Here’s what you need to know about filing for divorce in Arizona:
Arizona Divorce Requirements
You or your spouse must have lived in Arizona for at least 90 days to file for a divorce. While you do not need to prove a physical separation period to get divorced in the state, your marriage must be irretrievably broken with no chance of reconciliation.
To begin the process of filing for divorce in Arizona, file a Petition for Dissolution of Marriage in the county where you or your spouse live and submit the documents together with the filing fee to the Clerk of the Court. After filing the court documents, you must serve your spouse with the divorce papers.
Types of Divorce and Separation in Arizona
Couples in Arizona have three options to end their marital relationship:
- Divorce. Divorce is the legal termination of a marriage and, in Arizona, typically granted when one spouse declares that the marriage is irretrievably broken.
- Annulment. An annulment declares a marriage legally invalid as if it never existed. Annulments may be granted under specific circumstances, such as fraud or bigamy.
- Separation. While legal separation does not end the marriage on paper, it is often considered a trial period before a divorce or reconciliation. A legal separation in Arizona allows spouses to divide their income, assets and debts and make child custody arrangements.
Are Divorces in Arizona Fault-Based?
Arizona is a “no-fault” divorce state, meaning individuals don’t need to cite wrongdoing or fault as a reason for the marriage break-up. One party declaring the marriage as irretrievably broken is sufficient to be eligible for divorce in the state. Exceptions to the no-fault rule are covenant marriages. Couples in a covenant marriage must show fault-based grounds for divorce, such as adultery, abandonment or substance abuse.
Child Custody, Support and Visitation in Arizona
If you are in the process of getting divorced in Tucson, issues surrounding child custody, support and visitation may be at the forefront of your mind. Here’s what you need to know:
- Child Custody. Arizona law does not favor one type of custody over the other and encourages both parents to maintain ongoing and meaningful contact with the child unless it is not in the child’s best interests.
- Visitation. Under Arizona law, the parent without residential custody generally has rights to parenting time. If the parents cannot agree on visitation matters, a court will decide on appropriate parenting time and schedules.
- Child Support. Child support in Arizona can depend on various factors, including the income of the non-custodial parent, the number of children and the expenses required. Generally, the amount of child support is decided when an Arizona court grants a custody order.
- Spousal Support. Spousal support or alimony is typically ordered when one spouse cannot meet their needs on their own even after the division of marital assets. The amount and duration of alimony in Arizona depends on the length of the marriage, the standard of living during the marriage and other factors.
Property Division in Arizona
Unlike many other states, Arizona follows the community property rule. When you divorce in Tucson, all assets acquired during the marriage are split approximately equally between you and your spouse. Marital property does not normally include assets you held before the marriage or gifts and inheritances received by one of you during the marriage.
When dividing marital property, a court in Arizona may consider various factors, including:
- The length of the marriage
- Each spouse’s contribution to marital property
- The financial circumstances of each spouse
Filing and Serving Your Divorce Papers
You can find and complete the relevant divorce paperwork at the Arizona Judicial Branch website. The key document for filing your Arizona divorce papers is the Petition for Dissolution of Marriage, with or without children. Depending on your specific circumstances, you may also require the following forms and others:
- Family Court Cover Sheet
- Summons
- Preliminary Injunction
- Affidavit of Minor Children
- Sensitive Data Sheet
Note that this is not an exhaustive list. If you’re unsure which documents are required for your divorce, an attorney can help identify and complete the necessary paperwork. Once you have filled in all the forms, you file the paperwork with the Clerk of the Superior Court in Tucson.
Serving Your Spouse in Arizona
The next step after submitting completed divorce forms involves serving your spouse. For this, you have various options, including:
- Acceptance of Service. Acceptance of service involves your spouse signing a receipt of the divorce papers in front of a notary.
- Mail. When serving your spouse with the postal service, use certified mail with a return receipt and retain the receipt so you can prove to the court that you properly served your spouse.
- Sheriff or Process Server. If you submit the paperwork and pay a fee to your spouse’s local sheriff’s office, they will be served by a Sheriff or process server.
Your spouse has 20 days to respond after being served unless they live in another state when they have 30 days. If your spouse fails to reply, you can apply for a default divorce on the 21st or 31st day after serving them.
Finalizing Your Divorce
In Arizona, divorces require a 60-day waiting period from the filing date. Once the waiting period is over, and you and your spouse agree on all issues, you can finalize your divorce by filing a consent decree. However, how long your divorce ultimately takes can depend on factors such as:
- Whether you have children and if you can agree about custody
- The complexity of property and asset division and if you can agree about how to divide it
- Whether support is needed and if you can agree about the amount
Depending on your case, you may or may not be required to attend a hearing before your divorce can be finalized. For example, if you don’t have children and agree on all issues, you can simply submit your documents and wait for the judge to sign the divorce papers. However, if you and your spouse have children, you must attend a divorce hearing prior to receiving a divorce decree.