--- name: az-family-law description: > Use for any Arizona family-law / domestic-relations matter: dissolution (divorce), covenant marriage, community-property division, legal decision-making, parenting time, child support, spousal maintenance, relocation, interstate jurisdiction. Triggers: "Arizona divorce", "dissolution of marriage Arizona", "irretrievably broken Arizona", "Arizona divorce waiting period", "covenant marriage Arizona", "Arizona community property", "legal decision-making Arizona", "Arizona parenting time", "Arizona child support", "spousal maintenance Arizona", "Arizona relocation", "Arizona UCCJEA", "Arizona UIFSA". Covers: no-fault dissolution (A.R.S. § 25-312) with 60/90-day waiting, covenant marriage (§ 25-901 et seq.), community-property (§ 25-211/25-213/ 25-318), legal decision-making and parenting time (§ 25-401/25-403), relocation (§ 25-408), child support (§ 25-320 + Guidelines), spousal maintenance (§ 25-319 + Guidelines), bar on common-law marriage (§ 25-111), UCCJEA / UIFSA. version: 0.1.8 --- # Arizona Family Law > **NOT LEGAL ADVICE.** This subject-matter bundle describes a > substantive framework for Arizona domestic-relations matters, > not legal advice and not strategic advice for any specific case. > Family-law cases carry long-term consequences for property, > children, and finances; strongly consider consulting a licensed > Arizona family-law attorney even on an "agreed" dissolution. > Outcomes are fact-specific; the choice of claims, defenses, and > the parenting/support positions belongs to the litigant (and any > counsel the litigant retains). Verify every rule, threshold, > waiting period, dollar figure, and citation against current law > before filing. This bundle supplies the **substantive law** of Arizona family practice. The **venue mechanics** — which Superior Court family-law department, intake, conciliation services, mandatory forms, parent education, and the order-of-protection procedure — live in `az-family-court`. Document format lives in `az-statewide-format`. ## Snapshot — Arizona family-law principles - **No-fault dissolution.** A standard (non-covenant) marriage is dissolved on a finding that the **marriage is irretrievably broken** — **A.R.S. § 25-312**. No party pleads or proves fault. - **Covenant marriage is the major exception.** A **covenant marriage** (**A.R.S. § 25-901 et seq.**) may be dissolved **only** on the limited fault/separation grounds enumerated in **A.R.S. § 25-903**. See the dedicated section below. - **Waiting period — A.R.S. § 25-329.** The court may not hold a trial or hearing on (or consider an affidavit-supported submission for) a decree of dissolution or legal separation until at least **60 days after the date of service of process or acceptance of process** — which functionally bars entry of the decree before then. **Residency — A.R.S. § 25-312:** a party must have been domiciled in Arizona (or stationed there in the armed services) for at least **90 days** before filing. - **Community-property state.** Property acquired during the marriage is **community property** — **A.R.S. § 25-211** — and is divided **equitably** at dissolution under **A.R.S. § 25-318**. Equitable means **fair, and presumptively but not necessarily equal**. Separate property is defined at **A.R.S. § 25-213**. - **"Legal decision-making" and "parenting time," not "custody."** Arizona replaced the term *custody* in 2013. Definitions live at **A.R.S. § 25-401**; the **best-interests** factors at **A.R.S. § 25-403**; the sole-vs-joint framework at **A.R.S. § 25-403.01**; the domestic-violence overlay at **A.R.S. § 25-403.03**. - **Child support uses the Arizona Child Support Guidelines.** Statutory basis **A.R.S. § 25-320**; the operative figures live in the **Guidelines** (an income-shares model). - **Spousal maintenance — A.R.S. § 25-319** plus the **2023 Arizona Spousal Maintenance Guidelines**, the new advisory calculation (see below). - **No common-law marriage.** Arizona requires a **license + lawful solemnization** — **A.R.S. § 25-111** — so cohabitation alone creates no marriage; a marriage **valid where contracted** is honored. ## Filing path — where a family case goes Arizona family matters are heard in the **Superior Court** of the county of proper venue (each county Superior Court has a family-law department or assigned family-law judges/commissioners). The venue mechanics, conciliation services, parent-education requirement, and the AOC mandatory forms live in `az-family-court`. Orders of protection for domestic violence run parallel to dissolution and parenting cases — the **procedural** order-of-protection mechanics are in `az-family-court`; this skill addresses only the substantive family-law overlay. ## Dissolution — the standard ground (A.R.S. § 25-312) For a **non-covenant** marriage, Arizona is a **pure no-fault** state. The court enters a decree on a finding that the **marriage is irretrievably broken** — **A.R.S. § 25-312(A)(3)**. No other ground is required and the court may not condition the decree on proof of fault. If one party denies the marriage is irretrievably broken, the court may order a **conciliation conference** or continue the matter, but irretrievable breakdown remains the ultimate finding. **Residency / domicile — A.R.S. § 25-312(A)(1).** At least one party must have been **domiciled in Arizona** (or been a member of the armed services stationed in Arizona) for at least **90 days** before the petition is filed. Confirm the exact count in the corpus. ## Dissolution — the 60-day waiting period (A.R.S. § 25-329) Under **A.R.S. § 25-329**, the court may **not** consider an affidavit-supported submission, or hold a trial or hearing, on an application for a decree of dissolution or legal separation until **60 days after the date of service of process or the date of acceptance of process** — which functionally means no decree can be entered before the 60th day. This is a floor on the trial/hearing (and thus the decree), **not** a residency rule and **not** a cooling-off period that bars filing. Calculate the count with `az-deadlines` and verify the current text in the corpus. ## CRITICAL — Covenant marriage (A.R.S. § 25-901 et seq.) Arizona is **one of the few covenant-marriage states.** A couple may elect at the time of marriage by signing the statutory **declaration of intent** (**A.R.S. § 25-901**) after premarital counseling — or may **convert** an existing valid marriage into a covenant marriage (**A.R.S. § 25-902**) by recording the § 25-901(B) declaration with a certified copy of their marriage certificate (converting couples need **not** repeat the § 25-901 premarital counseling). **Always confirm at intake whether the marriage is a covenant marriage**, because it changes the available grounds entirely. A **covenant marriage cannot be dissolved on the no-fault "irretrievably broken" ground.** It may be dissolved **only** on the limited grounds enumerated in **A.R.S. § 25-903**, which (verify the current list in the corpus) include such things as: - **Adultery** by the other spouse; - Commission of a **felony** with a sentence of death or imprisonment; - **Abandonment** for at least one year; - **Physical or sexual abuse** of the spouse, a child, a relative, or **domestic violence**; - Living **separate and apart** continuously without reconciliation for the statutory period; and - **Habitual drug/alcohol abuse**, or **both spouses' agreement** to the dissolution. The same limited-grounds regime applies to **legal separation** of a covenant marriage (**A.R.S. § 25-904**). Plead the specific § 25-903 ground and its supporting facts. Do **not** plead "irretrievably broken" for a covenant marriage. Verify the full, current grounds catalog before drafting. ## Property distribution — community property (A.R.S. §§ 25-211, 25-213, 25-318) Arizona is a **community-property** state — **not** an equitable-distribution-of-everything state. The analysis is a classification step followed by a division step. ### Step 1 — Classify (community vs. sole and separate) - **Community property** — **A.R.S. § 25-211** — is all property **acquired by either spouse during the marriage**, with the statutory exceptions. Both spouses have an undivided one-half interest in community property. - **Separate property** — **A.R.S. § 25-213** — is property a spouse **owned before marriage**, and property acquired during marriage by **gift, devise, or descent**, plus the **increase, rents, issues, and profits** of separate property. Property acquired **after service** of a dissolution petition (where the petition results in a decree) is also separate (see § 25-211). - **Commingling.** Separate property that is **commingled** with community property so that it can no longer be traced may lose its separate character; the spouse asserting a separate interest bears the burden of **tracing**. Community contributions to a separate asset (e.g., mortgage paydown on a pre-marital home, or community labor enhancing a separate business) can create **community liens** / reimbursement claims. Address tracing and any community lien expressly. ### Step 2 — Divide the community equitably (A.R.S. § 25-318) At dissolution the court divides the **community, joint tenancy, and common property equitably** under **A.R.S. § 25-318** — **"equitable" need not be exactly equal**, though Arizona courts treat a substantially **equal** division as the norm absent a sound reason to depart. Separate property is **confirmed** to the owning spouse and is **not** divided. The court also allocates **community debts**. Verify the controlling articulation and the current text of § 25-318 in the corpus. ## Legal decision-making and parenting time (A.R.S. §§ 25-401 to 25-403.03) Arizona **replaced "custody" with "legal decision-making" and "parenting time" effective January 1, 2013.** Draft in the current terms. ### Definitions — A.R.S. § 25-401 - **Legal decision-making** = the legal right and responsibility to make **all nonemergency legal decisions** for a child (education, health care, religious training, personal care) — § 25-401(3). It may be awarded **sole** (one parent makes the major decisions — § 25-401(6)) or **joint** (both parents share decision-making — § 25-401(2)). - **Parenting time** = the schedule of **when** each parent has the child and is responsible for routine care during that time. ### Best interests — A.R.S. § 25-403 Legal decision-making and parenting time are decided on the **best interests of the child** under the enumerated factors at **A.R.S. § 25-403** — including the past, present, and potential relationship between each parent and the child; the child's relationships and adjustment to home, school, and community; the child's wishes if of suitable age and maturity; the mental and physical health of all involved; **which parent is more likely to allow frequent, meaningful, and continuing contact** with the other; **domestic violence or child abuse**; coercion or duress in obtaining an agreement; and others. In contested cases the court must make **specific findings on the record** as to the relevant factors. Verify the current enumeration of § 25-403 in the corpus before drafting findings. ### Sole vs. joint — A.R.S. § 25-403.01 **A.R.S. § 25-403.01** governs the choice between **sole** and **joint** legal decision-making and directs additional factors (including the agreement or lack of agreement of the parents and whether joint decision-making is logistically possible). There is **no presumption** for or against either parent based on the parent's sex. ### Domestic violence — A.R.S. § 25-403.03 **A.R.S. § 25-403.03** controls where there is **significant domestic violence** or a **significant history** of domestic violence: it creates a **rebuttable presumption against awarding joint or sole legal decision-making to the perpetrator** and structures supervised or restricted parenting time. Plead and prove the domestic-violence findings carefully where they apply. ## Relocation of a child (A.R.S. § 25-408) Where both parents reside in Arizona and a court order on legal decision-making or parenting time is in effect, a parent who intends to **relocate the child** — **out of state, or more than 100 miles within Arizona** — must give the other parent at least **45 days' advance written notice** under **A.R.S. § 25-408** (verify the distance and notice count in the corpus). The non-moving parent may **petition to prevent the relocation** within the statutory window. On a contested relocation the court decides in the child's **best interests**, and the parent seeking to relocate bears the **burden of proving the move is in the child's best interests**. Section 25-408 lists relocation-specific factors (e.g., the reasons for and against the move, the prospective advantages, each parent's motives, the effect on the child's stability and relationships, and whether a realistic, cost-effective revised parenting schedule is possible). Verify the current factor list before drafting. ## Child support (A.R.S. § 25-320 + the Arizona Child Support Guidelines) Arizona support is set by guideline. **A.R.S. § 25-320** directs the court to order support **in the amount resulting from the Arizona Child Support Guidelines** unless a deviation is justified by written findings that the guideline amount would be **inappropriate or unjust** in light of the child's best interests. The Guidelines use an **income-shares** model: both parents' gross incomes are combined, a basic support obligation is determined from the schedule for the number of children, and the obligation is apportioned between the parents and adjusted for **parenting-time days**, **medical / dental / vision insurance**, **child-care costs**, and other add-ons. The Guidelines also address **attribution of income** to a parent who is voluntarily unemployed or underemployed. Establishment, review, and enforcement (income withholding, license actions, contempt) run through the court and the Division of Child Support Services (see `az-family-court`). **Modification** requires a **substantial and continuing change of circumstances** (a deviation of a threshold percentage permits a **simplified** modification). > The Child Support Guidelines schedule, the self-support reserve, > the parenting-time adjustment table, and the add-on rules live in > the **Arizona Child Support Guidelines** and are **amended > periodically** — always run the **current** official Guidelines > and worksheet rather than relying on stale figures. See the corpus > and `az-law-references` for the controlling numbers. ## Spousal maintenance (A.R.S. § 25-319 + the 2023 Guidelines) **A.R.S. § 25-319** is a **two-step** statute. First, the court determines **eligibility** under § 25-319(A) — e.g., the spouse lacks sufficient property to provide for reasonable needs, cannot be self-sufficient through appropriate employment (or is the custodian of a child whose circumstances make outside employment inappropriate), contributed to the other's earning ability, or had a marriage of long duration and an age that precludes adequate employment. **If** eligible, the court then sets the **amount and duration** under the § 25-319 factors. > **2023 Arizona Spousal Maintenance Guidelines.** Effective in > **2023**, Arizona adopted **advisory Spousal Maintenance > Guidelines** that produce a **calculated suggested range** for the > **amount and duration** of maintenance once eligibility is > established under § 25-319(A). The Guidelines are **advisory** — > the court may deviate with findings — but they are the new default > starting point and replace the prior purely discretionary, > factor-only approach to quantum. **Run the current Guidelines > calculator**; the formula inputs, duration multipliers, and any > caps live in the Guidelines, not in this skill. See the corpus and > `az-law-references`. ## Common-law marriage (A.R.S. § 25-111) Arizona does **not** recognize common-law marriage. **A.R.S. § 25-111** requires a **marriage license** and a **lawful solemnization** for a valid Arizona marriage; cohabitation, reputation, and a holding-out as married do **not** create a marriage in Arizona no matter how long. However, a common-law marriage **validly contracted in another state** that recognizes it is **honored** in Arizona under the rule that Arizona recognizes marriages valid **where contracted**. A party asserting an out-of-state common-law marriage must plead and prove its validity under that state's law. ## Jurisdiction over children and interstate cases - **UCCJEA — A.R.S. § 25-1001 et seq.** governs subject-matter jurisdiction over **legal-decision-making / parenting-time** determinations. The child's **home state** generally controls. Plead the UCCJEA jurisdictional allegations and the required information about the child's residences for the prior period in the petition. - **UIFSA — A.R.S. § 25-1201 et seq.** governs interstate **support** establishment, modification, and enforcement, including registration of out-of-state orders and the continuing-exclusive-jurisdiction rules. ## Orders of protection / domestic violence (cross-reference) Domestic-violence **orders of protection** are commonly sought alongside a dissolution or parenting case, and their findings can bear directly on the **best-interests** analysis and the **§ 25-403.03** domestic-violence presumption above. The **procedural** order-of-protection mechanics — the petition, the ex parte standard, the hearing on request, and service — live in `az-family-court`. Coordinate any protective order with the parenting-time provisions across the cases. ## Drafting checklist - [ ] Forum correct (Superior Court family-law department, proper county venue) — see `az-family-court` - [ ] **Covenant marriage screened at intake** — if covenant, plead a specific **A.R.S. § 25-903** ground (NOT "irretrievably broken"); if standard, plead the marriage is **irretrievably broken** under § 25-312 - [ ] Residency/domicile (90 days, A.R.S. § 25-312) alleged; **60-day** post-service waiting period (A.R.S. § 25-329) calculated with `az-deadlines` - [ ] Property **classified** (community vs. sole and separate, A.R.S. §§ 25-211 / 25-213) with **tracing** and any **community lien** addressed before proposing an **equitable** division under A.R.S. § 25-318; community debts allocated - [ ] Legal decision-making + parenting time framed in the **current 2013 terms**, with findings on the **best-interests factors** (A.R.S. § 25-403) and the sole-vs-joint analysis (§ 25-403.01); **§ 25-403.03** domestic-violence presumption addressed where it applies - [ ] Any relocation handled under **A.R.S. § 25-408** (45-day notice; out-of-state or 100-mile trigger; best-interests burden on the moving parent) - [ ] Child support run on the **current** Arizona Child Support Guidelines; any deviation supported by written findings under A.R.S. § 25-320 - [ ] Spousal maintenance analyzed in **two steps** — eligibility under A.R.S. § 25-319(A), then amount/duration via the **2023 Spousal Maintenance Guidelines** with deviation findings if any - [ ] UCCJEA / UIFSA allegations included where there is an interstate element ## Composition - For format and the Ariz. R. Civ. P. 10 caption: `az-statewide-format` - For the family-law department venue, conciliation services, parent education, AOC mandatory forms, and order-of-protection mechanics: `az-family-court` - For Superior Court venue generally: `az-superior-courts`, `az-maricopa`, `az-pima`, `az-superior-courts` - For drafting the petition / response / motion: `az-draft-motion` - For sworn declarations / affidavits: `az-draft-declaration` - For a proposed decree / order: `az-draft-order`, `az-submit-order` - For pro se conventions and self-represented intake: `az-pro-se` - For the 60-day waiting period and other deadlines: `az-deadlines` - For hearings and oral argument: `az-hearings` - For citation verification: `az-fact-check` - For canonical A.R.S. text, the Child Support Guidelines, and the 2023 Spousal Maintenance Guidelines: `az-law-references` ## References - `references/dissolution-grounds-residency.md` — A.R.S. § 25-312 irretrievably-broken ground + 90-day domicile, A.R.S. § 25-329 60-day waiting period - `references/covenant-marriage.md` — A.R.S. § 25-901 / 25-902 declaration + conversion, the § 25-903 limited dissolution grounds, § 25-904 legal separation - `references/community-property.md` — community vs. sole-and-separate classification (A.R.S. §§ 25-211 / 25-213), commingling and tracing, community liens, equitable division under A.R.S. § 25-318 - `references/legal-decision-making-parenting-time.md` — A.R.S. § 25-401 definitions, § 25-403 best-interests factors, § 25-403.01 sole vs. joint, § 25-403.03 domestic-violence presumption - `references/relocation.md` — A.R.S. § 25-408 notice + the best-interests relocation standard and factors - `references/child-support.md` — A.R.S. § 25-320 + the income-shares Arizona Child Support Guidelines and worksheet inputs - `references/spousal-maintenance.md` — A.R.S. § 25-319 two-step eligibility + factors and the 2023 Arizona Spousal Maintenance Guidelines advisory calculation - `references/uccjea-uifsa.md` — A.R.S. § 25-1001 et seq. and A.R.S. § 25-1201 et seq.