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.
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.
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...
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
Make sure you or your spouse has been living in Arizona (or stationed here as an armed forces member) for at least 90 days.
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.
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.
There are two notice forms that you’ll have to complete: “Notice for Right to Convert Health Insurance” and “Notice Regarding Creditors”.
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.
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.
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.
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.
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.
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.
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.
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 ...
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:
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.
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.
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.
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).
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.
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.
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.
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 ...
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).
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.
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.
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.
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.
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.
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.
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.
This means neither spouse is responsible for the breakdown of their marriage.
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.
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.
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.
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.
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.
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.
Then, your spouse will file an “ Answer ” within 20 days, in most cases, after the service date.
There are several reasons that couples would choose a legal separation over a divorce, and these commonly include religious, moral, and financial reasons.
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 ...
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.
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 .
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 ...
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.
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.
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 ...