Parents’ Rights Regarding Custody of Children When a Divorce is Filed in Arizona. Simply stated, both parents are entitled to the care, custody, and control of their children until a judge orders a particular child custody and parenting schedule. Until then, there are no written rules regarding the children.
How long does a divorce take in Arizona with kids?
If your divorce is contested or involves children, it can stretch on for six months or longer. Here’s what you should know about the process.
Is Arizona a mother or father state?
Is Arizona a Mother’s State? No, Arizona is not a Mother’s state. A judge in Arizona is not allowed to consider the gender of either parent when making a child custody order.
Is child support mandatory in divorce in Arizona?
Arizona law requires custodial and non-custodial parents to provide “reasonable support” for their minor children. This obligation is not avoidable. This aspect of Arizona family law is so important that determination of the amount of child support to be paid by each parent is not left to judicial discretion.
Who gets the house in a divorce in Arizona?
Arizona is a community property state In most cases, an Arizona court will divide the house equally, which may require selling the home and splitting the net profits. However, there may be circumstances in which selling the home is undesirable, either for economic reasons or due to one spouse’s needs or preferences.
What am I entitled to in a divorce in Arizona?
Under Arizona’s community property laws, all assets and debts a couple acquires during marriage belong equally to both spouses. Unlike some community property states, Arizona does not require the division of marital property in divorce to be exactly equal, but it must be fair and will usually be approximately equal.
Do I have to pay alimony in Arizona?
Arizona divorce courts have the power to require your spouse to pay alimony to you during or after the divorce (or both) if you establish eligibility. On the other hand, spouses who are capable of living on their own without financial support may not need alimony — known in Arizona as spousal maintenance.
How much does a divorce cost in AZ?
The average cost of a divorce in Arizona is about $20,000 with prices ranging from $5,000 to $100,000 in Arizona, according to multiple sources. However, your actual divorce costs depend on the type of divorce process you choose. A contested divorce, in court, will cost you an average of $75,000.
How fast can a divorce be finalized in Arizona?
In some circumstances, it is possible to get a divorce in Arizona in as few as 60 days. However, in most cases, a divorce will take anywhere from two to four months to finalize. Of course, in some situations, the situation may take even longer.
What rights does a father have in Arizona?
Father’s Rights Dads now have sole legal decision-making authority and up to 182 days of parenting time, considerably more than their forefathers could have imagined. In every custody dispute, the court weighs the child’s best interests against each parent’s right to privacy under the Fourteenth Amendment.
What is the maximum child support in Arizona?
Maximum child support in Arizona law, is 50 percent of the parent’s disposable income. This amount also applies to a person who has gotten married again and who is currently supporting another family.
How do I get full custody in AZ?
Generally, you can secure sole custody in one of two ways – through agreement with the other parent or through a court order. Our goal will be to achieve the custody arrangement that you want and the plan which meets the best interest of your child.
Is AZ A 50/50 custody State?
A father is entitled to equal rights in custody, even if he was never married to the mother of the child. More often than not, this means Arizona Courts grant 50/50 custody to the parents of a child.
Do you have to pay child support if you have 50/50 custody in Arizona?
So even if the parties “agree” not to pay child support to each other, the court will have an independent legal obligation to ensure that your agreement doesn’t hurt the kids. A 50-50 division of parenting time *often* results in a minimal – or even nonexistent – need for child support payments.
How is alimony calculated in AZ?
The formula provided the alimony award should be between 30% to 50% of the length of the marriage. There are many factors affecting whether the duration should be closer to 30% or 50% of the length of the marriage.
Can my wife take half my pension if we divorce?
In terms of how much either spouse is entitled to, the general rule is to divide pension benefits earned during the course of the marriage right down the middle. Though that means your spouse would be able to claim half your pension, they are limited to what was earned during the course of the marriage.
Does it matter who files for divorce first in Arizona?
If you are thinking about divorce, you may wonder, “Does it matter who files for divorce first in Arizona?” Legally, the answer is no. Whether you file first will not make any difference regarding any of the legal elements of your divorce.
What are the child custody laws in Arizona?
In Arizona, there is no legal presumption favoring one parent over the other. Meaning that the Court starts with the presumption that parents should have joint custody. With joint custody, both parents share the responsibility of major decision-making, as well as physical custody and control of the child.
Who pays for a divorce in AZ?
The Arizona divorce laws permit the Court to order one spouse to pay some or all of the other spouse’s attorney fees and costs. Although there are many different statutes that provide the court with this authority, the most cited statute is A.R.S. 24-324.
Does Arizona require separation before divorce?
How long do you have to be separated before divorce in AZ? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse.
Can a spouse kick you out of the house in Arizona?
So long as the home is considered community property, you cannot legally force your spouse out, even if you have started the divorce process. A spouse may only be forced to leave if or when the court gives an order to do this.
How long is alimony in AZ?
Generally speaking, most spousal maintenance orders have a duration of 30% to 50% of the marriage duration. So, a ten-month marriage may result in 3 – 5 months of spousal maintenance, while a ten-year marriage may result in 3 – 5 years of spousal maintenance.
Is spousal maintenance mandatory in Arizona?
Depending on the length of the marriage, the party’s income levels, and work history, the court may (or may not) decide to include maintenance as part of the divorce settlement. Is spousal support mandatory in Arizona? No. A spouse requesting alimony in Arizona must first establish that they are eligible for alimony.
How can I avoid alimony in Arizona?
If you have been ordered to pay spousal maintenance to your ex-spouse and you have lost your job or have become unemployed, you cannot simply stop making your maintenance payments. Instead, you must petition the court for a modification of your spousal maintenance order under A.R.S. 25-327.
How much is a divorce in Arizona with a child?
Petition for Dissolution of Marriage – This is the main document when filing for divorce. There are two versions of the form: With Children and Without Children. Both have the same filing fee: $349.