how to proceed with a divorce in arizona without a lawyer

by Ms. Lysanne D'Amore 6 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?

How can I file for divorce in Arizona without a lawyer? There are several mandatory stages of getting a divorce in the state of Arizona: The spouse initiating the case (the plaintiff) shall fill out the Petition for Dissolution of Marriage and the other initial divorce forms and file them with the Superior Court’s Clerk.

Why do I need a divorce attorney 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. While getting divorced without attorneys may be fine for some divorcing couples, it is a risk that you …

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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 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 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 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.

Who pays divorce attorney fees in Arizona?

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 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

Does it matter who files for divorce first in Arizona?

From a purely legal standpoint, it generally does not matter who files for a divorce first in Arizona. However, from a personal standpoint, it may, depending on the situation and the needs of those involved.Apr 10, 2017

How long after filing for divorce do you get served?

The papers will be issued by the court then posted directly to your spouse at the address for service provided. It then takes the court about 2 – 3 weeks to issue and serve the petition on your spouse.Sep 23, 2020

Who gets the house in a divorce in Arizona?

Community property law requires divorcing couples to equally most of their assets. In Arizona, generally speaking, a house is considered community property if the spouses acquire it during marriage.

Can I really file for divorce in Arizona without a lawyer?

Regardless of the type and circumstances of a particular case, Arizona family laws do not require the spouses to be represented by a lawyer to obta...

How can I file for divorce in Arizona without a lawyer?

There are several mandatory stages of getting a divorce in the state of Arizona:The spouse initiating the case (the plaintiff) shall fill out the P...

How much does it cost to get an uncontested divorce in Arizona?

The expenses associated with any dissolution of marriage in the state of Arizona start with the court filing fee (which is about $300, slightly var...

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

The spouses must start a divorce action where they currently live, not where the marriage occurred.Arizona laws establish the specific residency re...

How long do you have to respond to divorce papers in Arizona?

Once served with the copies of divorce papers, the defendant has to file their response with the court, keeping a deadline.In the state of Arizona,...

How do you get a free divorce in Arizona?

Even though the spouses are not required to hire high-priced attorneys and have the right to handle their divorce without legal assistance, they st...

What papers do I need to file for a divorce in Arizona?

The most common legal forms usually required to be filed to start an uncontested divorce in Arizona include Petition for Dissolution of Marriage, S...

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.

What information do you need to get a preliminary injunction?

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.

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.

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 to get divorce in Arizona?

There are several mandatory stages of getting a divorce in the state of Arizona: The spouse initiating the case (the plaintiff) shall fill out the Petition for Dissolution of Marriage and the other initial divorce forms and file them with the Superior Court’s Clerk.

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

Under the Arizona Statutes, at least one of the spouses must be a state resident and live in Arizona for at least ninety days before filing for divorce.

What is no fault divorce in Arizona?

No-fault divorce is where the dissolution takes place without any wrongdoing from either party. In Arizona, that means an irretrievable breakdown of the marriage [Arizona Revised Statutes; Title 25, Chapter 312]. Typically, this would be the only recognized grounds for the dissolution of a marriage in Arizona.

Does Arizona have child support?

Arizona’s standard child support rules and regulations can and do apply in almost every divorce case, barring extraordinary circumstances. Both parents’ gross incomes and some child-related expenses will be considered when calculating child support.

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

In the state of Arizona, the defendant has twenty days to file a response to a petition for divorce.

Is Arizona a community property state?

Arizona is a “community property” state. Separate property is retained by the owner of the property. Community or marital property (which is property obtained during the marriage) is divided and awarded on an equal basis.

Is Arizona divorce court approved?

Arizona forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties that may occur with filling out the paperwork alone. By utilizing OnlineDivorce.com, clients can streamline the process of preparing divorce documents to help both parties move forward with their lives.

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Step 1

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 determ...
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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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