Divorce in Arizona can take time, but it could be the best option if you and your spouse are unable to continue living together as a couple. If you are thinking about ending your marriage, you need to learn how to file for divorce in Arizona so you can move quickly and effectively through this emotional time.
This guide will explain everything you need to know about divorce in Arizona to help you get started with the process of ending your marriage.
Who Can File for Divorce in Arizona?
Arizona has residency requirements for people who want to file for divorce in its state courts. In order to be eligible to divorce in Arizona, you or your spouse must have lived in the state for a minimum of 90 days prior to filing court forms to dissolve your marriage.
For military members, you will be considered to have met Arizona’s residency requirements if the military member was stationed in the state continuously for at least 90 days prior to initiating divorce proceedings.
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What Are the Grounds to File for Divorce in Arizona?
When you file for divorce, you must specify the grounds for dissolving your marriage. Essentially, this means you must provide legal justification for why your marriage should come to an end.
Arizona, like all states, provides for no-fault divorce, and that occurs when one spouse states that the marriage is irretrievably broken. Only one spouse needs to assert this for the court to grant the divorce.
If you entered into a covenant marriage, different rules apply.
Covenant Marriage in Arizona
Arizona is one of a number of states that recognize covenant marriage. If you wish to enter into a covenant marriage, you must undergo premarital counseling and include a special statement when applying for your marriage license expressing your preference for this type of relationship.
If you have entered into a covenant marriage, you can get a divorce only for specific reasons including the following:
- Your spouse commits adultery
- Your spouse commits a serious crime and is imprisoned
- Your spouse has abandoned you and lived separately from you for at least one year
- Your spouse physically or sexually abused you, your children or a relative living in your home
- Your spouse committed emotional abuse or domestic violence
- You and your spouse have been living separately and continuously apart for one year from the time of a legal separation or for two years in total without reconciliation
- Your spouse habitually uses alcohol or drugs
- You and your spouse both agree you want the marriage to end
You cannot change your mind about being in a covenant marriage at the time of divorce proceedings. You must live with the decision you made at the time you were wed.
How to File for Divorce in Arizona
Filing court paperwork is a key part of how to file for divorce in Arizona. You need to file to dissolve your marriage in the county where you or your spouse live in Arizona. You can find a list of county courts and state divorce forms for each county on the AZ Court Help website.
There are numerous forms that you must include with your divorce paperwork. Depending on your situation, these forms could include the following:
- Petition for Dissolution of Marriage With or Without Children,
- Family Court Cover Sheet
- Summons
- Preliminary Injunction
- Sensitive Data Sheet
- Notice of Right to Convert Health Insurance
- Parent Information Program Order and Notice
- Affidavit of Minor Children
- Notice Regarding Creditors.
You must submit your paperwork to the Clerk of the Court and pay a filing fee or request a fee waiver if making payment would be a financial hardship.
Serving Divorce Paperwork in Arizona
After you have submitted the paperwork to the court to initiate your divorce, your spouse must be served notice. This means your spouse must be informed you have filed for dissolution of your marriage.
There are a number of possible ways you can serve your spouse with divorce papers. These could include:
- Acceptance of service: With this approach, your spouse signs a form in front of a notary acknowledging that they have received and accepted the divorce papers.
- Service by mail: You must make sure you receive a signature confirmation and the other party must sign for the papers if you use this method.
- Service by registered sheriff or a registered process server: You pay the fees for a professional to serve your spouse with papers if you take this approach.
- Publication: If you cannot find your spouse, you may be able to provide notification by publishing it in a newspaper or via other public means. This is usually a last resort when no other methods of service have worked and requires court permission
Your spouse generally has a period of 20 days to respond after being served with papers (or 30 days if he or she lives out of state). If your partner does not respond, the court can move forward with a default divorce. This means your requests included in your court paperwork would be granted by default.
If your spouse does respond, then the proceedings will move forward in the form of either a contested or an uncontested divorce depending on whether you and your spouse have come to an agreement about the terms of your divorce.
Contested or Uncontested Divorce
Arizona allows for an uncontested divorce, which means you and your spouse agree that the marriage should end and you agree on the issues involved in dissolving your marriage such as child custody and support, property and debt division, and alimony.
An uncontested divorce can be cheaper, faster and simpler. You avoid a full trial by addressing complex custody and property issues yourself. You also may have the option of using a simplified process called a summary consent decree process to move through the uncontested divorce process in a more streamlined way.
If you and your spouse cannot agree on all the issues, however, you will need to go through a contested divorce. This means going to court, presenting evidence and letting the court make decisions on how your unresolved divorce issues are resolved.
What Is the Waiting Period for an Arizona Divorce?
Arizona law requires that 60 days pass between the time your spouse is served with divorce papers and the time the marriage is dissolved.
Getting Legal Help With a Divorce in Arizona
Learning the basics of how to file for divorce in Arizona can be helpful so you know what to expect when you end your marriage. But you will likely need legal help from an experienced divorce attorney.
Your attorney can help you understand legal requirements for divorce, complete the required court paperwork, argue for your preferred divorce settlement, and ensure your rights are protected. You should contact an experienced Arizona divorce lawyer as soon as possible to assist you with these important steps of marriage dissolution.
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Frequently Asked Questions About Divorce in Arizona
How is marital property divided in an Arizona divorce?
Arizona is a community property state. This means marital property and debts acquired during the marriage are split 50/50. You and your spouse can have the court to divide up your assets according to these community property rules or negotiate an out-of-court settlement to determine on your own how to divide up your property and debts.
Can you get alimony in an Arizona divorce?
Alimony is granted in some Arizona divorces. The court will typically award alimony only if the recipient spouse doesn’t have enough property to provide support for their needs, you cannot obtain appropriate employment to support themselves are the parent of a child whose condition makes it impossible for them to support themselves they made a major contribution to helping their spouse develop a career, they gave up career opportunities for their spouse or the marriage lasted many years and age prevents the spouse from finding employment opportunities.
How long does an Arizona divorce take?
You cannot be granted a divorce in Arizona until at least 60 days have passed from the time your spouse was served with divorce papers. In most cases, it takes longer than 60 days to address all of the issues involved in dissolving your marriage. An experienced Arizona divorce lawyer can assist you in making the process go as quickly and smoothly as possible.
