how to get a legal divorce in arizona without a lawyer

by Prof. Jan Buckridge DDS 6 min read

  • Preparing the document. 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 ...
  • Documents required. Summons: Informs to the respondent that a divorce has been filed and he/she must take action within a particular time period.
  • Filing your forms. When all your papers are ready, make 2 copies of the same. ...

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

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.

Why do I need a divorce attorney in Arizona?

Instead, having someone to guide you through the divorce process in Arizona will be an invaluable resource. A divorce attorney will provide you with the guidance you need to work through the process. He or she can also be a good sounding board for the arguments you want to make and provide sound legal advice.

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...

Can a non US citizen get a legal separation in Arizona?

If a person is not a U.S. citizen, and they get a divorce, they run the risk of deportation. But with a legal separation, a noncitizen can still stay in the country even if they don’t live with their spouse. When a couple is granted an annulment in Arizona, their marriage is considered null and void.

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Can you get a divorce without a lawyer in Arizona?

In Arizona, a large percentage of divorces proceed without either party hiring a lawyer. As Arizona is a no-fault divorce state, couples do not need a specific reason to file for divorce – it is sufficient that the parties do not get along – otherwise known as irretrievable differences.

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.

What is the fastest way to get a 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 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.

How can I get a free divorce 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.

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.

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 do I start the divorce process 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.

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 you get a divorce without the other person signing in Arizona?

In Arizona, you do not have to have a specific reason to get divorced as long as you are in a non-covenant marriage, and the marriage is irretrievably broken.

Can you file for divorce online in AZ?

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.

County websites have the basic information you need to get started on a do-it-yourself divorce in Arizona. These sites link to all the legal divorce documents needed, as well as step by step instructions for the DIY divorce process. But do it incorrectly, and the judge is likely to dismiss the whole case

There are a few things you can do on your own to file for divorce in Arizona as long as you file the correct legal forms for divorce. Here are steps you can take yourself:

Step 1

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 granted.

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.

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.

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.

Step 5

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

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.

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.

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.

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.

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.

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).

How long does it take to get divorced in Arizona?

Arizona law enforces a 60-day waiting period before a divorce can be finalized, even when both parties agree to all the provisions set forth in the Petition. After 60 days , if your spouse has not answered the filing, you can file for a default divorce.

What is a pro bono divorce?

In some cases, what you really need is a document preparation service. This type of service helps DIY-divorce petitioners to fill out their documents properly and file them.

What is the Maricopa County Law Library?

The Maricopa County Law Library Resource Center provides forms and instructions for divorce with or without minor children, as well as forms related to paternity, parenting time, and child support.

What are the two types of divorce?

There are two basic types of divorce: uncontested and contested. In an uncontested divorce, both parties agree to the divorce and agree how marital assets are to be divided and other terms of the divorce (this may also include parenting time for those with minor children). In a contested divorce, the parties cannot reach an agreement ...

How many copies of divorce packets are required?

Information about parenting plans and responsibilities (required for parties with minor children) Three copies of the divorce packet are required: one for the court, one for you (the petitioner), and one for your spouse (the respondent).

Is there a divorce form for 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.

How to get a divorce certificate in Arizona?

To obtain proof that you are divorced, you can also obtain a Divorce Certificate from the Clerk of the Superior Court in the county where the divorce was granted and from the State of Arizona’s Office of Vital Records at your local county health department offices.

How long does it take to serve divorce papers in Arizona?

In Arizona, you have 120 days to complete service of process after you file your papers with the court. How you complete service of process will vary depending on the rules of the county where the divorce is filed. You cannot serve the papers yourself.

How long does it take to respond to a divorce in Arizona?

If the spouse is outside of Arizona, then they have 30 days to respond instead. After a request for default is filed, the respondent has 10 days to file a response or they run the risk that a default divorce will be granted with all of the terms of the petitioning spouse.

How does an uncontested divorce work?

An uncontested divorce works when a couple can agree to work together and find ways to compromise with each other, instead of instilling the divorce process with hate and conflict.

What happens if you get an annulment in Arizona?

When a couple is granted an annulment in Arizona, their marriage is considered null and void. Basically, this means that both people can move forward with their lives as if their marriage never happened. Some people choose this option for religious reasons. For example, the Roman Catholic Church does not recognize divorces and an annulment is the only officially sanctioned way to end a marriage. In some cases, when a Catholic person gets a divorce, they may be denied certain religious rights, and any future marriages will not be recognized because in the eyes of the church, that person will still be considered to be married.

What is a spouse committed adultery?

a spouse committed adultery. a spouse committed a felony resulting in imprisonment or a death penalty. that either spouse abandoned the marital home for at least one year. that a spouse sexually or physically abused the other spouse, a child or a relative of either spouse.

Can a spouse be responsible for the breakdown of a marriage in Arizona?

This means neither spouse is responsible for the breakdown of their marriage.

What does a divorce attorney do in Arizona?

A divorce attorney will provide you with the guidance you need to work through the process. He or she can also be a good sounding board for the arguments you want to make and provide sound legal advice. They will be able to tell you whether what you want to accomplish is possible under Arizona law.

How long does it take to get an uncontested divorce in Arizona?

On average, an uncontested divorce will take between 90 and 120 days. An uncontested divorce is just like it sounds. The couple agrees on every aspect of the divorce.

What is contested divorce in Arizona?

Arizona Contested Divorce. A contested divorce is any divorce where the couple cannot work out one or more issues. It does not necessarily have to be an all-out fight. Family law, including divorce, can be a civil process, even when you do not agree.

Why is it important to settle a divorce?

If you can come to a mutual agreement, a settlement is a good option to speed up the divorce process and reduce the time and effort it takes to present the case to a judge. Out of court divorce settlements are extremely common. In fact, most divorces will end in settlement.

How long does it take to get divorced in Arizona?

Practically speaking, the divorce process in Maricopa County, Arizona will take, in best-case scenarios, at least three months. But, it can take up to a year or longer if there are complicating factors in your situation.

What happens if you cannot work out your case through settlement?

If you cannot work out your case through settlement, then it will proceed to trial. As you and your lawyer prepare for your divorce trial, you will use all of the information gained in the discovery process to build your case.

How long does it take to get an answer from a spouse?

Then, your spouse will file an “ Answer ” within 20 days, in most cases, after the service date.

Why do couples choose legal separation over divorce?

There are several reasons that couples would choose a legal separation over a divorce, and these commonly include religious, moral, and financial reasons.

How to file for separation?

The procedure for filing for separation is basically the same as filing for divorce. In order for your legal separation to go through, you will need to petition the court that you wish to separate. You will need to prepare a summons that will be served to your spouse to officially notify them that you have initiated the legal proceedings ...

What happens if you get separated legally?

If you get a legal separation, you will still be entitled to certain benefits including social security and pensions that provide payments to surviving spouses. If you get divorced, that decision is final.

Is legal separation better than divorce?

Choosing between a legal separation and a divorce is often a matter of personal preference. Some people have religious or personal beliefs that do not allow divorce, so a separation allows them to remain married while being able to live completely separate lives .

Is a separation agreement enforceable?

All orders contained in a legal separation agreement are enforceable and any violation of the agreement can be considered contempt of court. Casey Wagner is a copywriter for A Better Solution, which is an NJ Divorce/Separation Mediation guide created by Steven B. Menack, ESQ., s a highly experienced, fully accredited NJ divorce mediator ...

How long does it take to get divorced in Arizona?

The amount of time that takes to get a dissolution or divorce can vary from case to case. State laws require that you wait 60 days from the date of service before you can proceed with a divorce.

What is the person filing for divorce called?

The person filing for the divorce is called the Petitioner. The person responding to the divorce is called the Respondent. The instructions and forms are broken down into 4 different packets: Step 1 - Introduction and first court papers. Step 2 - How to serve the first court papers.

What is a divorce where the parties have been married for a relatively short period of time?

A divorce where the parties have been married for a relatively short period of time, have no children, and little property or debt can be less involved. A divorce where the parties have been married for a long period of time, where there are minor children, or where there is a significant amount of property or debt to be divided and ...

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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.
See more on azlegaldocuments.com

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…
See more on azlegaldocuments.com

Step 5

  • There are two notice forms that you’ll have to complete: “Notice for Right to Convert Health Insurance” and “Notice Regarding Creditors”.
See more on azlegaldocuments.com

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.
See more on azlegaldocuments.com

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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