how to get a divorce in az without a lawyer

by Maximillian Doyle 9 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?

It starts with one party filing a petition to divorce. The other party is then served the paperwork and can choose to ignore it or respond to it. After the party is served the paperwork, the divorce is finalized in 61 days, providing that both parties agree to the divorce, or it goes into default.

What are the divorce laws in the state of Arizona?

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”.

Who is the respondent in a divorce 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 do I get a divorce without a lawyer?

Filing an uncontested divorce is the cheapest and simplest way to get a divorce. It doesn’t involve mediation, arguments in court, etc. In order to get a divorce in Arizona, one of you has to have lived in Arizona for at least 90 days and if there are children, they have to have lived in Arizona for at least 6 months.

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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 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.

Can you get a divorce without a lawyer in Arizona?

Also, couples who reach a divorce settlement agreement (known as a "separation agreement" in Arizona) often can get through the divorce process without hiring lawyers to represent them. But other kinds of assistance are available for an uncontested divorce.

How much does it cost to file for divorce in AZ?

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

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.

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 file for divorce online in AZ?

There's also an in-between option: filing for divorce online. An online divorce service will provide you with the completed Arizona forms and basically walk you through the process.

What is considered abandonment in a marriage in Arizona?

“Ghosting” is a phenomenon that occurs when someone you know just suddenly vanishes or refuses to respond to your communications without a given reason. When it happens between a married couple, the action of the spouse, who “ghosted” you, is committing spousal abandonment in the State of Arizona.Dec 24, 2019

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 it yourself divorce in Arizona?

Steps for Initiating a DIY Divorce in ArizonaFill out divorce forms.File the documents with the county clerk in your jurisdiction.Serve Forms/ Respond to forms.File proof of service with the court clerk.Comply with Disclosure and Discovery Rules.Wait 60 days after serving the other party.Day in Court/Legal Proceedings.

How do I file for divorce for free 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

Is AZ an alimony state?

Arizona divorce courts have the power to require your spouse to pay alimony to you during or after the divorce (or both) if you establish eligibility. On the other hand, spouses who are capable of living on their own without financial support may not need alimony — known in Arizona as spousal maintenance.

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 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.

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.

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”.

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 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.

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.

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.

1. Check your state's requirements for filing

Check your state laws for any requirements for filing a no-fault divorce. For example, some states require that you and your spouse are physically separated for a period of time before filing. Additionally, your state may require proof of residency before filing for divorce.

2. Complete the no-fault divorce forms

Once you meet your state's requirements for filing, you should complete the applicable no-fault divorce forms, such as the petition for divorce. Contact your local county clerk's office for copies of these forms. Also, ask your local court about the required filing fees.

3. Discover if you have a no-fault uncontested divorce

If your spouse agrees to the terms of the divorce, your case will move through the court system quickly. If you and your spouse agree on provisions like the division of property and child support, your divorce is considered uncontested. You will then enter into a settlement agreement.

4. Determine if you have a no-fault contested divorce

If you and your spouse don't agree to all or some of the terms of the divorce, then you have a no-fault contested legal action. When this happens, you'll need to agree on the disputed issues. If you can't agree, you may need to go to mediation or have a trial. In this case, you may need an attorney to help you navigate this process.

What to do if you are divorced without an attorney?

Although counties and states differ, many County Clerks’ offices offer services regarding basic information required when filing a divorce without the use of an attorney.#N#Although your County Clerk cannot offer legal advice (only a licensed professional such as a paralegal or attorney can provide legal advice), your County Clerk can refer you to correct information regarding your divorce at the law library (if a library is available in your area).#N#If you need to find further information regarding the location of your local court, the hours of operation, and if there are any filing fees, your local clerk can also assist you.

What is the legal process of divorce?

Legal Proceedings of a Divorce: The Division of Property. Regarding the division of property, courts will generally determine the division of property depending on the financial contributions made during the marriage, and concern for the future welfare of the children.

What are the issues in divorce?

Some issues to consider when approaching divorce proceedings on your own are: 1 the division of property, 2 spousal rights and child/visitation rights, 3 pensions, and 4 marital homes.

What happens when children are separated?

When children are at the center of the separation, divorce can become even more complicated. There are matters of children, assets, and the division of property to contend with. During this whirlwind of events, the stress can sometimes become too overwhelming.

How is equalization payment calculated?

An equalization payment is calculated via each party’s economic standing. For instance, a snapshot is taken of the value of the assets that each party owns (on the date of the marriage and again on the date of the separation).

Can a county clerk give legal advice?

Although your County Clerk cannot offer legal advice (only a licensed professional such as a paralegal or attorney can provide legal advice), your County Clerk can refer you to correct information regarding your divorce at the law library (if a library is available in your area).

Is alimony taxable in divorce?

Another issue in regards to taxes is the issue of alimony. Alimony plays a part in tax-filing. For instance, alimony is taxable to the recipient.

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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 i…
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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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