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The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law


Grounds:Only requirement is thatrelationship be irretrievably broken and the court has madeprovisions for child custody, support, disposition of property,and support of spouse.

Residency: One party must be Arizonadomiciliary and presence has been maintained 90 days prior tofiling for divorce.

Waiting Period: Before filing fordivorce, either may file in conciliation court; no trial until 60days after service of process.

No Fault: Irretrievable breakdown;separation (both parties must consent and relationship must beirretrievably broken).

Defenses: None listed.

Code Section: Uniform Marriage andDivorce Act 25-311 to 25-381

Uniform Child Custody Act: 1978
Joint Custody: Yes, 25-332
Grandparent Visitation: Yes, 25-337.01
Child’s Wishes Considered: Yes
Code Section: 25-331, et seq.

Community Property: Yes (25-211)


Grounds: Superior courts maydissolve and adjudge marriage null and void when cause allegedconstitutes impediment rendering it void.

Time Limitation: Common law rulesapply.

Legitimacy of Children: None listed.

Prohibited Marriages: Betweenparents and children, grandparents and grandchildren, brothersand sisters (half and whole), aunt and nephew, uncle and niece,first cousins unless both are over 65 or one is not able toreproduce; same sex. Code Section: 25-101, 125, 301


American Arbitration Association
Phoenix Regional Office
333 E. Osborn Rd., Ste. 310
Phoenix, AZ 85012
Phone: (602)234-0950
Fax: (602)230-2151
Deborah A. Krell-Schindler, Reg. VP

Arizona Child Support EnforcementAdministration
Department of Economic Security
PO Box 40458, Site Code 966C
2222 W. Encanto Blvd.
Phoenix, AZ 85005
Phone: (602)255-0236
Fax: (602)253-5206

Arizona Department of Health Services
Office of Vital Records
PO Box 3887
Phoenix, AZ 85030-3887
Phone: (602)255-3260
Responds to public inquiries for birth and death records datingfrom 1887 (records incomplete prior to 1909). Charges $8 forcertified photocopy of birth records, and $5 for certifiedcomputerized copy of birth records (for births after 1950).Charges $5 for death records. For marriage records, contact theclerk of Superior Court of county where license was issued. Feevaries. For all inquiries, enclose a stamped, self-addressedenvelope.

Arizona Insurance Department
2910 N. 44th St., Ste. 210
Phoenix, AZ 85018
Phone: (602)912-8400
Susan Gallinger, Dir.

Arizona State Banking Department
2910 N. 44th St., Ste. 310
Phoenix, AZ 85018
Phone: (602)255-4421
Free: 800-544-0708
Richard C. Houseworth, Supt. of Banks

Office of Child Support EnforcementRegional Representative (Arizona)
50 United Nations Plaza
Mail Stop 334
San Francisco, CA 94102
Phone: (415)556-5176

State Bar of Arizona
363 N. 1st Ave.
Phoenix, AZ 85003
Phone: (602)252-4804
Fax: (602)271-4930

Publications: Brochures, includingDivorce and Children - Answers to Common Questions; How to Findand Hire a Lawyer; What is Bankruptcy?; Arizona Divorce byDefault - A Do It Yourself Guide (video and brochure), andArbitration/Mediation - Simple Alternatives to the Court System.

© 1997 Flying Solo™. All rights reserved. Legal Notices

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