There are five primary issues in a divorce with children: division of the Community PropertyThis is property that belongs equally to both spouses. It includes any property, asset, or liability either party acquires during the marriage with the exception of property acquired by gift or inheritance. Parties can opt out of community property laws with a prenuptial…Read more about Community Property, Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making, Parenting TimeThis is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Read more about Parenting Time, Child SupportBy law, every person has a duty to support their biological or adopted children. See A.R.S § 25-501(A). This applies without or without a court order. The term “child support,” though, generally refers the Court-ordered amount one parent is required to pay to the other parent.Read more about Child Support, and Spousal MaintenanceThese are payments made from one spouse to another when one spouse cannot financially meet their reasonable needs on their own. The law permits spousal maintenance (or alimony as it’s called in other states) for several reasons—to help maintain the lifestyle the parties enjoyed…Read more about Spousal Maintenance (aka AlimonyA term used in many states for the payments that one spouse makes to another to assist them financially in the years following a divorce. Arizona prefers the term "spousal maintenance" over alimony.The purpose of the payments are to help a spouse transition to becoming…Read more about Alimony).
- Property division. Arizona is a community property state. That means anything acquired during the marriage (other than by inheritance or gift) belongs both you and your spouse. In divorce, property is divided equitably—typically that means it is divided equally. But in exceptional circumstances the Court may make an unequal division. There is a well-known case in Arizona where an elderly man married a woman 20 years younger than him. They were married for less than a month. During that month, he bought a house and made a six-figure down payment. At the divorce, the judge awarded 85% of the house to the husband, reasoning it was the fairest outcome considering the circumstances.
- Parenting time. The Court always starts with the idea that Parenting TimeThis is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Read more about Parenting Time should be equal. Unless there is a safety concern, a logistical issue, or some other reason why equal parenting time would not be in the child’s best interests, a judge is likely to order a 50-50 parenting schedule. Arizona law also requires the Court to address other parenting time issues, such as a holiday schedule, a summer Vacation ScheduleAn order within the Parenting Plan that assigns a certain amount of vacation time to each parent. The vacation schedule supersedes the regular schedule.Read more about Vacation Schedule, out-of-state travel procedures, exchange procedures, and a communication plan.
- Legal decision-making. Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making determines which parent can decide issues about the children, like where the child goes to school, whether the child can be enrolled in counseling, what kind of medical procedures the child has, what religious tradition the child is taught, etc. In most cases, Courts order Joint legal decision-makingIf the court orders joint legal decision-making, the parties must agree on all decisions related to the child’s health, education, religious upbringing, or personal care.Read more about Joint legal decision-making which requires the parents to make these decisions together.
- Child support. Child SupportBy law, every person has a duty to support their biological or adopted children. See A.R.S § 25-501(A). This applies without or without a court order. The term “child support,” though, generally refers the Court-ordered amount one parent is required to pay to the other parent.Read more about Child Support is ordered in every case, even when the Court orders equal parenting time. It is calculated by a standard formula that includes parenting time, health insurance, IncomeAs defined by A.R.S. § 25-500(6), “any form of payment owed to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest.” See also child…Read more about Income, and other factors. Contrary to popular belief, the calculation is gender-neutral and focuses on the parent’s income, health insurance costs, and the amount of parenting time. Other expenses such as childcare and private school tuition may be included.
- Spousal maintenance (a.k.a. alimony). The main purpose of Spousal MaintenanceThese are payments made from one spouse to another when one spouse cannot financially meet their reasonable needs on their own. The law permits spousal maintenance (or alimony as it’s called in other states) for several reasons—to help maintain the lifestyle the parties enjoyed…Read more about Spousal Maintenance is to help one spouse transition to independence. Spousal maintenance is a complicated and highly litigated issue, in part because unlike child support, there is no standard calculation. Usually, if spousal maintenance is awarded, it is ordered for only a few years to help one spouse transition to independence. Generally, the bigger the gap in IncomeAs defined by A.R.S. § 25-500(6), “any form of payment owed to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest.” See also child…Read more about Income between the two spouses, the more likely spousal maintenance is to be ordered. Similarly, the longer the marriage, the longer duration of the award. A lifetime award is rare, but it can happen under certain circumstances.
