What You Need to Know About How to File for Divorce in Arizona

Arizona refers to divorce as a legal dissolution of marriage. Here’s what you need to know about how to file for divorce in Arizona.

When filing for divorce in Arizona, the spouse filing is the petitioner, and the spouse responding is the respondent. The time it takes to obtain a dissolution of marriage depends on the length of the marriage, the assets of the couple, and their children, if there are any.

Filing for Divorce in Arizona

At least one spouse must reside in Arizona for 90 days prior to filing for divorce in the state.

The first step in filing for divorce in Arizona is filing a petition for dissolution of marriage with the court. The petition should include all assets the petitioner wants in the divorce.

The petitioner must consider the marriage “irretrievably broken” before filing for divorce in Arizona.

Related: Types of Divorce: What Are My Divorce Options?

The petitioner must file multiple other documents along with the petition, including:

  • Family Court Cover Sheet
  • Summons
  • Preliminary Injunction
  • Petition for Dissolution of Marriage (Divorce) With or Without Children
  • Sensitive Data Sheet
  • Notice of Right to Convert Health Insurance
  • Parent Information Program Order and Notice
  • Affidavit of Minor Children
  • Notice Regarding Creditors

The petitioner must file these forms with the Clerk of Court at the courthouse.

After the petitioner files forms with the court, they must serve some forms to their spouse, including:

  • Family Court Cover Sheet
  • Summons
  • Preliminary Injunction
  • Petition for Dissolution of Marriage (Divorce) With or Without Children
  • Notice of Right to Convert Health Insurance
  • Notice Regarding Creditors

The petitioner can serve the respondent through a registered process server, law enforcement officer, or by having the respondent sign a form saying they were served. After filing with the court, the petitioner has 120 days to serve their spouse.

The petitioner must then file proof of service with the court.

Responding to a Divorce in Arizona

The respondent may respond to the petition for dissolution of marriage. If the respondent lives in Arizona, they have 20 days from service to file a response. If the respondent lives out of state, they have 30 days to respond.

The court may require the respondent to attend a hearing. The court may also require the petitioner and the respondent to attend an early resolution management conference.

If the respondent does not respond to the petition, the petitioner can request a default hearing by filing an application and affidavit of default. The court will not grant a default hearing until 61 days after the petitioner serves the respondent.

Consensus During Divorce in Arizona

If both spouses agree on all issues during the divorce, they may sign a consent decree and submit it to the court. The spouses may not file a consent decree until 64 days after the petitioner serves the respondent with divorce papers.

Related: Contested and Uncontested Divorce: The Difference

Filing a consent decree will shorten the length of the divorce proceedings.

Cost of a Divorce in Arizona

When the petitioner files a petition for dissolution of marriage with the court, they must pay a fee. The respondent must also pay a fee when they file a response to the petition with the court. This fee ranges depending on the county but is usually between $200 and $300.

The petitioner and respondent will also be responsible for attorneys’ fees if lawyers are involved in the divorce.

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If you or a loved one would like to learn more about File for Divorce Arizona, get your free consultation with one of our Divorce Attorneys in Arizona today!