Arizona Family Law

Arizona laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Arizona Title 25 - Marital and Domestic Relations
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. No-fault
3. Equitable distribution or community property Community Property
a. Methods of apportionment Each spouse's sold and separate property assigned to them; the balance assigned to the community at 50% (inclusive of attached debts); 25-318
i. Periera and Van Camp in CA Methods are considered. Rowe v. Rowe, 744 P. 2d 717 - Ariz: Court of Appeals, 2nd Div., Dept. A 1987. Nelson v. Nelson, 560 P. 2d 1276 - Ariz: Court of Appeals, 2nd Div. 1977
b. Property distribution factors Broad discretion of community property and related debts [25-318]
4. Legal separation? Yes, under Title 25 Chapter 3 Article 2, 25-313
a. Waiting period/Separation period 12 months [25-904(3)]
5. Is mediation required No, but may occur pursuant to law, court order, or voluntary decision of the parties [12-2238(A)]
6. Forms used Arizona Family Law Forms
7. Alimony guidelines and factors General Guidelines [25-319]
Alimony formula Guidelines for determination [25-319(B)]
a. Types Temporary or Permanent per 25-319
b. Term Limits Term determined by the court, 25-319(B)
Cohabitation Terminated at death or remarriage of the recipient, unless agreed to in writing [25-327(B)]
c. Imputing income 25-319(B)(4) identifies the "ability" of the spouse from whom maintenance is sought in determining the amount of support
d. Change in circumstances Can be temporary [25-319(B)], permanent [25-319 (C)], or modified [25-327(A)]
e. Ceases on retirement Term determined by the court, 25-319(B)
Impute income on early retirement
Early retirement for health reasons is involuntary
f. Definition of income Broad definition defined as all earnings or other periodic entitlements [25-1202(9)]
8. Child support factors and guidelines Arizona Child Support Main Page
9. Child support calculator Arizona Child Support Main Page
10. Lump Sum  Support allowed? Yes. [25-327(C)]
11. Valuation
a. Valuation date Complaint
b. Goodwill divisibility All goodwill is divisible - Wisner v. Wisner, 129 Ariz. 333, 631 P.2d 115 (Ariz. Ap. 1981)
c. Standard of value Investment Value - Mitchell v. Mitchell, 732 P.2d 208 (Ariz. 1987)
d. Discounts Discounts for lack of control and lack of marketability are allowed, considered on a case-by-case basis. MARRIAGE OF SCHICKNER v. SCHICKNER, Ariz: Court of Appeals, 1st Div. 2015
e. Shareholder/partner agreements The agreement must be scrutinized for determinable aspects such as goodwill or lack thereof, that can be considered community property. Mitchell v. Mitchell, 732 P. 2d 203 - Ariz: Court of Appeals, 2nd Div., Dept. B 1985.
 12. Double dip  
 a. Stock options  No universal method; case-by-case basis. In re Marriage of Robinson and Thiel, 35 P. 3d 89 - Ariz: Court of Appeals, 2nd Div., Dept. B 2001.
 b. Retirement accounts  
 c. Child support No universal method; case-by-case basis. In re Marriage of Robinson and Thiel, 35 P. 3d 89 - Ariz: Court of Appeals, 2nd Div., Dept. B 2001.
 13. Key cases  
 14. Premarital agreements  Enforced, with exceptions of: (1) not executed voluntarily, or (2) was unconscionable upon execution [25-202]
 15. Common law  No


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