Frequently Asked Legal Questions

Arizona requires filing a Petition for Dissolution of Marriage with the Superior Court, and at least one spouse must have lived in Arizona for 90 days before filing.

Arizona has a mandatory waiting period—the earliest a divorce can be finalized is 60 days after serving the petition, and many cases take several months or longer.

Arizona is a community property state — marital assets and debts are generally divided equally unless there’s a good reason not to.

Custody decisions focus on the best interests of the child, and there’s no legal preference for one parent over the other.

Legal decision-making refers to who makes major choices for the child; parenting time refers to when the child is with each parent.

Child support is generally calculated based on each parent’s income, time spent with the child, and other statutory factors.

Yes—modifications can be requested when circumstances change significantly (like income changes or changes in parenting time).

Violations can lead to enforcement actions in court, including contempt proceedings or collection through the Support Payment Clearinghouse.

Many issues — especially child custody and property division — can be resolved through mediation or negotiated agreements without trial.

Clients often ask about protecting assets, establishing temporary orders, and preparing documentation before filing. It’s important to discuss these with your attorney early.

Arizona law refers to custody as legal decision-making and parenting time, focusing on who makes major decisions (education, healthcare, etc.) and when the child spends time with each parent.

Arizona courts decide based on the child’s best interests, considering factors like each parent’s relationship with the child, home environment, stability, and more.

Yes — joint legal decision-making is common, and Arizona courts start with the assumption parents should share decision-making unless evidence shows otherwise.

Arizona doesn’t set a specific age, but a child’s preference can be considered if they are mature enough, though the final decision is based on the child’s best interests.

If parents can’t agree, the court will decide a plan for legal decision-making and parenting time based on evidence and the child’s best interests.

You can ask the court to modify an order if there’s a significant change in circumstances that affects the child’s well-being.

Not always — parents can agree on a plan on their own, but only a court order makes it enforceable if disagreements arise.

Under certain conditions, grandparents may request visitation or custody, but these cases are often more complex and must show it’s in the child’s best interests.

Yes — if there are concerns about safety, the court can order supervised parenting time or limit a parent’s contact with the child.

Parenting plans generally include detailed schedules for holidays, vacations, and school breaks to minimize conflict and provide stability for the child.

a. Arizona uses statewide guidelines based on both parents’ incomes, time spent with the child, medical insurance costs, childcare costs, and other factors to determine support amounts.

a. Yes — you can establish a child support order even if there is no divorce or legal separation.

a. If a parent doesn’t pay as ordered, Arizona can enforce the order through wage garnishment, tax refund interception, license suspension, or other enforcement tools.

a. Yes — both parents can request a modification if there’s a significant change in circumstances like income, parenting time, or insurance costs.

a. Child support typically continues until a child turns 18 and finishes high school (but no later than age 19).

a. Yes — keeping your contact info current with the Division of Child Support Services helps prevent delays in case communication or documents.

a. Yes — you can agree on an amount and present it to the court for approval, which makes it enforceable.

a. Yes — under the Uniform Interstate Family Support Act, child support orders from other states can be reviewed and enforced in Arizona.

a. Arizona courts and the child support office provide worksheets and assistance for calculating support and completing necessary forms.

a. Yes—child support orders often include medical support requirements such as health insurance coverage for the child.

a. Spousal maintenance (formerly called alimony) is financial support one spouse may be ordered to pay to the other after divorce.

a. A spouse may qualify if there’s an income discrepancy and they lack the ability to meet their reasonable needs through their own employment.

a. Courts look at things like marriage length, each spouse’s earning ability, financial resources, contributions to the marriage, health, age, and child custody arrangements.

a. Maintenance duration isn’t automatic — it depends on the length of the marriage and the needs of the recipient; longer marriages often lead to longer support periods.

a. No formal statewide formula exists; instead, judges use discretion based on statutory factors to determine amount and duration.

a. Yes, maintenance can be modified if there’s a significant change in circumstances, like loss of income or disability.

a. Generally, yes. You can negotiate an agreement, but the court must approve it. If you disagree, the court will decide.

a. Often yes — many maintenance orders terminate automatically upon remarriage or if the recipient lives with a spouse-like partner, but it depends on the order language.

a. Technically yes — either spouse can request maintenance, though it’s more common for the spouse with lower earning ability to seek it.

a. Parenting time and child support obligations can indirectly influence maintenance because they impact both spouses’ financial circumstances.