Arizona Divorce Laws

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Arizona divorce laws regarding child custody

The below mentioned factors are considered by the court in deciding whether to permit joint custody or sole custody. The best interests of the child are kept in mind.

• If any parent was forced or influenced to a custody decision
• If any parent was involved in false reporting of neglect or child abuse due to which conviction took place
• If the parent has offered primary care for the child
• If the parent would encourage continued contact amongst the other parent and the child
• The physical and mental health of all the persons involved in the child
• How the child adapts to the community, school and home
• The relation amongst the parent and the child, the child and the siblings and the child and any individual who considerably affects the best interests of the child
• The desires of the child
• The desires of the parents

Arizona divorce laws regarding child support

The following issues are taken into consideration while determining child support -

• The educational and economical needs of the child
• The emotional and physical state of the child
• The standard of living of the child when the parents are in a married state
• The needs and financial resources of the custodial parent
• Fraudulent character, concealment, destruction and excessive expenditure of community property

As per the orders of the Court, both or one of the parents may have to pay child support. At times retroactive child support is ordered from the date of separation. However, this is not for more than 3 years prior to the filing date for divorce.

Maintenance

In order to determine the amount for maintenance, the following points are thought over -

• A comparison of economical resources of both partners
• The capacity of the partner who pays maintenance to meet the self requirements
• The earning capacity and age of the partner who is requesting maintenance
• The period for which the marriage has lasted
• The standard of living that was enjoyed during marital life
• Changes in health insurance expenditure due to the divorce
• The period essential for the partner requesting maintenance to be employed after relevant training
• The capacity of the partners to bear the educational expenses of the children
• How the earning ability of one partner has been assisted by the other partner

The Court orders maintenance to one partner for the following reasons -

• If the marriage has lasted for a long time and procuring employment for the partner has become difficult due to the age factor
• If one partner has assisted during the educational chances of the other partner
• If one partner cannot be self-sufficient
• If one partner is taking care of a child, the condition and age of whom makes it impracticable to attend duty
• If one partner does not have enough property to take care of self needs

Alteration of name

Before the dissolution decree is signed, if one partner requests to restore a former name, the Court issues the essential orders.

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