parenting time, or the schedule of time the children will spend with each parent. Child custody decisions by judges are primarily governed by Arizona Revised Statutes § 25-403.
In Arizona, shared decision making or joint legal custody is appropriate, unless there has been a history of substance abuse or domestic violence during the marriage. In those cases, it may be appropriate for one parent to have sole decision making authority and sole physical custody.
The schedule of time the children will spend with each parent can vary greatly from case to case. In some cases, it is appropriate for the children to spend equal time with each parent. In other cases, it is appropriate for the children to live primarily in one parent’s home and to have frequent, shorter visits with the other parent.
The question of whether one spouse should receive spousal maintenance from the other spouse depends on the property allocated to each spouse, the length of the parties’ marriage, the age of the parties and their children, the respective earnings or earning abilities of each party, and whether one spouse has contributed to the educational opportunities of the other spouse. Determining whether one spouse should receive spousal maintenance from the other spouse is governed by A.R.S. § 25-319A.
If it is determined by agreement or court decision that one spouse is entitled to spousal maintenance from the other, the amount and duration of spousal maintenance is determined by looking at a number of factors, including the comparative earning abilities of the parties, the standard of living established during the marriage, the duration of the marriage, and all other relevant factors, including those listed in A.R.S. § 25¬319B. In shorter marriages of less than five years, spousal maintenance is generally not appropriate. FBN
For more information on divorce and family law in Arizona, go to Jennifer Nagel’s website at www.flagattorney.com or call her at 928-526-3268.
Leave a Reply