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The Preferences of Minor Children in Arizona Family Court Cases

The Preferences of Minor Children in Arizona Family Court Cases

Arizona courts are required, by statute, to make orders about parenting time and legal decision-making based on the best interests of the minor child. See ARIZ. REV. STAT. ANN. § 25-403(A). A child’s best interests are determined using eleven (11) factors, one of which considers: “If the child is of suitable age…
Arizona Legal Annulment of Marriage

Arizona Legal Annulment of Marriage

Arizona law empowers its superior courts to “adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void.” ARIZ. REV. STAT. ANN. § 25-301. When an annulment is granted, Arizona courts proceed as though the marriage had never existed in the first place. “Upon…
What Are the Statutory Grounds for an Order of Legal Separation in an Arizona Covenant Marriage?

What Are the Statutory Grounds for an Order of Legal Separation in an Arizona Covenant Marriage?

The applicable Arizona statute lists seven (7) bases for granting an order of legal separation to a covenant marriage. See Ariz. Rev. Stat. Ann. § 25-904. The first basis listed by the statute is the adultery of the respondent to the request for a decree of dissolution. § 25-904(1). It is important…
Are Common Law Marriages Recognized in Arizona?

Are Common Law Marriages Recognized in Arizona?

As a general rule, Arizona will not allow a common law marriage to be formed within the state. In fact, only a small handful of United States jurisdictions allow the formation of or recognize some form common law marriage, including: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina (for…
What Are the Legal Grounds for a Divorce in an Arizona Covenant Marriage?

What Are the Legal Grounds for a Divorce in an Arizona Covenant Marriage?

The applicable Arizona statute lists eight (8) bases for granting a decree of dissolution (divorce) to a covenant marriage. See Ariz. Rev. Stat. Ann. § 25-903. The first basis listed by the statute is the adultery of the respondent to the request for a decree of dissolution. § 25-903(1). It is important…
What is a Covenant Marriage in Arizona?

What is a Covenant Marriage in Arizona?

In 1998, Arizona became one of a small handful of jurisdictions in the United States that recognize a legally distinct type of marriage, called a “covenant marriage”, which requires a special license from the state and limits the grounds for divorce or legal separation. See Ariz. Rev. Stat. Ann. § 25-901 et…
Divorce in Arizona

Divorce in Arizona

There are two major ways to dissolve a marriage in Arizona. These ways can involve children, or not. The first way is an uncontested divorce, which proceeds exactly as it sounds – uncontested. Both parties to the action have agreed to each and every aspect of the divorce and can proceed pretty seamlessly…
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