how to get a divorce in arizona without a lawyer

by Audie Muller 4 min read

In most Arizona counties, the petitioner must serve the respondent with the divorce papers. If your spouse is cooperating with an uncontested divorce, the easiest way to do this is simply to mail or hand over the copies and have your spouse sign an Acceptance of Service form (in front of a notary).

How do I file for divorce in Arizona without an attorney?

AZ Statewide Paralegal is an affordable legal document service that is familiar with the local laws regarding divorce. For just $375 (without children) or $400 (with children), plus fees, you can get all aspects of your divorce handled without the drama. All it takes is four steps. Contested vs. Uncontested Divorce

How do I get a divorce without a lawyer?

Feb 25, 2022 · To start the process of divorce in Arizona without involving a divorce attorney, you need to fill out the necessary forms, which are available online through numerous sources. In the state of Arizona, the spouse initiating the divorce proceedings is referred to as the “petitioner” and the spouse being served the divorce papers is referred to as the “respondent”.

How does divorce work in Arizona?

Online Divorce Without a Lawyer in Arizona Simply complete your divorce documents using our online questionnaire system. Once you finish answering the questions, we’ll provide more detailed information for court filing. File the filled divorce papers with your local courthouse.

How much does it cost to file 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.

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

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.Nov 13, 2019

How much does it cost to file for divorce 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.Jun 13, 2018

How can I get a quick divorce in Arizona?

If you and your spouse do not agree on all of the issues in your divorce, the only practical way to get a quick divorce in Arizona is to hire a mediator or arbitrator to get you divorced fast.

How can I get a free divorce in Arizona?

Free DIY Arizona divorce forms It is possible to complete your own divorce for just the cost of filing fees and paperwork. 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.Jan 15, 2020

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 You Do Your Own divorce in Arizona?

An experienced Arizona family lawyer should understand how it all works and what's best for you. Do-it-yourself (DIY). In many cases, you can handle the divorce yourself by getting the forms, filling them out, filing the paperwork in court, and following through with the next legal steps.

Can you get divorced 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 a judge deny a divorce?

Thus, the courts can deny you a divorce if the judge is convinced you haven't sorted all your kid's custody issues. Not proving at-fault divorce – If you stated fault-based grounds for divorce, such as adultery, and you failed to sufficiently support these claims with evidence, the court can deny your divorce.Mar 21, 2021

Do I have to go to court for uncontested divorce?

An uncontested divorce is a divorce that is not being defended by the respondent. It is usually a relatively straightforward process and can be dealt with by the court on paper, so there will be no need to attend court.May 11, 2021

What is a Uncontested divorce?

An uncontested divorce means that both spouses agree on all of their divorce-related issues. Each state has specific legal requirements that spouses must meet before they can proceed with an uncontested divorce.

What is legal separation Arizona?

How is legal separation different from divorce in Arizona? When an Arizona legal separation is finalized, spouses will likely have ended their community property relationship, financially separated, and live apart. However, they are still legally married, where divorced spouses are no longer legally married.

How do I serve divorce papers in Arizona?

When it's time to serve divorce papers in Arizona, the options include:Service by acceptance, which involves giving or mailing the divorce papers to the other party. ... Service by a sheriff, in which a sheriff will serve the divorce papers to the other party.More items...•Feb 26, 2018

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.

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.

How long does it take to get divorced?

In an uncontested divorce, everything can be finalized in as little as 61 days from the date the other party is served. The process may take longer if either party is contesting the divorce or there are issues that cannot be settled in that amount of time.

Is it easier to divorce if you are on board?

If you are considering divorce, it is much easier if your spouse is on board. When you both are in agreement, the process is often quicker and less expensive than a drawn-out, contentious battle.

Is divorce scary?

The thought of a divorce can be scary, especially for those who have never been through the process before. Lawyers, courtrooms, arguing—there is so much drama involved. While a dramatic divorce case is what is often portrayed in the media, it does not have to be that way for you.

How to get divorce in Arizona without a lawyer?

To start the process of divorce in Arizona without involving a divorce attorney, you need to fill out the necessary forms, which are available online through numerous sources. In the state of Arizona, the spouse initiating the divorce proceedings is referred to as the “petitioner” and the spouse being served the divorce papers is referred to as the “respondent”.

What are the grounds for divorce in Arizona?

ARIZONA GROUNDS FOR DIVORCE. The “no-fault” grounds for a divorce in Arizona are that the marriage is broken irretrievably and there is no prospect of a reconciliation. If the marriage is a covenant marriage, then the grounds for the dissolution of the marriage are: Abandonment. Adultery.

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

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. Any children belonging to your spouse and you should have resided in ...

What is community property in Arizona?

Arizona follows community property laws. Community property is all the property acquired by both spouses during the marriage and is equally owned by both spouses. Community property is usually divided equitably during a divorce. Any property that is owned by one spouse before marriage or received by a spouse during the marriage as an inheritance ...

How long do you have to live in Arizona to get divorce?

Any children belonging to your spouse and you should have resided in Arizona for a minimum period of 6 months before the court has the judicial authority to pass judgment regarding child custody and parenting time. From the time that you file your petition for divorce, there is a waiting period of a minimum of 60 days before ...

What is the legal custody of a child in Arizona?

The are 2 types of legal custody in Arizona – sole legal custody and joint legal custody. In the case of a joint custody, both parents have equal say in making major decisions affecting the child including educational and medical decisions. In the case of sole custody, the parent with the custody can make these decisions pertaining to the child without consultation with the other parent.

How long does it take to serve a petition in Arizona?

According to the Arizona law, as a petitioner, you have a maximum of 120 days to serve the papers to your spouse and if this is not done within 120 days, then your case will be dismissed by the court clerk automatically and you will have to start the entire process afresh.

What is divorce in Arizona?

Divorce is a court process to legally end a mar-riage. In Arizona a divorce is called a "dissolu-tion of marriage." In addition to ending themarriage, a divorce may also deal with howproperty and debts of the spouses are dividedbetween them and whether one spouse shouldpay support (alimony) to the other. If childrenare involved, a divorce also resolves custody,parenting time and child support issues.

How long does it take to get divorce in Arizona?

Under state law (section 25-329, Arizona RevisedStatutes), a divorce cannot be granted by the courtuntil at least 60 days after the first court papers aredelivered to the other spouse. If the spouses are inagreement about getting a divorce and other issues(such as how to divide property and debts), thedivorce can be finalized soon after the 60-day wait-ing period is over. If the spouses are not in agree-ment on how to settle all issues, the time it takes willdepend on how complicated the issues are and onthe court’s schedule.

How long do you have to live in Arizona to get custody of your children?

Before starting the court case, either the hus-band or wife must have lived in Arizona for atleast 90 days or have been a member of thearmed forces stationed in Arizona for at least90 days. Unless Arizona was the last statewhere you lived togetherwith your spouse,issues regarding custody of children mayrequire a longer residence time in order todeal with those issues.

What is a hearing in Arizona?

A court session called a "hearing" is scheduledbefore a judge or commissioner of the court at aparticular time at the courthouse for the court toobtain the necessary information . The Petitionermust appear before the court to give information oranswer questions. Usually the hearing is brief andinformal. If a person does not have an attorney, thejudge or commissioner asks questions about thePetitioner’s residence in Arizona, the breakdown ofthe marriage, property and financial support issues.If children are involved, the court will also inquireabout custody, parenting time and child support.

What is the respondent in an adivorce case?

In adivorce case, the person who starts the court caseby filing the Petition is called the "Petitioner." Theother spouse is called the "Respondent" becausethat spouse can file a paper answering the Petitionthat is called a "Response."

How long does it take to file a response to a summons?

There is a time limit for filing the Response. Courtrules provide that the Response must be filed with-in 20 days of the date that the Summons andPetition are served on the Respondent, or within 30days if service is made on the Respondent outsidethe state.

What is summons in divorce?

The Summons is the official court paper that tellsthe other spouse that a divorce case has been start-ed and that some action must be taken if the otherspouse wants to be heard by the court. It also tellsthe spouse that there is a time limit in which to act.The Summons must be signed and stamped by theClerk of Superior Court to be official. The divorcecase cannot go forward until the Summons (with thePetition and other papers) is deliveredto the spousein the proper way.

How Much Does a Divorce Cost in Tucson?

Compared to other states, a divorce in Tucson, Arizona is inexpensive. To start the divorce process, the spouse who wants the divorce would have to file a petition through their local branch of the Arizona Superior Court at which point there would be an initial fee of $216 to submit – additional fees may apply depending on your county.

Uncontested Divorce Law Firm in Tucson

There are two different types of divorce that one can get in Tucson – a contested divorce or an uncontested divorce. An uncontested divorce is the best route that a married couple can take to get divorced. Spouses can file for an uncontested divorce if there are mutual agreements and no disagreements regarding the terms of divorce.

The Family Law Attorneys at Elkins & Muir, PLLC serve clients in the Tucson area

Filing for a divorce can be a lengthy process that can be emotionally challenging for the spouses as well as the children if there are any. It involves filling out divorce forms, paying for divorce fees, and possibly going to family court.

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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 Ariz…
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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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