Overview of Family Law in Tucson


Family law can be a confusing subject. By familiarizing yourself with family law in Tucson, you can prepare yourself for your family court case. Find out more about divorce, child custody, and other aspects of family law.

Divorce in Tucson

Arizona has one of the highest divorce rates in the United States. While divorce isn’t the only aspect of family law, it’s one of the most common ones. Many people have questions regarding Arizona divorce.

There are several things you should know about divorce in Tucson. In Arizona, the process is known as a dissolution of marriage. It is a no-fault state, which means you do not need to blame a spouse on the failure of your marriage. If your marriage is irretrievably broken, you can seek a divorce.

There is one exception. If you have a covenant marriage, you need to meet a specific set of divorce requirements. You need to prove that adultery, abuse, or another factor was involved.

To file for divorce in Tucson, you must have been living in Arizona for a minimum of 90 before filing the papers. If you and your spouse can agree on all the terms of your divorce, then you won’t need to resolve your case in court. You can create your own legally binding agreement.

After you come up with an agreement, there is a waiting period for your divorce. The court must wait at least 60 days to grant a divorce. The waiting period begins the day the papers are given to the other spouse.

Custody in Tucson

According to Arizona custody laws, there is no joint or sole custody. Rather, there is parenting time and decision-making rights. The court tends to favor equal time between parents.

That said, custody is not always equal. To determine visitation and other custody issues, a judge looks at the situation. They evaluate what is in the best interest of the child. If there is a history of domestic abuse or substance abuse, the judge could limit visitation and decision-making rights.

If you and the child’s father were never married, you might need to go through an added step. The father has no rights until they go through the court to prove paternity or establish a parenting plan. Until then, the mother has all of the rights.

Asset Division

When a marriage comes to an end, the couple must sort out some details. Asset division is one such detail. As a community property state, Arizona considers any property obtained during a marriage to be community property. The court divides this property according to equitable distribution.

One common misconception is that equitable means equal. Instead of making an equal division of property, the court aims to make a fair division of property.

Alimony and Child Support in Tucson

If you get a divorce, you may be entitled to alimony. This occurs when one spouse meets the criteria for alimony. They might fail to have property to meet their needs, be unable to support themselves through work, or have another circumstance that keeps them from being able to make enough money to live a reasonable lifestyle.

Another issue is child support. If the couple has a child together, one parent could be responsible for paying some money to support that child. However, this is separate from alimony. It is possible for a parent to receive both child support and alimony.\

If you have questions about this or any other family law issues, contact Elkins and Associates. They can answer your questions and help you fight for a fair outcome.