Arizona Divorce: What You Need to Know

Divorce, also known as the dissolution of marriage in Arizona, is the legal process for terminating a marriage. Divorce processes differ per state and understanding how it works in Arizona begins with the knowledge of the types of divorce, residency criteria and other requirements allowable in the state.

How Does Divorce Work in Arizona?

To file for divorce in Arizona, it is important to meet certain requirements. Either you or your spouse must be a resident of the state for at least 90 days before filing. For divorcing spouses with kids, the parents must have resided in Arizona for at least six months before the court can decide on custody.

Once the divorce case is filed with the court, the law grants a 60-day waiting period. During this period, the plaintiff serves the defendant with notice of the divorce and gives the court time to finalize the case. Even if both spouses agree on all terms, they must wait for the waiting period to allow the possibility of reconciliation. It's essential to be aware of this fact during a divorce proceeding.

In Arizona, it is not compulsory to prove misconduct to file for a divorce. Once the couple believes their marriage is irretrievably broken, they may proceed to divorce each other. However, if a couple is involved in a covenant marriage, they must establish specific fault grounds, such as adultery, abandonment, abuse, or a felony conviction.

It is vital to note that the duration of the divorce process varies, mainly depending on the complexity of the case. An uncontested divorce may be finalized shortly after the waiting period if the necessary agreements are in place. However, in contested divorce cases, the process may take months due to mediation, hearings, or trials in court.

Types of Divorce in Arizona

In Arizona, divorce may be classified in several forms, depending on the complexity of the case. These include:

• Uncontested divorce: A situation where both spouses agree on all issues related to the divorce. This process is fast and cheap.
• Contested divorce: The couple has disputes over child custody, support, or division of property. These cases often involve multiple hearings and may last longer to resolve in court.
• No-fault divorce: A common type of divorce in Arizona, where divorce is granted once the marriage is deemed irretrievably broken.
• Fault divorce (covenant marriages): This process requires proof of misconduct, which may include adultery or abuse, during the divorce proceedings.
• Collaborative divorce: Here, both spouses and their attorneys work together outside of court to reach a mutually agreeable settlement.

Arizona Divorce Court Process and Forms

Divorce cases are filed in the Superior Court of the county where either spouse resides. The process starts when one spouse, known as the petitioner, files a Petition for Dissolution of Marriage, along with other necessary documents.

These documents may include summons, preliminary injunctions, sensitive data sheets, notices to creditors, notices of right to convert health insurance, and financial affidavits. In Arizona, each spouse must take a parent information program class if they have children as part of their legal obligation to their children.

The plaintiff must serve a copy of the petition to the other spouse, referred to as the respondent. They may employ a sheriff, private process server, or send the documents as certified mail. Respondents, who are residents in Arizona, are required to file a response within 20 days, while those living outside the state have 30 days. In instances where a spouse is unreachable, the court may authorize a publication through a designated newspaper.

In an uncontested divorce, the process is quick and simple, often needing only a brief review or hearing. In a contested divorce, there are scheduled hearings, and judges may require the couple to attend mediation to help resolve custody and other issues. The divorce case is finalized when the judge signs a document called the Decree of Dissolution of Marriage. This document officially terminates the marriage and determines who gets custody of the children and how property will be divided.

City- and County-Level Filing Details

Every county Superior Court in Arizona has its specific guidelines and requirements for divorce cases. Below are filing details for some of the largest counties:

• Maricopa County (Phoenix):
  • Courthouse: Superior Court of Arizona, 201 W. Jefferson Street, Phoenix, AZ 85003.
  • Services: Online filing is available to the public.
• Pima County (Tucson):
  • Courthouse: Pima County Superior Court, 110 W. Congress Street, Tucson, AZ 85701.
  • Services: The court provides online forms for divorce cases and a portal where individuals may find additional information.
• Yavapai County (Prescott):
  • Courthouse: Yavapai County Courthouse, 120 S. Cortez Street, Prescott, AZ 86303.
  • Services: Individuals may pick up copies of divorce forms in the clerk’s office
• Coconino County (Flagstaff):
  • Courthouse: Coconino County Superior Court, 200 N. San Francisco Street, Flagstaff, AZ 86001.
  • Services: Anyone may download forms for the divorce process from the county website.
• Pinal County (Florence):
  • Courthouse: Pinal County Superior Court, 971 Jason Lopez Circle, Florence, AZ 85132.
  • Services: The court provides E-filing information and a Self-Service Resource Center for family-related cases.

How to Search for Divorce Records in Arizona

Anyone may find divorce records in Arizona if they:

• Visit the courthouse: They may request copies of the divorce certificate in person at the Superior Court clerk’s office. They are required to pay for the copies of the records.
• Search Online: The State of Arizona offers a Public Access to Court Information Portal, which allows anyone to search for divorce case information.

Key Points

• In Arizona, divorce refers to the entire process involved in dissolving a marriage and is handled by the Superior Court in each county.
• One spouse must reside in Arizona for 90 days before filing. A 60-day waiting period applies after the notice of divorce has been served on the other party.
• Arizona, as a no-fault state, may require proof of misconduct, especially in divorce cases involving covenant marriages.
• Divorces may be uncontested, contested, or pursued through collaborative means.
• Divorcing couples with minor children are required to attend a parenting class.
• Finally, the public may access most divorce records in the state. They may search for the records online or visit the county Superior Court clerks at their offices.