How to File for Divorce in Arizona: Step-by-Step Legal Guide
The process of filing for a divorce can be overwhelming, especially with the emotional toll that comes with ending a marriage. Although no one enters a marriage with divorce in mind, sometimes it’s the only option. The legal process itself can be complex, with practical decisions to make, requirements to meet, and forms to sign. In this article, we break down the process of filing for divorce in Arizona so you can know what to expect and prepare accordingly.
How Divorce Is Different in the State of Arizona
Filing for a divorce in Arizona refers to the process of divorce as the dissolution of marriage. However, it differs slightly from some states in terms of requirements. For instance, the Judicial Branch of Arizona requires residents to wait for at least 60 days from the date of their marriage before they can file for a divorce.
The parties pursuing the dissolution of their marriage must be domiciled in the state for at least 90 days before filing. This means that the couple must have treated Arizona as their primary state of residence. One of the ways you can demonstrate that your primary domicile is by registering to vote. If you and your spouse meet these two requirements, either can push to proceed with the marriage dissolution.
What Do You Need to Discuss With Your Spouse Before Divorce Proceedings?
Before filing for a divorce, it helps to discuss pertinent issues with your spouse or partner. Agreeing on the following issues can speed up the process and make the divorce proceedings seamless:
Custody of the Minor Children
Custody is one of the primary concerns for many parents when filing for a divorce. When minor children are involved, the court will have to decide about the custody. Being on good terms with your partner can be helpful. You can discuss the future of your children and decide on the best course of action:
- How you will divide parenting time: Do you want to have rotating schedules, or split the weekends and weekdays?
- How will you make decisions about your children: Will the parent who is currently watching over the child have the right to make all decisions, or will consultations be necessary?
Discussing the issues of custody ensures that both of you are content with the arrangement and that the young children involved will not be subjected to conflict needlessly. If you cannot agree about the custody, then the judge will do it for you.
Child Support
Child support refers to the financial obligations that parents have to their children. Whether you are the parent awarded primary custody or the non-custodial, supporting your child will still be your responsibility. Although there is no set amount of child support you must pay, the law requires it to be a reasonable amount.
Maintenance or Alimony
Alimony means maintaining a certain standard of living for your ex-partner. This provision during a divorce covers the unequal division of assets. It can take different forms other than monetary payments, such as providing your partner with certain goods and/or services in lieu of financial support.
Division of Assets
Another thing you will need to discuss before divorce proceedings is asset division. The court will usually seek to equally divide all the assets that the couple acquired throughout the marriage. Talking about the division of assets with your spouse helps to clarify which of your assets were obtained before getting married, and avoid contentious dissolution.
How to File for a Divorce in Arizona: A Step-by-Step Guide
Whether you have discussed the above with your or not, you can still start the divorce proceedings. Here are the key steps to follow:
Step 1: Obtain and Accomplish the Petition for Dissolution of Marriage
The first step to filing a divorce in Arizona is to obtain a petition for dissolution of marriage. This is the document that the court will repeatedly reference throughout the divorce proceedings. Make sure you provide all the requested details and fill out the form under the supervision of an attorney to avoid making mistakes.
Step 2: Complete Other Relevant Documents
In addition to the petition for dissolution of marriage, you may be required to fill out the preliminary injunction, summons, sensitive datasheet, and other documents.
Step 3: File the Petition for Dissolution of Marriage and Other Documents with the Court
Once you have obtained and filled the necessary documents, head over to the courthouse in your area and look for the clerk of court who will accept your filing. Familiarize yourself with the rules for filing and pay the necessary fee. You will then be given a case number that you will use as a reference for future proceedings.
Step 4: Serve the Petition for Dissolution of Marriage and Other Documents to the Other Party
With the documents completed and filed, you can now serve your spouse the petition to dissolve the marriage. Serving them the paperwork gives them a legal notice of what you intend to do.
You can serve your spouse divorce documents by sending an unrelated party such as a registered process server or a law enforcement officer to deliver the documents. You could also have them sign an Acceptance of Service before serving the documents. You are then required to return the signed documents to the clerk of court and file the proof of service.
Step 5: Wait for the Response of the Other Party
If your spouse lives in Arizona, they will have up to 20 days to file a response to your petition while those living outside will have up to 30 days. In cases where the respondent was made aware of the petition through a publication, they will have up to 60 days from the day of the notice’s initial publication to respond. If the other party does not respond on time, the case can proceed by default if they fail to respond promptly.
Step 6: File a Consent Decree if You Agree to the Dissolution of Their Marriage
Once the two of you agree to the terms of the divorce and indicate as such in their response, the next step is to file consent decrees, detailing the terms of your divorce. The consent decrees are then filed with the court. You may need to make an additional appearance in court to finalize the divorce.
Step 6A: Attend a Default Hearing
If your ex-partner does not respond to the petition, a default hearing will eventually end in your being divorced. You will need to file an application and affidavit of the default divorce and send a copy to your spouse. If they do not respond after 10 days, your divorce will push through.
Step 6B: Go to an Early Resolution Management Conference
The court may order both of you to attend an Early Resolution Management Conference if your ex-spouse does respond and indicate that they do not agree with the terms of marriage dissolution. During the conference, the two will need to compromise and agree to the terms of your divorce.
Step 6C: Take Part in a Trial
In cases where the two of you cannot agree to the terms, the trial may go to court. Since trials can be costly and time-consuming, it is best to discuss all the pertinent issues with your partner before starting the divorce proceedings.
Step 7: The Dissolution of Marriage Is Finalized
Your marriage is dissolved at the end of the divorce, whether you went through a relatively civil divorce or a contentious trial. The court will hand down the decree of dissolution of marriage, marking the finalization of the divorce.
Hire a Reliable Divorce Lawyer
Divorces can be messy, tiring, and costly. However, working with an experienced lawyer increases the chances of getting final terms that favor you. If you want to file for a divorce in Arizona, contact us at the Schill Law Group today. Our attorneys are ready to take your case and guide you through every step of divorce proceedings.
