What factors will a court consider when granting a divorce?
When granting a divorce, a court in Arizona will consider a wide range of factors. Firstly, the court will consider whether a legal ground for divorce exists. Arizona is a “no-fault” state, which means that a spouse does not need to prove any wrongdoing to obtain a divorce. The only ground for divorce is an “irretrievable breakdown” of the marriage. The court will also consider the issue of fault in the breakdown of the marriage. The party at fault may be required to pay compensatory damages to the other party. When determining spousal maintenance (alimony), the court will consider a variety of factors. These factors include the length of the marriage, the ability of each spouse to earn a living, and the educational background of each party. The court will also take into account whether either party had their career interrupted or curtailed to care for the family. Other factors which may be considered include the need for each party to maintain his or her standard of living, the property division, and the best interests of minor children. In child custody disputes, the court will try to determine what arrangement is in the best interests of the children. Finally, the court will consider any other evidence which is relevant to the divorce case. This can include evidence concerning the mental condition of either spouse, the history of domestic violence, and the tax consequences of the divorce. Overall, when granting a divorce, the court in Arizona will consider a number of factors. This includes the legal ground for divorce, the issue of fault, the length of the marriage, the ability of each spouse to earn a living, the best interests of minor children, and any other relevant evidence.
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