Initiating a divorce in Arizona involves a structured legal process. This guide provides an overview of the initial stages, from meeting state prerequisites to properly notifying your spouse, helping you navigate the start of a dissolution of marriage case.
Arizona Divorce Prerequisites
Before a divorce action can be commenced in Arizona, certain requirements must be satisfied. The most significant is the residency rule, which dictates that at least one of the spouses must be domiciled in the state for a minimum of 90 days before filing the petition. This requirement, outlined in Arizona Revised Statutes § 25-312, also extends to members of the armed forces stationed in Arizona for at least 90 days, ensuring the state’s courts have jurisdiction.1azleg.gov. 25-312 – Dissolution of marriage; findings necessary
Arizona is a “no-fault” divorce state, which simplifies the grounds for dissolution. The only legal reason required to dissolve a marriage is a finding that the marriage is “irretrievably broken,” meaning there is no reasonable prospect of reconciliation. This eliminates the need to prove misconduct by either party. Covenant marriages are an exception and have more stringent requirements for dissolution, but for most, the no-fault standard is all that is necessary to proceed.2azleg.gov. 25-903 – Dissolution of a covenant marriage; grounds
Gathering Information and Completing Initial Divorce Forms
The first step in the divorce process is gathering personal and financial information. You will need the full legal names, birth dates, and addresses of yourself, your spouse, and any minor children, along with the date and location of your marriage. You should also compile a list of all assets and debts, including property, bank accounts, vehicles, and loans, as well as employment and income details for both parties.
With this information, you can complete the initial legal documents, which are available through the superior court websites for each county. The primary form is the Petition for Dissolution of Marriage, where you state the marriage is irretrievably broken and list your requests regarding property, debt, and child-related matters. Other standard forms include:
- The Summons, which officially notifies your spouse of the lawsuit.
- A Preliminary Injunction, which prevents both parties from making major financial changes or removing children from the state.3azleg.gov. 25-315 – Preliminary injunction; effect
- An Affidavit Regarding Minor Children, if children are involved.
- A Parent Information Program Order and Notice, also for cases with children.
The Court Filing Process
Once all initial forms are completed, you must file them with the Superior Court in the county where either you or your spouse resides. You will take the original documents and several copies to the Clerk of the Superior Court’s office. The clerk will stamp the documents, assign a case number, and return conformed copies to you.
Many Arizona counties offer an electronic filing (e-filing) system, which allows you to submit your documents online after creating an account. Regardless of the method, you must pay a filing fee at the time of submission. These fees can vary but are typically several hundred dollars.
If you are unable to afford the filing fee, you can submit an Application for Deferral or Waiver of Court Fees. To qualify, you must demonstrate financial hardship, often by showing that your income is below a certain threshold or that you receive public assistance. If the court approves your application, your fees will be postponed or waived.4azleg.gov. 12-302 – Extension of time for payment of fees and costs; relief from …
Serving Your Spouse
After your divorce petition is filed and a case number is assigned, you are legally required to formally notify your spouse of the lawsuit. This notification is called “service of process” and ensures the other party has an opportunity to respond. You cannot hand the documents to your spouse yourself; service must be completed through a legally recognized method.
One straightforward method is Acceptance of Service. This involves your spouse voluntarily signing a document that acknowledges receipt of the divorce papers, which you then file with the court. If your spouse is unwilling to sign, you must arrange for formal service by a licensed private process server or a county sheriff’s deputy who will personally deliver the documents.
Once service is completed, the server will complete a Proof of Service form, which details the date, time, and manner of service. This document must be filed with the court clerk to prove that your spouse was properly notified. In situations where your spouse cannot be located, a judge may permit service by publication in a newspaper as a last resort.
After Your Spouse is Served
Once your spouse has been served with the divorce papers, a specific timeline for their response begins. If they were served within Arizona, they have 20 days to file a formal “Response” with the court. If served outside of the state, this period is extended to 30 days. The Response is their opportunity to state whether they agree or disagree with the requests in your petition.
If your spouse fails to file a Response within the legal timeframe, you may ask the court for a default judgment. This means the judge can proceed with the divorce and grant the relief you requested in your petition without your spouse’s participation. If they do file a Response, the case will proceed.
If both parties are in agreement on all issues, they can work together to finalize a Consent Decree, which is a final divorce order that incorporates their mutual agreements. If there are disagreements, the case is considered contested. This may lead to court proceedings such as mediation, temporary orders hearings, and discovery. For cases involving children, both parents will be required to complete a Parent Information Program class.