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Divorce laws are written and enforced by the state in which the partners reside. This means your state and local family law court determine such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Described information comes from government publications and resources. Make sure to consult a lawyer in your state for the most current law and procedures.

RESIDENCY REQUIREMENTS: At least one party needs to be a resident of Arizona for a minimum of 90 days before filing for a dissolution of marriage. There is also a 60-day waiting period after the service of process [Based on Arizona Revised Statutes; Title 25, Chapter 312 and 329]

WHERE TO FILE: Papers should be filed in the county where the person petitioning for the dissolution resides. [Based on Arizona Revised Statutes; Chapter12, Title 401]

LEGAL GROUNDS FOR DIVORCE: Irretrievable breakdown of the marriage. [Based on Arizona Revised Statutes; Chapter25, Title 316]. However, if the marriage is a covenant marriage [Arizona Revised Statutes; Chapter 25, Title 901], the following may be considered grounds for a dissolution:

* Adultery,

* Commission of a felony and the resulting imprisonment,

* Abandonment for at least one year,

* Physical or sexual abuse,

* Living separate and apart for at least two years,

* Habitual drug or alcohol abuse,

* The husband and wife both agree to the dissolution of the marriage. [Based on Arizona Revised Statutes; Chapter 25, Title 903]

NAME OF COURT IN WHICH TO FILE FOR DIVORCE: The Superior Court in the county that the action is filed in. [Based on Arizona Revised Statutes; Chapter 25, Title 311]

LEGAL SEPARATION: Arizona recognizes legal separation. At least one party must be a resident of the state and both parties must agree to the legal separation, otherwise the court shall direct that the pleadings be amended to seek a dissolution of the marriage. [Based on Arizona Revised Statutes; Chapters 25, Title 313 and 317]

MEDIATION OR COUNSELING REQUIREMENTS: At the request of either party or on its own motion, the court may order a conciliation conference for the purpose of reconciling the marriage (in the case of a covenant marriage), or to reach an amicable settlement so as to avoid further litigation over the issues involved. [Based on Arizona Revised Statutes; Chapters 25, Title 316 and 381.09]

PROPERTY DISTRIBUTION: Arizona is a community property state, with marital property and debt being divided equally, regardless of who's name is on the title. The court shall assign each spouse's sole and separate property to such spouse. [Based on AZ Revised Statutes; Chapters 25, Title 318]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance in a proceeding for dissolution or legal separation:

* Lacks sufficient property to provide for his or her needs,

* Is unable to be self-sufficient or is caring for a child whose age or condition makes it unreasonable to seek outside employment,

* If one spouse contributed to the educational opportunities of the other spouse,

* If the marriage was long-term and the spouse's age makes getting employment difficult.

The factors that are taken into consideration when determining maintenance are:

1. The standard of living established during the marriage.

2. The duration of the marriage.

3. The age and earning ability of the spouse seeking maintenance.

4. The ability of the spouse paying maintenance to meet his or her own needs.

5. The comparative financial resources of both spouses.

6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.

7. The ability of both spouses to contribute to the educational cost of their mutual children.

8. The time necessary for the spouse seeking maintenance to receive training to become employable.

9. The effect of health insurance costs due to the dissolution. [Based on Arizona Revised Statutes; Chapters 25, Title 319]

SPOUSE'S NAME: Upon request, the court shall order that party's requested former name be restored any time prior to signing the dissolution decree. [Based on Arizona Revised Statutes; Chapters 25, Title 325]

CHILD CUSTODY: The court may order sole custody or joint custody. The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child, based on the following factors:

* The wishes of the child's parent regarding custody.

* The wishes of the child.

* The interaction between the child and the parent, the child and the siblings or any other person who may significantly affect the best interest of the child.

* The child's adjustment to home, school and community.

* The mental and physical health of all individuals involved.

* Which parent will promote continued contact between the child and the other parent.

* Which parent has provided primary care for the child.

* Whether either parent was convicted of an act of false reporting of child abuse or neglect.

* Whether a parent was influenced or coerced into a custody decision. [Based on Arizona Revised Statutes; Chapters 25, Title 403 and 403.01]

CHILD SUPPORT: In proceedings for a dissolution or legal separation, the court may order either or both parents to pay child support. The court may also order retroactive child support (if no child support was previously ordered) from the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support. The amount of child support order shall the based on the following factors:

* The financial needs of the child.

* The financial resources and needs of the custodial parent.

* The standard of living the child during the marriage.

* The physical and emotional condition of the child.

* The child's educational needs.

* The financial resources of the non-custodial parent.

* The duration of parenting time and related expenses.

* Excessive expenditure, destruction, concealment, or fraudulent disposition of community property.

Child support continues until the age of majority unless the child is still attending high school (but only until age 19), or if the child is severely mentally or physically disabled and cannot be self-supporting. Support payments shall be made to the support payment clearinghouse for remittance to the person entitled to receive the payments unless the parties agree otherwise. Child support may be modified upon showing substantial changes in circumstances or every three years if requested [Based on Arizona Revised Statutes; Chapters 25, Titles 320, 322, 505.01]

PREMARITAL AGREEMENT: A premarital agreement must be in writing and signed by both parties. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. A premarital agreement is not enforceable if any of the following conditions apply:

* The party did not execute the agreement voluntarily.

* The party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.

* Did not voluntarily waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.

* The party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

[Based on Arizona Revised Statutes; Chapters 25, Titles 202 and 204]

How To Enforce Child Support – The Federal Option

Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.

How and where do I apply?

In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.

Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.

What are the steps to collecting support?

The first step, if a child was born out of wedlock, is to establish paternity - or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.

Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.

The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.

At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.

The most successful way to collect child support is by direct withholding from the obligated parent's paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.

Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won't be affected.

For More Information write for the Handbook on Child Support Enforcement by contacting:

ACF OCSE National Reference Center

370 L'Enfant Promenade, S.W.

4th Floor Washington, DC 20447

(202) 401-9383

or

OCSENationalReferenceCenter@acf.hhs