Top Resources for Divorce in Arizona
- Process to file for divorce in Arizona
- Arizona Divorce forms and papers
- How much does a divorce cost in Arizona?
- How to serve divorce papers in Arizona
- DIY divorce process in Arizona without lawyers
- Contested Arizona divorce
- Uncontested Arizona divorce
- Legal separation vs. divorce in Arizona
- Where to file for divorce in Arizona
- Alimony in Arizona
- Attorney fees in Arizona
Important Information About Divorce in Arizona
What is the waiting period for divorce in Arizona?
Minimum of 60 days
Do you need to be separated before filing for divorce in Arizona? If so, how long?
No
How does Arizona look at property? (e.g., separate property / equitable property)
Arizona is an community property state
What is the Arizona Divorce Filing Fee?
$234 petition
$159 - response
Is Joint Petition in Arizona possible?
No
How do you waive filing fee?
Apply for deferral or waiver: https://www.azcourts.gov/courtfilingfees/Fee-Waivers-and-Deferrals
What are the annulment rules in Arizona?
Absence of mental capacity, physical capacity, or valid marriage license
Blood relationship
Concealment of prior marital status
Duress
Fraud
Lack of contractual intent
Misrepresentation as to religion
Proxy marriage
Refusal of intercourse
Secret attempt not to abide by antenuptial agreement
Underage
Undissolved prior marriage
www.azcourthelp.org
Is there a faster way to divorce in Arizona?
Uncontested is the fastest.
What are the parties divorcing in Arizona called?
Petitioner and Respondent
What are the methods of serving the Petition (or equivalent) in Arizona?
The deputy sheriff; Process server; Certified mail w/return receipt if spouse resides out of state.
What are the residency requirements for divorce in Arizona?
Resident of the state for 90 consecutive days
Does it matter who files for divorce in Arizona first?
No
What is the deadline for the Response (or equivalent) in Arizona?
20 days in state; 30 days out of state
Are the parties required to go to court in Arizona? Describe
No
Are there requirements before you can file or finalize your divorce in Arizona (like classes, etc)
Parenting Classes
Is separation required before you can finalize your divorce in Arizona?
No
Is Arizona a No-fault state?
Yes (but only non-covenant marriage)
If fault, what are the grounds?
"1. committed adultery
committed a serious crime and has been sentenced to death or imprisonment
abandoned or left the marital home for a period of over a year
committed physical or sexual abuse to the filing spouse, child or other family member who lives in the home
committed domestic violence or emotional abuse
lived separate and apart for over 2 years
spouse was granted a legal separation by the court and they haven’t gotten back together in year
regularly abuses drugs or alcohol
agreed to get a divorce https://azcourthelp.org/faq/divorce/330-divorce-covenant"
Is there Permanent Alimony/spousal support in Arizona?
Yes, but rare.
What are the Alimony/Spousal Support Rules in Arizona?
"https://www.divorcenet.com/resources/divorce/spousal-support/understanding-and-calculating-alimony-ar
lacks sufficient property, even after property distribution in the divorce, to provide for that spouse's needs
is unable to be self-sufficient through employment
contributed financially to the other spouse's training, education, or vocational skills to increase that spouse's earning ability
has significantly reduced income or career opportunities to benefit the other spouse, or
is unable to find employment and become self-sufficient due to a long marriage and advanced age."
What are the Child Support Rules in Arizona?
"Income Shares Model" https://www.divorcenet.com/resources/remarriage-and-child-support-arizona.html
Are there Military Divorce Rules in Arizona?
No
Is there an official Arizona spousal support calculator? If yes, link
No
Is there an official Arizona child support calculator? if yes, link
https://www.azcourts.gov/familylaw/2018-Child-Support-Calculator
When are you able to file taxes in Arizona as a single person?
You can file as a single person if you are divorced or legally seperated on or before Dec 31st
Can parties legally separate in Arizona? If so, how?
If you have been a resident of Arizona for at least 90-days, you can file a petition (request) for legal separation (with or without children), in the county where you reside. Like divorce, the filing spouse must provide a reason (or ground) before the court can grant your request for separation. https://www.divorcenet.com/resources/legal-separation-in-arizona-faqs.html
Where do you file for divorce in Arizona? (e.g., resident county, etc.)
To get a divorce, one spouse must start a court case in the Superior Court. Although the Superior Court has a facility in each Arizona county, a court case to end a marriage must be started in the county where the person requesting the divorce lives.
What are the Arizona rules for filing in this place?
"Before starting the court case, either the husband or wife must have lived in Arizona for at least 90 days or have been a member of the armed forces stationed in Arizona for at least 90 days. Unless Arizona was the last state where you lived together with your spouse, issues regarding custody of children may require a longer residence time in order to deal with those issues.
https://www.azlawhelp.org/documents/azlawhelp_Divorce.pdf"
What are the primary documents generated for Arizona divorce called?
Petition, Response, Motion to Set Trial Date, Consent Decree, Decree are the main ones but there are several more forms involved within these: https://www.azlawhelp.org/documents/azlawhelp_Divorce.pdf
Can you change your name during the Arizona divorce process? If so, how?
"Yes. State law (section 25-325, Arizona Revised
Statutes) allows a woman to return to (""restore"") the
use of her former name at the time the marriage is
ended. A request must be made to the court at any
time before the divorce Decree is signed by the
judge. Usually, the request is included in the first
papers filed in the divorce case.
https://www.azlawhelp.org/documents/azlawhelp_Divorce.pdf"
Can you finalize your Arizona divorce while pregnant? If yes, how?
Usually not
If you can't divorce while pregnant, what are the rules to get a divorce after pregnancy?
"Info on ending domestic partnerships
Arizona courts won't rule on child custody or support matters (including unborn children) until after the child is born.
(formerly ""Can you end an Arizona domestic partnership at the same time as divorce"")
This is unclear, as domestic partnerships are recognized solely for healthcare reasons. I believe the couple could file this form along with their divorce decree: https://www.phoenix.gov/cityclerksite/Documents/2260d.pdf
Are financial disclosures required in Arizona divorce? If so, explain
"In many cases, Yes, both parties are required to submit an Affidavit of Financial Information to the other party and to the Court if the case regards financial issues, child support, spousal maintenance, or a request for attorney fees.
https://superiorcourt.maricopa.gov/media/4489/drds10fz.pdf"
Is there common law marriage in Arizona?
Common law marriages cannot be formed in the State of Arizona, regardless of how many years you live together. However, if you legally achieved common law marriage status in another state that recognizes such unions before moving to Arizona, Arizona will recognize you as legally married.
Is there E-Filing in Arizona?
https://www.azcourts.gov/efilinginformation/.
Is Court Required in Arizona?
No
Are you required to appear in an Arizona court at any point in the divorce process?
Typically, you won't have to attend a court hearing. A judge will review your paperwork and, if everything is in order, will sign the consent decree as your final divorce decree. You'll receive the signed decree in the mail.
Sources:
https://www.azcourts.gov/
www.azcourthelp.org
