Ending a marriage is challenging, but understanding the legal process can help you navigate this difficult time with more confidence. If you’re considering divorce in Arizona, you’re about to start a journey that involves specific steps and requirements. Here’s what you need to know about how to file for divorce in Arizona, from residency rules to finalizing your decree.
What does filing for divorce in Arizona involve?
Filing for divorce in Arizona involves meeting residency requirements, gathering necessary documents, filing a Petition for Dissolution of Marriage, serving your spouse, and completing the required waiting period. This process typically takes at least 60 days from the date of filing, but it can take longer depending on the complexity of your case and whether you and your spouse agree on all terms.
Residency Requirements
Before you can start the divorce process in Arizona, you’ll need to establish residency. You or your spouse must have lived in the state for at least 90 days before filing. This rule ensures that Arizona has the legal authority to handle your divorce case. If you’re planning to file in a specific county, keep in mind that at least one spouse should have called that county home for a minimum of 60 days before filing.
For those serving in the armed forces, military service members should note that if you’ve been stationed in Arizona for at least 90 days, you meet the residency requirement. However, military divorces can be more complex, so it might be wise to chat with an attorney who knows both Arizona law and military regulations thoroughly.
Grounds for Divorce
In Arizona, you don’t need to point fingers or prove wrongdoing to end your marriage. The state follows a “no-fault” divorce approach. The most common ground for divorce is simply stating that your marriage has suffered an “irretrievable breakdown.” This means the marriage has broken down completely and cannot be repaired.
When you file your divorce petition, you’ll need to include this ground. If both you and your spouse agree that the marriage is beyond repair, the court will usually grant the divorce without digging deeper. But if one of you disagrees and believes there’s still hope, the court might step in and require a hearing or even suggest counseling.
Gathering Necessary Documents
Before you dive into the paperwork, take some time to gather all the documents you’ll need. You will need to collect several important documents:
- Your ID (driver’s license or passport)
- Your marriage certificate
- Birth certificates for you, your spouse, and any children
- Financial records (bank statements, tax returns, pay stubs)
- Property documents (deeds, mortgage statements, car titles)
- Insurance policies
- Retirement account statements
- A list of your assets and debts
Having these documents ready to go will save you time and stress later on. It’ll help you breeze through the court forms and provide accurate financial disclosures. Remember, being thorough now can prevent delays and complications down the road.
Filing the Petition for Dissolution of Marriage
Now it’s time to make it official. The divorce process kicks off when you file a Petition for Dissolution of Marriage with the Superior Court in your county. This document is like a roadmap for your divorce, outlining basic information about your marriage and what you’re asking the court to do regarding property division, spousal maintenance, and child custody (if you have kids).
You can find the necessary forms on the Arizona Judicial Branch website or at your local courthouse. While you can fill out these forms on your own, many people find it helpful to work with an attorney, especially if their case involves complex assets or child custody issues. Consulting a Phoenix divorce lawyer can be particularly beneficial.
When you file the petition, be prepared to pay a filing fee. As of 2023, this fee is typically around $300, but it can vary by county. If that amount is a stretch for your budget, don’t worry. You can ask the court for a fee waiver or deferral by filing an additional form.
Serving Your Spouse
After you’ve filed the petition, you need to officially notify your spouse. This process is called “serving” them with a copy of the petition and a summons. In Arizona, you have 120 days from the date of filing to get this done. You’ve got a few options for serving your spouse:
- Personal service: Hire a professional process server or sheriff’s deputy to hand-deliver the documents.
- Acceptance of service: If your spouse is willing, they can voluntarily accept the papers and sign an acknowledgment.
- Service by mail: Send the documents via certified mail with a return receipt requested.
- Publication: If you can’t track down your spouse, you might be able to serve by publishing a notice in a newspaper.
Each method has its own set of rules, so make sure you follow the correct procedure to ensure valid service. The method you choose can impact how quickly your divorce moves forward and how your spouse responds, so consider your options carefully.
Responding to the Petition
Once your spouse has been served, your spouse must then take action. They now have 20 days to file a response if they’re in Arizona, or 30 days if they’re out of state. In their response, they can agree with your petition, disagree with some or all of it, or file a counter-petition.
If your spouse doesn’t respond within the given timeframe, you might be able to proceed with a default divorce. But don’t assume this means you’ll automatically get everything you asked for in your petition. The court will still review your requests to ensure they’re fair and legal.
Financial Disclosures
Both you and your spouse will need to complete an Affidavit of Financial Information. Think of this as a financial snapshot, providing a detailed picture of your income, expenses, assets, and debts. It’s important to be thorough and honest in this disclosure. Providing false information can have serious legal consequences, so it’s not worth trying to hide anything.
You’ll need to exchange these financial disclosures within 40 days of serving the petition. If your case involves child support, you’ll also need to complete a Child Support Worksheet.
Temporary Orders
During the divorce process, you might need the court to make some temporary decisions about important issues. These could include child custody, spousal support, or who gets to live in the family home. You can request these temporary orders by filing a motion with the court.
These temporary orders stay in effect until the final divorce decree is issued or the court modifies them. They can provide some stability and clarity during the divorce process, especially if you and your spouse are having trouble agreeing on day-to-day matters.
Negotiation and Settlement
Many divorcing couples in Arizona manage to reach agreements on some or all issues without going to trial. This can be done through direct negotiation, mediation, or collaborative divorce processes.
Mediation involves working with a neutral third party to help you and your spouse find common ground. Many Arizona courts offer low-cost or free mediation services for divorcing couples, especially for child custody issues.
If you’re able to agree on all issues, you can submit a consent decree to the court. This can speed up your divorce process and reduce costs.
Trial Preparation
If you and your spouse can’t see eye to eye on all issues, your case will go to trial. This involves a discovery process where both sides gather information, potentially including depositions (sworn out-of-court testimony) and interrogatories (written questions that must be answered under oath).
You might need to bring in expert witnesses, such as financial analysts or child custody evaluators, to support your case. Your attorney will help prepare you for trial, including what to expect and how to present yourself in court.
Finalizing the Divorce
Arizona has a 60-day waiting period from the date of service before a divorce can be finalized. This cooling-off period is meant to give couples a chance to reconcile, but it doesn’t mean your divorce will be final on day 61. The actual time to finalize depends on how quickly you and your spouse can reach agreements or how long it takes to go through a trial.
If you’ve reached a full agreement, you may not need to appear in court. The judge can review and sign your consent decree without a hearing. If there are unresolved issues, you’ll need to attend a final hearing where the judge will make decisions on any disputed matters.
Once the judge signs the Decree of Dissolution of Marriage, your divorce is final. This decree outlines all the terms of your divorce, including property division, spousal maintenance, and child custody arrangements if applicable.
Filing for divorce is a major step with long-lasting implications. While it’s possible to navigate the process on your own, many people find it beneficial to work with an experienced family law attorney who can guide them through the complexities of Arizona divorce law and advocate for their interests. Understanding each step of the process can help you make informed decisions and work towards a resolution that protects your rights and meets your needs.
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Family issues are personal, and legal challenges can make them even harder. Whether you’re facing a divorce, a custody battle, or another family matter, you deserve a lawyer who listens and understands what’s at stake. At Salwin Law Group, we take the time to hear your story and help you find the best path forward.
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Stewart Salwin
Stewart Salwin is the founder and lead attorney at Salwin Law Group, a Scottsdale criminal defense law firm based in the greater Phoenix area. His practice is primarily dedicated DUI-defense work. He is a graduate of Georgetown University and Harvard Law School, where he was taught criminal law by world-renowned defense attorneys.
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