Marriage and divorce are some of the most impactful decisions of our life. These decisions, while very personal, do have major legal implications as well. Each state has its own laws that govern the process of both marriage and divorce, as well as impacts your rights and future. Arizona specifically, has its own set of laws that you need to be aware of.
In Arizona, state laws apply to all residents of the state, regardless of where your marriage took place. However, the state does recognize legally performed marriages in other states as well as other countries. In order to file for divorce within the state, one spouse must have been a resident for at least the last 90 days and have proof.
Arizona State Laws That Impact Marriage & Divorce
Knowing the state laws for marriage and divorce are very important, especially if you have a prenuptial or postnuptial agreement that was made in another state. Arizona will recognize most prenups, however, they do withhold the right to modify or invalidate specific terms agreements made out-of-state. Here are 10 areas of the states laws you may want to take a deeper look at:
- Community property law: Any asset, debt, property, cash and much more are subject to equal division in the case of a divorce if they were acquired after the marriage. They are considered to be mutually owned.
- Incest: The state of Arizona prohibits marriage among close relatives. This can include parent and child, siblings as well as first cousins.
- Common law marriage: Arizona is one of many states that does not fully recognize common law marriage. One of the few exceptions is that the state does recognize these partnerships that were made in other states where the unions are legal.
- Covenant marriage: State laws require premarital counseling and other parameters to be reached for a covenant marriage. This legal partnership focuses on making the marriage stronger before it begins and a little more challenging to get out of if you ever want a divorce. However, there are grounds for divorce in covenant marriage that the state recognizes including abandonment, abuse, adultery and more.
- Prenuptial agreements: Pre and postnups, written by state licensed attorneys, are the absolute best way to confidently know what you are entitled to and what to expect if a divorce takes place. These agreements can cover child support, spousal maintenance, property division and more.
- No-fault divorce: Arizona does not require either spouse to prove wrongdoing in order to file for divorce. If you have wealth, property or assets you wish to protect, you have to do so with a prenup or postnup.
- Spousal maintenance during your marriage: Spousal maintenance after a legal separation or divorce is very common and can be agreed to by both parties or determined by the courts. However, Arizona law also allows for spouses to request financial support during the marriage. The financial support can be awarded during the marriage and does not require any legal separation.
- Child custody laws: Any custody decisions are overseen by the courts who act in the best interest of the children. They will consider financial benefits, living arrangements, emotional care of the child, school and other needs.
- Legal separation: Along with financial support requests during the marriage, couples can also request a legal separation without filing for divorce. The separation allows for both parties to handle matters like custody, property division, financial support and more without ending the marriage.
- Divorce modifications: Post-divorce, there will be things that change that will impact the original separation agreement. This can cover areas including child custody, child or spousal support, property or business division and more. Modifications can be requested with the courts.
Get an attorney. If you are considering getting married or divorced, get a family law attorney who is licensed and experienced in the state of Arizona. That’s who you want to work with and don’t worry, the first consultation is free. This quick phone call gives you an opportunity to explain your situation, what you are concerned about and what you would like to learn more about. The attorney will then tell you what you need to consider and what some of your legal options are.