ARIZONA: 8 things to know if you are getting divorced in Arizona

8 things to know about divorce in Arizona
1. Arizona has this thing called the Arizona Uniform Premarital Agreement Act and it basically outlines the rights of married people who sign a prenup. It is pretty much the same as other states that subscribe to the act. For one thing, if the agreement is “unconscionable” it will not be enforced. For another thing, the agreement must be signed by both parties to be enforceable. For a third thing, if the party against whom enforcement is sought shows that they signed under duress or something like that? It won’t be enforced.
2. Arizona is a community property state. That means that anything acquired during marriage and some things acquired before marriage will be subject to property/asset distribution and it’s going to be roughly 50/50 split.
3. Arizona is a no fault state. That means you don’t need “grounds” to get a divorce in Arizona.
4. Parenting plans are mandatory for parties seeking joint or sole custody arrangements and there are specific mandates for this plan including a statement that both parties understand that “joint custody” does not necessarily mean “equal” time with the child.
5. All parenting plans are subject to periodic review by the court.
6. At least 3 months residency is required to get a divorce in Arizona.
7. Spouses can be sued jointly and severally for community property debts and sometimes for debts incurred separately by either party.
8. Same sex marriages are void and prohibited.

For more on Arizona’s divorce laws, check out the Arizona State Legislature website here: