What if I am in a Covenant Marriage?
Arizona is one of the three states that offers covenant marriages, so you might need to know how that changes a divorce and legal separation if you’re reading this. They represent a small percent of marriages in Arizona, and require a special declaration in the marriage license application and premarital counseling. In a covenant marriage, if both spouses don’t agree to a divorce, it will only be granted under limited conditions. Some of those conditions include incarceration, drug and alcohol abuse, and infidelity. The conditions for a legal separation from a covenant marriage are set forth by A.R.S. § 25-904, and are almost the same as the requirements for a covenant marriage divorce. Getting a separation or divorce from a covenant marriage is far more complicated than from a standard marriage. You will need to provide evidence and testimony as to why you want a divorce rather than filing a no-fault divorce. Discuss your options with an Arizona divorce attorney for free by calling 480-833-8000.
Family Law Requirements for Arizona In Arizona, you or your spouse must reside here for at least 90 days before you can file a dissolution of marriage or legal separation here. Your divorce can’t be granted until at least 60 days have passed from when your divorce petition was filed. If you have minor children with your spouse, your children must reside in Arizona for at least 180 days before you can file child support or child custody cases here. Once you have child support or child custody orders in place, they can’t be modified for at least 12 months, unless the child is in danger.
Property division orders are permanent and almost impossible to overturn. Spousal support could be permanent, or could last for a set amount of time. Arizona is a community property state, so contributions to the marital estate can be both financial and non-financial. That means that all assets and debt acquired during a marriage should be split between the spouses equally if they divorce, regardless of how much each of them earned during the marriage. Property that is acquired before the spouses marry, or at any time when they receive it by gift or inheritance, is considered that individual spouse’s separate property.