how to file for divorce without a lawyer in arizona

by Jaquelin Kub DDS 8 min read

  • Before You Begin. If you’ve decided to end your marriage, there are many issues you’ll need to resolve during the divorce process.
  • Preparing Arizona Divorce Forms. In order to start the divorce process without a lawyer, you’ll need to complete some forms. The Arizona Judicial Branch publishes divorce forms online.
  • Filing Your Forms. When you’re ready to file your forms, make two copies of each document. ...
  • Serving Your Spouse. Service of process is an essential part of the American legal system because it ensures that everyone has notice about what’s going on and an opportunity to ...
  • Financial Disclosures. Both spouse must complete financial affidavits as part of the divorce. An affidavit is a statement sworn in front of a notary.
  • Additional Resources. To learn more about divorce, property division, child custody and visitation, alimony, and related issues, see our section on Divorce and Family Laws in Arizona.

How do I file for divorce in Arizona?

To file a divorce petition in Arizona, the petitioner must also file the following: Summons: Informs to the respondent that a divorce has been filed and he/she must take action within a particular time period.

What are the divorce laws in the state of Arizona?

1 Arizona is a no-fault divorce state. ... 2 For divorce in Arizona, either spouse must state that their marriage is broken irretrievably without any prospect of reconciliation. 3 Your spouse or you must have resided in the county where you’re filing for a divorce for a minimum of 90 days before filing a Petition for Divorce. More items...

How can I get a quick divorce without a lawyer?

By filing a no-fault, uncontested divorce with an agreement an attorney has reviewed, you can get a quick divorce. A quick divorce can save money on legal fees, and it also can save a lot of stress. If your divorce is uncontested, filing online may be the way to go.

What is a no-fault divorce in Arizona?

A nuts and bolts guide to no-fault dissolution, property division, alimony, and child custody in Arizona. In Arizona the divorce procedure is called a dissolution of marriage.

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Can I file for a divorce on my own in Arizona?

Even if you decide to file for divorce on your own, there will be fees. You must pay to file documents with the court. Filing fees differ depending on your jurisdiction and the materials you have to file. You also have to pay to serve the other party.

How much does it cost to get a divorce in Arizona without a lawyer?

On average, an Arizona divorce costs about $20,000. The average cost of divorce in Arizona without a Lawyer is $577. The average cost of divorce in Arizona with a Lawyer is $20,000. However, the average cost of divorce in Arizona can range from $15,000 to $100,000 per side when including expert witness fees.

How do I file for divorce for free in Arizona?

Arizona divorce forms are all available online and free to use. The Arizona Judicial Branch provides the required forms and instructions for a divorce with minor children or without minor children. These forms may be accepted by courts statewide, although some courts may have their own preferred forms.

Do I need an attorney for a divorce in Arizona?

While many couples can and do get divorced in Arizona without attorneys, spending a consultation fee to have an experienced family attorney review the divorce before it is finalized will be money well spent. The lawyer can identify if you have any issues in your case which require more exploration or attention.

Who pays for a divorce in AZ?

The Arizona divorce laws permit the Court to order one spouse to pay some or all of the other spouse's attorney fees and costs. Although there are many different statutes that provide the court with this authority, the most cited statute is A.R.S. 24-324.

How long do you have to be separated before divorce in AZ?

60 daysDoes Arizona require separation before divorce? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse.

Can I divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

Can you get divorced without the other person signing?

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.

Can I file for divorce online in Arizona?

You can't actually get divorced entirely online in Arizona. Rather, you can download the initial divorce papers, but you will need to file them in person. You may also need to attend one or more hearings at the court in order to finalize your case.

How do I file for divorce myself?

On filing for divorce without a lawyer shall require to follow the steps all by themselves:Petition: means the application which is presented before the court stating the matter and claims in brief. ... Hearing: The court fixes a date for the hearing, on that date, the couple requires to be present in court.More items...

How much does it cost to file divorce papers in Arizona?

What is the cost of a divorce in Arizona? In Maricopa County, the base fee for filing a Petition for Dissolution of Marriage (with or without children) is $349. Pima County's fee is $83 less at $266. Other Arizona counties have different filing fees.

How do I start a divorce in Arizona?

To initiate a divorce in Arizona, a spouse files a “Petition for Dissolution of Marriage” with the clerk of the Superior Court and pays the requisite filing fee. The other spouse must be served with a copy of the petition and summons.

What to do when filing for divorce?

You should consider quite a few things under the law before moving forward, including issues such as residency, the minimum separation time, and the waiting period after submitting the divorce paperwork. The rule as regards timing is very crucial and should be considered carefully.

How does it help to get divorced?

It helps if you and your spouse have discussed the divorce in advance and have agreed to have an uncontested divorce. That way, you avoid surprises that could affect the length of the divorce. If you and your spouse agree to all the terms of your divorce before filing, you can minimize the time it takes to finalize the divorce. You also open options like online divorce, which greatly simplifies paperwork preparation.

How long before closing do you have to file paperwork?

File the documents with the court. There are several locations available – choose the one nearest you. Be sure to arrive at least a couple of hours prior to closing to ensure that the staff will have time to process your paperwork before their work day is done.

Is Arizona a no fault divorce state?

Arizona is a no-fault divorce state, which is a big plus if you and your spouse wish to remain amicable throughout the do-it-yourself divorce proceedings. This is because with no-fault proceedings, neither you nor your spouse will be made to drag one another through the proverbial mud to prove wrongdoing in order to get a divorce request gran ted.

FAQ - Divorce

The legal term for a divorce is called dissolution of marriage. The statutes pertaining to dissolution of marriage are found in Arizona Revised Statutes, Title 25. The Arizona Rules of Family Law Procedure list additional procedures and requirements. Your court might have a complete divorce packet.

How does someone file for divorce without an attorney?

The legal term for a divorce is called dissolution of marriage. The statutes pertaining to dissolution of marriage are found in Arizona Revised Statutes, Title 25. The Arizona Rules of Family Law Procedure list additional procedures and requirements. Your court might have a complete divorce packet.

How to avoid going to court for divorce?

You can avoid going to court by signing a Consent Decree of Dissolution of Marriage. We can prepare this document for you, and you and your spouse will both need to sign it. For an additional fee, we can present this document to the judge and get everything signed off and finalized without the need for you to come to court. If you and your spouse have no further issues to discuss and are ready to move on, this is a quick, easy, and convenient way to finalize the divorce.

How much does a divorce lawyer cost?

Going through a divorce can be costly. In fact, the average cost of lawyer fees alone is nearly $13,000. Why spend thousands for dollars when you can spend under $1,000 and get the same services? From document preparation to filing to serving to providing notice to tracking deadlines, we do it all without any hassles. We also offer in-person consultations for those who desire the ultimate in customer service.

What is it called when your spouse doesn't respond to divorce papers?

If your spouse never responded to the divorce paperwork, this is called a default divorce. If you want to get your divorce finalized as quickly as possible (on the 61st day after the service of process), then you will need to go to Default Court. This may seem like an intimidating process, but we make it easy for you.

How long does it take to get divorced in VA?

The first deadline is 20 days after the person has been served (this increases to 30 days if the spouse lies out of state). Your spouse must respond to the paperwork; otherwise, the the divorce can be granted by default. If the spouse was notified va publication, then default occurs 30 days after the first publication.

What is Arizona Statewide Paralegal?

The team at Arizona Statewide Paralegal serves all counties in Arizona and is certified by the Arizona Supreme Court. We are paralegals who are trained at filing the appropriate paperwork and following the correct procedures. We have been helping customers like you with legal documents since 1992.

What happens if a divorce is contested?

If the divorce is contested, this means that one party does not want to get divorced or that the opposing party does not agree with your proposed division of assets and debts or your arrangement for parenting time or custody. The result is that your spouse files a Response to your Petition and pays the appropriate appearance fee to the Court. This could lead to a delay, as there is back-and-forth between the parties as they try to reach a compromise on all the important issues. We are able to help in the event that the parties ultimately come to an agreement. The parties can avoid the hassel of going to trial by signing a Consent Decree of Dissolution of Marriage which is the final order. This final order spells out all of the issues and the agreement is indicated by both parties signature. If they cannot agree, then the case may go to trial and their are trial documents that are required to be prepared and filed in preparation for the trial. This makes the divorce more time-consuming however with our service, the fees will be drastically lower than that of an attorney. If your divorce becomes contested and you no longer wish to represent yourself, consult the representation of an attorney and they may provide you with limited scope representation in order to save you some money.

What to do if you can't locate your spouse?

If you can not locate your spouse or believe he or she may be in hiding to avoid being served with divorce paperwork, do not worry. We will handle the service of process for you. We have to make sure that the other party receives legal notice of the divorce and that the court receives notification that your spouse has been served.

How long do you have to live in Arizona to file for divorce?

Either spouse must have lived in Arizona for at least 90 days before filing. You're required to file for divorce in the county in which you or your spouse resides. If you're unsure where to file your case, you can locate your local county courthouse through the Arizona courts locator. See Ariz. Rev. Stat. § 25-312 (2019).

How Long Does It Take to Get a Final Divorce in Arizona?

However, you'll have to wait 60 days (starting from service of the petition or filing of a joint petition) before you may submit your consent decree and other final paperwork. If you're seeking a default divorce, you'll need to add on another 20-30 days to that waiting period before you may request a hearing. (Ariz. Rev. Stat. § 25-329; Ariz. Rules Fam. Law Proc., rule 45 (2022).)

How many divorce packets are there in Arizona?

You'll find two different divorce packets on the Arizona Judicial Branch website. One is for divorcing couples with children, and the other is for divorcing couples without children. You can also expect to find separate packets for the petitioner (the spouse who is initiating the divorce) and the respondent (the spouse who has been served with divorce papers).

What to do when you decide to end your marriage?

If you've decided to end your marriage, there are many issues you'll need to resolve during the divorce process. For example, if you and your spouse have children, you'll have to decide which parent gets custody, who pays child support, and whether alimony is appropriate. You'll also have to divide your property and debts. You can resolve these issues by a divorce settlement agreement or you can leave things up to a judge to decide.

What happens if you don't serve papers?

If you don't serve the papers on your spouse within 120 days, the clerk of court will dismiss your case automatically. When your case gets dismissed, if you still want to get a divorce you'll have to start the process over. If you're the respondent in a divorce, you also have an important obligation.

How to serve documents to spouse?

You can serve your documents by having a deputy sheriff or a process server (non-party over 18) deliver them to your spouse. You can't deliver the documents personally by hand or by regular first class mail unless your spouse agrees to accept service and signs an Acceptance of Service form.

Where do you serve your spouse in divorce?

If your spouse is appearing pro se (meaning, has not hired a lawyer) in the divorce, then you should serve your spouse directly at his or her home address. Conversely, if your spouse has hired a lawyer you can have the divorce petition delivered to the attorney's office.

What is the divorce process in Arizona?

In Arizona the divorce procedure is called a dissolution of marriage. A dissolution for any married couple will accomplish two things: severing the marital relationship, and dividing assets and debts.

What are the grounds for divorce in Arizona?

Grounds for Divorce. Grounds are legally recognized reasons to get a dissolution and sever the marital relationship. Arizona has what are commonly called no-fault grounds for dissolution. You need to state in the Petition that: “The marriage of the parties is irretrievably broken.”. What is unusual about Arizona is that this is ...

What happens if you don't agree to child custody in Arizona?

According to Arizona child custody laws, if you and your spouse cannot reach an agreement on decision-making and parenting time, you will each need to submit a proposed parenting plan to the judge. The judge will make a decision based upon the following factors:

What happens when a marriage dissolves?

A dissolution for any married couple will accomplish two things: severing the marital relationship, and dividing assets and debts. Additionally, if the couple have been married for a significant length of time and one of them will be unable to be self-supporting, the issue of alimony may arise.

What is alimony in Arizona?

In Arizona alimony is called maintenance. In deciding whether to award maintenance, and the amount and duration, the judge must consider factors (1) through (5) listed above for property division, plus the division of property and other factors the court determines are relevant.

What is property division in Arizona?

In dividing property and debts, Arizona adopts the concept of community property, where property acquired during a marriage is marital property. Generally, each party will keep their “sole and separate” property.

What is the definition of being domiciled in Arizona?

To be “domiciled” requires taking actions indicating an intent to make Arizona your primary state of residence (for example, registering to vote, obtaining an Arizona driver’s license, or registering a car in the state).

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Step 1

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Arizona is a no-fault divorce state, which is a big plus if you and your spouse wish to remain amicable throughout the do-it-yourself divorce proceedings. This is because with no-fault proceedings, neither you nor your spouse will be made to drag one another through the proverbial mud to prove wrongdoing in order to get …
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Step 2

  • Make sure you or your spouse has been living in Arizona (or stationed here as an armed forces member) for at least 90 days. If children are involved and the divorce proceedings will involve the determination of custody and child support arrangements, the children should have lived in Arizona for at least six months before you file.
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Step 3

  • Obtain the summons and preliminary injunction forms. On these forms, you’ll have to provide general information about yourself such as your name, address, telephone number, and other details. You’ll also be required to describe the other party.
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Step 4

  • When filling out a petition for dissolution of marriage, ensure that you choose the right one. There is one version of this form for divorces involving children under 18 years of age and another version for divorces affecting minor children. You’ll be asked to provide a wide range of information on this form, such as details of any property owned, debts, and information about th…
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Step 5

  • There are two notice forms that you’ll have to complete: “Notice for Right to Convert Health Insurance” and “Notice Regarding Creditors”.
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Step 6

  • Make two copies of all forms. The originals are for the clerk. One copy is for your spouse, and the second copy is for your own records.
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Step 7

  • File the documents with the court. There are several locations available – choose the one nearest you. Be sure to arrive at least a couple of hours prior to closing to ensure that the staff will have time to process your paperwork before their work day is done.
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A Do-It-Yourself Divorce Doesn’T Mean You Can’T Get Help

  • Keep in mind that do-it-yourself doesn’t have to mean you can’t get help from someone with experience. If you find any aspect of finding, filling out, and filing these forms confusing, let Affordable Legal Document Specialists help you make the process as simple and inexpensive as possible. . We can help you every step of the way and streamline the process by ensuring that al…
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