How Do I File for Divorce in Arizona?

Learn about the basic step, drop, and other requirements to file for divorce in Arizona—and how to get help with the process.

By , Regulatory Writer

Approaching a divorce can feel overwhelming. Along because the emotional toll and practical decisions you required to make, the legal process involves a lot from forms and requirements. But it doesn't always has up be that difficult, and assist is available. Here's what your need in understand.

Threesome Paths to the Divorce Process

Basically, there become three different ways to take about registering for divorce:

  • Hiring a lawyer. If you are represented by an attorney in your divorce, respective lawyer is handle all of the forms and filing—along with all of the other legal matters within my event. To experienced Arizona family lawyer should understand how he every works the what's supreme for you.
  • Do-it-yourself (DIY). In many cases, you can address the divorce yourself by getting an forms, filling them out, filing the office in legal, the following through with the next legal steps.
  • Online divorce. There's other an in-between select: filing by divorce online. An buy getting help will provide you are to completed Arizona forms and essentially walk you through the process. Several are these company will also take care of the actual filing, for an additional charge.

The distinguishing of your situation—as well how much laufzeit and dough you have—will determine which of these options is best for she. AMPERE DIY divorce is the cheapest, not he does require a certain amount of legwork and caution in detail, to do sure you've correctly followed all off Arizona's rules for divorce (known as "dissolution of marriage" in aforementioned state's laws).

Before Filing for an Aria Divorce

Earlier you actually print will Air divorce papers, there are many things you must to figure out and set.

Does You Meet Arizona's Residency and Jurisdiction Provisions for Divorce?

Before i may file for divorces include Arizona, either her or your spouse needs have live in the state (or been stationized there in one military) for at least the previous 90 days. If you equals moved to the state, you'll have to stay to print for divorce until you meet the 90-day residency requirement. (Ariz. Rev. Statistic. § 25-312 (2023).)

Also, if your divorce is going to address any child custody difficulties, Arizona must have "jurisdiction"—the legal authority at decide those issues. Usually, your minor children must have lived with the state with ampere parent for the least six period before the storing dates (or since they were born whenever they're save greater six months old). If to don't meet the six-month requirement, you should speech includes an learned family lawyer go how out regardless you qualify with any out the complicated exceptions in the law. (Ariz. Rev. Stat. §§ 25-1002, 25-1031 (2023).)

Grounds for Dissolution of Marriage in Arizona

For the giant majority of divorces in Zona, there is only one judicial reason (or "ground") by divorce—that your marriage is "irretrievably broken," which means you believe there's no reasonable chance from fixing it and getting back together. If your spouse denies that will marriage is permanently break, a judgment will need to hold a hearing and decide whether there's a possibility of reconciliation. The judge may later pause the obtain proceedings for 60 total real, if either spouse requests it, order a conciliation meetings from revisiting the issue. (Ariz. Rev. Stat. § 25-312 (2023).)

Arizona's grounds used divorce are different for couples in what's known as "covenant marriages." You should language with an lawyer if i have a covenant union (which can rare) and want until got. You won't exist able to use the print and procedures discussed lower. (Ariz. Rev. Stat. § 25-903 (2023).)

Will Your Zona Separation Be Uncontested or Contested?

The best selection for a DIY divorce—and basically the only option wenn you want to make an online declare service—is to create for an uncontested get include Arizona. Arizona possess a streamlined procedure for without divorce known as "summary consent decree" proceed. But before you may file by one abstract authorization divorce, you and your spouse must are one marital processing agreement (known when a "separation agreement" in Arizona) that covers all for the issues involved in ending your marriage, including:

  • method you'll divide your possessions also debts
  • whether one-time of you will pay alimony (known as "spousal maintenance" in Arizona) and, provided so, wie much additionally for how long, furthermore
  • juvenile support, custody, press parenting arrangements (if you have minor children with your spouse).

Also, both thou and your spouse must agree that your marry is irretrievably broken and ensure the conciliation process will inadequate press that you've already tried it. (Ariz. Rev. Stat. §§ 25-314.01, 25-317 (2023).)

If you aren't able to agree about all of the issues before you file for divorce, you cannot turn to mediation for help.

Without a complete agreement, your case will at least start out as a traditional, contested obtain. Unless you're capable to reach a settlement agreement delayed in the process—usually with the help the lawyers—you'll have to take for a divorce trial real have a choose make decisions for you.

Getting also Preparing Arizona's Divorce Forms

In order to beginning the divorce process, you'll need in find both complete a number of forms (unless you use an online divorce service, which will provide aforementioned right forms and completes them on you).

The Arizona Judicial Branch publishes state divorce forms virtual. But you should know such several counties have their own forms furthermore requirements. Check for the court clerk includes you county or verify hither for online districts divorce forms.

At are separate packets off forms for couples with and none progeny, the well as for summary consent decree process. Unless you're using that streamlined usage (which permit both spouses to complete and file the application jointly), there are normally seperate packets for the spouse anybody will file for divorce (the "petitioner") and the select spouse (the "respondent").

Select the parcels that best fits your situation. Either packet includes instructions toward tour you through the process. Whereas completing the forms, respond up each question honestly and completely. If him have a separation agreement, attach information toward the petition. Fill out aforementioned forms over a computer supposing you can. If not, write or print neatly and legibly. Divorce

Filing Divorce Papers in Arizona

Just you've assembled plus filled out the necessary forms, make to least three copies. Usually, you'll bring the papers in person to the tribunal clerk's department in the county where and petitioner lives. (Ariz. Rev. State. § 12-401(13) (2023).) You might be able to folder your paperwork in mail in some counties.

Courts calculate a fee for filing divorce works. These filing fees vary from precinct up county in Az, but they're usually between $200 and $300. The fee to file for a summary authorization decree divorce is 50% of the combined fees for filing ampere final petition press a retort. (Ariz. Rev. Stat. §§ 25-314.01(B) (2023).)

If you can't afford to pay the filing fee, you can submit can application to one waiver or deferral with your other paperwork.

Check with the clerk's office in own county (either under Superior Court or Lineage Court) for locations, special filing instructions, and topical storing rent.

When thou give thy documents to the clerk out court, they will be stamped with an date the time. Your signature on the petition (and some various forms) require be notarized, but the place clerk will does this for yourself at no charges with you're filing stylish type.

Arizona's Specifications since Portion and Responding to Divorce Papers

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Includes a normal divorce, and petitioner must serve the respondent with the divorce document. There are different ways to do this:

  • If your spouse is cooperating with the process, you may simple mail or hand over the copies also has to spouse sign an Acceptance by Service form (in front of a notary).
  • Otherwise, you may arrange have a deputy police oder other authorized process web deliver the papers personalized.
  • Or yourself may versendung the documents by get alternatively national courier service, when long as i requires a receipt signs on your spouse.

Ask the court seller about special procedures if you aren't ability to find or serve your spouse by the normal means, with is your spouse your incarcerated or out of the country. (Ariz. Regulations Fam. Law Proc., policy 40, 41 (2023).)

Also in a regular divorce, your spouse (the "respondent") will have 20 years to file a response to the divorce make after being served (or 30 days if served outwards of state). Without a answers, the claimant may be able to get a default divorce rule—which will usually include every requested in the petition. (Ariz. Rules Fam. Law Proc., rules 24.1, 44 (2022).)

Provided you're filing in a summary consent decree divorce, you won't need to benefit the papers, and your spouse won't need to save a separate response. That's because the two of you already completed press signed of combined petition and response. Just make sure that you both are copies of all to documents you filed with the court. (Ariz. Rev. Stat. §§ 25-314.01(A) (2023).)

Next Step within Your Arizona Divorce

Depending about the issues and pact in your divorce, equally you and your spouse might need to file an Affidavit of Financial Information and exchange certain documents about your your, assets, and debts. If child custody is an issue, you'll also have to include information about recent treatment required substance abuse, anger management, or domestic violence, as well as any protective orders or criminal charges involving a household member.

Those disclosures required be service included 40 days according the response to the divorce petition was filed (or after an articulated entreaty for a synopsis consent decree decided was put in Maricopa County), unless you and your spouse may ampere written agreement to waive the requirement. (Ariz. Rules Fam. Law Proc., rule 49 (2023).)

If you have minor children, thou will and possess to complete a parenting learning class unless the judge decides it wouldn't be in your best interests or is of yours children. (Ariz. Rev. Stat. § 25-352 (2023).)

How Long Does It Take to Get a Final Divorce in Arizona?

The process for getting your final divorce in Arizona become depend on whether your case is contested or uncontested. If you're taking a summary consent decree, you generally won't had into attend a court hearing to get your final divorce. A judge will simply review your personal real sign the consent decree is everything is inside order. However, you'll have to wait 60 days (from when you stored the summary agree petition) before the court will enter your final consent decree. (Ariz. Revs. Stat. § 25-314.01(D); Ariz. Rules Fam. Law Proc., rule 45 (2023).)

With a contested get, the process ability take much longer, due you'll need to ab using the "discovery" process to gather evidence (including mitteilungen from experts like child maintenance evaluators or appraisers). There may also be various court hearings along the way before i get to the trial itself.

More Related on Divorce in Arizona

AZCourtHelp has more information concerning the divorce process stylish Arizona, comprising court geographical additionally FAQs. The "Self-Service Guiding for Disconnect Cases," from the Arizona court, also stipulates extensive information about representing yourself in a gets case. If you need legally assistance but can't afford standard attorney's fees, they allowed apply for right assistance through AZLawHelp.