Q: If we haven’t been married long, can we just get an annulment?
A: Annulment is not a matter of how long you have been married. The grounds for annulment is a condition that
“constitutes an impediment rendering the marriage void” (A.R.S. §25-301). Examples include:
- Marriage between two close relatives (A.R.S. §25-101);
- One person was already married and did not get divorced;
- One or both people were underage(A.R.S. §25-102);
- One person lied about themselves;
- One person forced the other to get married; and
- One person is unable to make legal decisions for medical reasons.
Q: What is required to get a divorce?
A: You are not required to have a lawyer to file for divorce (called a “Petition for Dissolution” in Arizona), but you may want one. If you decide to file without a lawyer, you must complete the necessary forms and understand the applicable laws and court procedures. A judge will consider and rule on all issues such as the division of property (c), spousal maintenance (A.R.S. §25-319), child support (A.R.S. §25-320), legal decision-making, and parenting time (A.R.S. §25-403). Forms may be available at your county courthouse, law library, or on AzCourtHelp.org.
Q: What are the grounds for a divorce?
A: Married couples in Arizona can file for divorce (called a “dissolution of marriage”) if the marriage is broken beyond repair and there is no likely chance the couple will get back together (A.R.S. §25-312). The grounds for divorce are different if the married couple has a covenant marriage (A.R.S. §25-903).
Q: If I get divorced, will I have to pay child support?
A: During a marriage, after a divorce or legal separation, and even if the parents are unmarried, both have an obligation to provide for the support of all minor children (A.R.S. §25-501). Either parent may be held liable for necessities furnished to the other or to the minor children. The state, a parent, or a guardian may file a request to establish child support (A.R.S. §25-502). An income assignment may be obtained automatically deducting the amount from your paycheck (A.R.S. §25-504 & A.R.S. §25-505).
Q: What if I am not sure the child is mine?
A: An action to determine paternity can be started by the mother, the potential father, a guardian or conservator of the child, or the state. Paternity actions receive priority over other cases. Blood tests can be required by either party or at the court’s request. If the question isn’t settled, a trial will be held to determine paternity (A.R.S. §25-801 - §25-817).
Q: What rights do I have as a parent?
A: In a proceeding for dissolution of marriage, a court will determine joint or sole custody (called “legal decision-making” in Arizona) according to the best interest of the child (A.R.S. §25-403.01). A parent who is not granted sole or joint legal decision-making is still entitled to parenting time unless it would seriously endanger the child’s physical, mental, moral, or emotional health. With any custody order, the court will determine the amount of child support. Even with joint custody, there is still a responsibility of each parent to provide for the support of the child (A.R.S. §25-403.09).
According to A.R.S. §8-533, parental rights could be terminated by the court when:
- The parent has abandoned the child;
- The parent has neglected or willfully abused a child;
- The parent is unable to carry out parental responsibilities because of mental illness, mental deficiency, or a history of chronic abuse of drugs or alcohol;
- The parent is deprived of civil liberties due to the conviction of certain felonies; and/or
- A potential father has failed to file a paternity claim or action in certain circumstances.
Laws may have changed since the last time this article was updated. The current and most up-to-date laws can be accessed here.