Seeking professional counsel on how to apply for divorce in Arizona?
Arizona is a no-fault divorce state, which means that neither partner is required to show guilt or liability in order to terminate the union. The only issue is whether the marriage is “irretrievably broken,” which merely means that the partners have no desire to continue the marriage.
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Requirements for Residency
To meet the domicile criteria, either partner must have resided in Arizona for at least 90 days or be a member of the military services stationed there for at least 90 days.
Complete your Forms
To start a divorce in Arizona, one of the partners (the petitioner) must submit a motion with the Clerk of the Superior Court in the county of either spouse’s domicile. The motion requests that the court formally terminate the marriage and issue the required decisions regarding the couples’ property, obligations, child support, possession, and alimony. In general, the judge will not grant a partner anything that was not specifically asked in the case. In addition, both partners have the option of filing a combined motion for a consent order.
When the motion is filed, the petitioner must also file:
The summons informs the non-filing partner (the defendant) that a divorce case has been submitted and that he or she must take action within a certain time limit. The divorce cannot proceed without a Super Court Clerk signed order.
A Notice of Right to Convert Health Insurance — Each partner has the right to convert health insurance and is entitled to receive an advice notice about the rights and duties that come with any current health insurance policy that the pair may share.
Preliminary Injunction — This prevents both partners from doing anything with money, property, children, or insurance until the judge can settle the problems or both parties reach an arrangement in writing. It is a judicial ruling that will remain in force until the divorce is finalized. If a partner breaches the interim order, he or she may face prison time.
Notice to Creditors — This is a document that informs each partner of their respective rights and duties with regard to debts incurred during the marriage.
Most jurisdictions require the petitioner to finish a Domestic Relations or Family court cover page in addition to submitting these papers. The document contains details about both sides that will aid in the case’s handling. If there are minor children involved, an Affidavit Concerning Minor Children as well as an Order and Notice Concerning the Parent Information Program must be submitted. The petitioner must make three duplicates of the papers listed above. The original must be delivered to the Clerk of the Superior Court, the next to the petitioner’s partner, and the final duplicates are for the petitioner’s documents. Finally, registration costs differ by county, so it is best to call the County Superior Court to ascertain what price one will pay when submitting.
All documents, enumerated by county, are available on the Arizona Judicial Branch website.
Service
To notify your partner that you are applying for divorce, copies of the above documents (summons, petition, etc.) must be delivered within 120 days of the case’s submission. The regulations of the municipality in which the divorce is submitted govern how delivery is made.
Following that, the defendant must submit an Affidavit of Service or Proof of Service. This is a documented declaration that the defendant was served with the documents that must be submitted with the Clerk of Super Court. In Arizona, the reply may complete an Acceptance of delivery document, which allows them to merely accept the delivery of duplicates of the necessary paperwork. This document does not indicate that the respondent adheres to the petitioner’s requests; rather, it indicates that the respondent takes or waives the service. This saves the expense of hiring a process server or the bailiff and enables the case to move more quickly. This choice is especially useful for partners who want to speed up the divorce procedure.
A Response must also be filed by the defendant. This Response is a written document in which the reply expresses his or her agreement or disagreement with the petitioner. The Response must then be mailed to the petitioner.
The Waiting Period of 60 Days
After the Petitioner has served their partner with the proper divorce papers, a 60-day waiting time starts. A divorce cannot be given in Arizona until at least 60 days have elapsed since the petitioner served his or her partner. Once the waiting time is over, if both spouses agree on the divorce conditions (which include everything from child support to property obligations), the divorce can be completed fairly swiftly. If the pair cannot concur on the terms, the matter will be heard in court, and the conditions will be decided by a judge.
The Dissolution Decree
The ultimate judicial ruling that formally terminates the marriage is the Decree of Dissolution. The order contains details on the division of property and obligations. Also included is information on child custody, family time, child support, and spouse support. The decree can be acquired via default, approval of the parties (consent decree), or judicial process.
When a petitioner fails to submit an answer, a Default Decree is issued by default. If the defendant does not submit a statement within 20 to 30 days, the court will terminate the union by giving a Default Decree. Before a Default Decree can be given, the petitioner must submit an appeal with the court, known as a Notice of Default. When a file is submitted, the court marks it as a reply default case, and the case moves into the default phases. Before the process can commence, a duplicate of the Notice of Default is mailed to the defendant via first-class mail. If the defendant does not react within 10 days, the ruling by default is recorded. From here, the procedure for a default case differs by jurisdiction.
If the partners achieve an understanding before the hearing, an agreement of the parties or a consent order is given. If the couples reach an understanding, they can escape the lawsuit by petitioning the judge for a Consent order. The decree (which should be submitted collectively) should declare and clarify the conditions of the agreement, and the ultimate ruling will decide whether the parties fulfilled all of the decree’s requirements. If a pair is unable to reach an agreement, their divorce case proceeds to judgment.
A Word on Covenant Marriages
If you are in a covenant marriage in Arizona and want to split, the state legislation will not give you a divorce without a cause. Adultery, desertion, physical violence, or regular drug misuse must be demonstrated in order to obtain a divorce in a covenant marriage. If none of the aforementioned events occur, there are no reasons for divorce and a pair may not separate.
