Arizona

Arizona Divorce Residency Requirements

The court shall enter a decree of dissolution of marriage if it finds each of the following:

1. That one of the parties at the time the action was commenced was domiciled in Arizona, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for 90 days prior to filing the petition for dissolution of marriage.

2. The marriage is irretrievably broken.

3. The court has considered, approved and made provisions for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse, and the disposition of property.

How Custody is Decided in Arizona

The court shall determine legal decision-making and parenting time in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child’s physical and emotional well-being, including:

1. The past, present and potential future relationship between the parent and the child.

2. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest.

3. The child’s adjustment to home, school and community.

4. If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time.

5. The mental and physical health of all individuals involved.

6. Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.

7. Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent.

8. Whether there has been domestic violence or child abuse.

9. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time.

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

In a contested legal decision-making or parenting time case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.