A.R.S. 25-302
Procedure and law
A. The jurisdictional requirements and procedure for obtaining an annulment shall be the same as if the matter were one for dissolution of marriage.
B. If grounds for annulment exist, the court to the extent that it has jurisdiction to do so, shall divide the property of the parties and shall establish the rights and obligations of the parties with respect to any common or adopted children in accordance with the provisions of section 25-320 and chapter 4, article 1 of this title.
Explanation: The process is going to be the same to obtain a divorce or annulment. When you annul a marriage, you are basically saying it didn't ever really exist. The court will divide the property.
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A.R.S. 25-311
Jurisdiction; form of petition; award of decree
A. The superior court is vested with original jurisdiction to hear and decide all matters arising pursuant to this chapter and pursuant to chapter 4, article 1 of this title.
B. A proceeding for dissolution of marriage or legal separation shall be entitled, "in re the marriage of _____________ and _______________." A custody or support proceeding shall be entitled, "in re the (custody) (support) of _______________."
C. The initial pleading in all proceedings under this chapter and under chapter 4, article 1 of this title shall be denominated a petition. A responsive pleading shall be denominated a response.
D. A decree of dissolution or of legal separation, if made, shall not be awarded to one of the parties but shall provide that it affects the status previously existing between the parties in the manner decreed.
Explanation: When you see original jurisdiction, it's essentially telling you that a court (the superior court in this statute) will be the first to hear and rule on a case. The rest is largely procedural.
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A.R.S. 25-312
Dissolution of marriage; findings necessary
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 this state, 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 ninety days prior to filing the petition for dissolution of marriage.
2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.
3. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903.
4. To the extent it has jurisdiction to do so, the court has considered, approved and made provision 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.
Explanation: This statute provides circumstances a court will look at when declaring a divorce.
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A.R.S. 25-313
Decree of legal separation; findings necessary
The court shall enter a decree of legal separation if it finds each of the following:
1. That one of the parties at the time the action was commenced was domiciled in this state or was stationed in this state while a member of the armed services.
2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.
3. The marriage is irretrievably broken or one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-904.
4. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage.
5. To the extent it has jurisdiction to do so, the court has considered, approved or 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 the property.
Explanation: This statute provides the circumstances a court will look at in determining legal separation. When you are legally separated, you are not divorced.
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