FAQ-Domestic Relations: Pre-Petition

Commonly asked questions about Domestic Relations

What are the requirements in Arizona for filing for divorce, legal separation, annulment, or child custody?

To get a Dissolution of Marriage (Divorce) or Legal Separation, one of the spouses must have been domiciled in Arizona for at least 90 days and the marriage must be irretrievably broken. If one spouse files for legal separation and the other objects, the court will amend the request to make the action one for dissolution rather than legal separation. For the court to grant an annulment, there must be grounds to declare the marriage void.

What is community property?

Community property includes all property acquired by either spouse during the marriage, except that property acquired by gift, devise or descent. The community ends when the Petition for Dissolution, Legal Separation or Annulment is filed.

What is a community debt? What can the court do with community debts in a divorce?

Community debts are those debts that were acquired by either spouse during the marriage. Both spouses share responsibility for community debts.

What is joint custody?

Joint custody can refer to “legal” or “physical” custody. When parents share joint legal custody, both parents have an equal voice in the decision making regarding their children. When parents share joint physical custody, both parents have essentially equal parenting time with their children.

How much child support will I receive/pay?

Child support is calculated according to the Arizona Child Support Guidelines, which you can view by clicking here. The amount of support needed for each child is based on the amount that would be spent by both parents in an in-tact home. Some of the variables that go into the calculation include each parent’s income, medical insurance expenses, child care expenses, any extraordinary costs for the child, and the number of days each parent will spend with the child.

What is spousal maintenance and how do I get some?

Spousal maintenance, also known as alimony, is support that the court may order one spouse to pay to the other for some length of time after the divorce. Whether spousal maintenance is awarded will depend on several factors including the incomes of each spouse, the standard of living during the marriage, the ability of each spouse to work and be self-supporting.

What is a Q.D.R.O.?

Qualified Domestic Relations Order. This is a special order that needs to be prepared if you or your spouse has a retirement or pension account that is community property and will be divided between you, but which will not be paid out until some time in the future.

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