Divorce
In Arizona divorce, cases are heard in the Superior Court. In Maricopa County, there are four Superior Court locations. The Superior Court has the power to do a number things in a divorce case.
First, the Superior Court can divide community property and debts. According to Arizona law, community property and debts must be divided equitably, i.e. fairly, but not necessarily equally.
Second, the Court has the power to award spousal maintenance, more commonly known as alimony. There are a number of ways to calculate spousal maintenance and the Court by law must take into consideration thirteen factors including; the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage.
Third, the Superior Court has the power to determine child custody and parenting time.
Fourth, once the above has been decided, the Superior Court determines the child support amount.
Arizona is a “no fault” state. This means that neither spouse needs to prove the misconduct of the other spouse for the divorce to be granted, and as a general rule, the Superior Court will not consider evidence of “fault” unless it is clearly relevant to another issues, such as custody or parenting time.
Like two snowflakes, no two marriages are alike. As such, no two divorces have the exact same facts and circumstances. At De Blank & Toussaint, P.A. we approach each divorce as being unique and strive to obtain positive results through compassion and professionalism. For advice or an assessment of the issues in your divorce case please contact us for a consultation.
