Service of process is an essential part of the American legal system because it ensures that everyone has notice about what's going on and an opportunity to "appear," or argue, their point of view. 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.
Otherwise, you may arrange have a deputy sheriff or other authorized process server deliver the papers personally. Or you may send the documents by mail or national courier service, as long as it requires a receipt signed by your spouse.
Ask the court clerk about special procedures if you aren't able to find or serve your spouse by the normal means, or if your spouse is incarcerated or out of the country. Rules Fam.
Law Proc. Note that these service requirements won't apply in Maricopa County if you and your spouse filed for a joint petition and response for a summary consent divorce. Otherwise, you should serve the papers as soon as possible in order to move your case along. If you don't file proof of service with the court within days after filing the petition, your case will be dismissed—and you'll have to start all over—unless a judge extends the time for a good reason.
Typically, your spouse the "respondent" has 20 days to file a response to the divorce petition after being served or 30 days if served out of state. Without a response, the petitioner may be able to get a default divorce decree —which will usually include everything requested in the petition. If you're pursuing an uncontested divorce in some Arizona counties, there might be no need for a response to the petition.
Check your county's instructions for details. Depending on the issues and agreements in your divorce, both you and your spouse might need to file an Affidavit of Financial Information and exchange certain documents about your income, assets, and debts. If child custody is an issue, you'll also have to include information about recent treatment for substance abuse, anger management, or domestic violence, as well as any protective orders or criminal charges involving a household member.
These disclosures must be served within 40 days after the response to the divorce petition was filed or after a joint petition for a summary consent decree divorce was filed in Maricopa County , unless you and your spouse have a written agreement to waive the requirement.
If you have minor children, you will also have to complete a parenting education class unless the judge decides it wouldn't be in your best interests or that of your children. The process for getting your final divorce in Arizona will depend on your county and whether your case is contested or uncontested.
In counties that have a process for divorce by consent decree, you may be able to get your final divorce decree without having to attend a hearing. However, you'll have to wait 60 days starting from service of the petition or filing of a joint petition before you may submit your consent decree and other final paperwork.
If you're seeking a default divorce, you'll need to add on another days to that waiting period before you may request a hearing.
With a contested divorce, the process could take much longer, because you'll need to go through the " discovery " process to gather evidence including reports from experts like child custody evaluators or appraisers.
There may also be various court hearings along the way before you get to the trial itself. The "Self-Service Guide for Divorce Cases," from the Arizona courts, also provides extensive information about representing yourself in a divorce case. If you need legal assistance but can't afford standard attorney's fees, you may apply for legal help through AZLawHelp.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. 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. Marital misconduct is not considered in the division of property.
A special note as to the debts and creditors will be provided by statute and must be included with any materials served to the respondent. Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unforeseen expenditures. Lengthy and expensive option. Fully-guided, fast and affordable process.
Experienced and reliable online divorce service using top-notch technology. Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.
Before filing for divorce, either spouse can ask the court to order mediation for reconciliation or amicable settlement of the controversial divorce issues out-of-court. After a divorce has been filed, either spouse can request that the dissolution of marriage proceedings be transferred to the conciliation court for mediation. Official forms for this request are available from the clerk of any Superior Court. Additionally, if one spouse denies that the marriage is irretrievably broken, the court can delay the case for up to 60 days and require the spouses to attend a conciliation conference.
Finally, there is a required delay of 60 days after the service of papers on the respondent spouse for all divorces [Arizona Revised Statutes; Title 25, Chapters , , , and For those seeking to prepare their divorce papers using OnlineDivorce. This can be the simplest way to assure a fast, easy and affordable online divorce.
Arizona forms produced by OnlineDivorce. 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. Get your completed divorce forms and save thousands in legal fees. When an individual files divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce. Clients must check with their local courthouse to determine the exact amount.
Use of the OnlineDivorce. Clients start by filling out a questionnaire and can either complete it in one sitting or save their progress and complete it at a later date. More information regarding the finalization of the divorce case is provided once the paperwork has been completed and submitted to the court.
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 obtain a divorce. Thus, the responsibility for arranging the process and deciding whether or not to hire legal representatives rests entirely with the parties. However, law experts typically warn against such a 'DIY' approach when a contested divorce is at issue or if the spouses have not yet reached an agreement concerning marital property, child-related matters, or finances, i.
In contrast, the spouses who do not contest the case can often handle a divorce without a lawyer, saving considerable sums. The same rules govern a Pro Se divorce the legal definition for a DIY divorce as a legally-assisted proceeding. The self-represented litigant has to take the same steps attorneys typically do to manage the process.
Therefore, the parties who would like to handle a divorce without a lawyer should get the needed information and legal forms and then complete and file them following the Arizona rules of family law procedure. All the other costs mainly depend on whether the spouses decide to handle a divorce by themselves or hire specialists, like attorneys, counselors, mediators, appraisers, coaches, and others.
An average uncontested divorce is considered more affordable than the average contested legally-assisted process. However, lawyers' fees also vary greatly, so it is hard to evaluate the potential expenses without considering the particular divorce case and its peculiarities.
The spouses must start a divorce action where they currently live, not where the marriage occurred. Arizona laws establish the specific residency requirements the couple needs to meet to apply for divorce within the state.
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. 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, the defendant has twenty days to file a response to a petition for divorce. Filing the response allows the defendant to put forward their demands and protect their interests in a divorce proceeding.
If they do not respond within the established time limit, the plaintiff may request a default judgment by the court. Even though the spouses are not required to hire high-priced attorneys and have the right to handle their divorce without legal assistance, they still have to pay a court filing fee to start the action.
Thus, in theory, an entirely free divorce is only available for plaintiffs who not only arrange a do-it-yourself divorce but, along with it, are eligible to ask the court for a fee waiver due to financial hardship. To apply for a fee waiver, the plaintiff needs to disclose their financial information to prove to the court their inability to pay and complete the Request to Waive Court Fees form.
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With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized, including:. In rural areas, attorneys may charge less. At first glance, using such sites may look like an easy way to go, but it may turn into additional headaches for you. Some of the issues you may experience when dealing with basic online divorce tools are:. Did you know that some online divorce providers have virtual addresses in the US because they are based in other countries?
No wonder some clients are provided with outdated divorce forms that will be rejected by the court. The result? Those people lose their time and money because these unprofessional services do not keep their state forms up-to-date.
Beware of fake reviews: with no experience and lack of quality service, some sites post reviews by non-existent "customers". See if you Qualify Do you know the location of your spouse? The court will sign the consent decree and the process of divorce will be complete without your spouse or you appearing in court. If your spouse and you are not able to reach an agreement on the various issues and any one of the spouses has not defaulted, the issues will be presented to the judge at court at a trial by both spouses.
After listening to the testimony of the witnesses, the judge will review all the evidence used by your spouse and you at the trial. After this, the court will issue orders deciding on the unsettled issues between the spouses. Once the final terms of the divorce are decided by you or the judge, a signed copy of the divorce judgment will be issued by the judge. There are hundreds of forums on the web that are either updated and will waste a lot of your time by getting your divorce papers rejected by your local city clerk.
Requirements for Divorce in Arizona Arizona is a no-fault divorce state. This essentially means that both your spouse and you are not required to prove any fault or grounds for the divorce. For divorce in Arizona, either spouse must state that their marriage is broken irretrievably without any prospect of reconciliation.
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 the judge will approve your divorce. If the marriage is a covenant marriage, then the grounds for the dissolution of the marriage are: Abandonment.
Physical or sexual abuse. Alcohol or drug abuse. If your spouse and you have been living separately and apart continuously for a minimum of 2 years without reconciliation. If your spouse and you have been living separately and apart continuously for a minimum of 1 year without reconciliation from the date that the legal separation decree was entered. Both spouses agree to the dissolution of their marriage.
Step 1: Starting the Arizona divorce process 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 sources. There are two types of divorce packets available Divorce without children and divorce with children.
Preliminary Injunction: Stops both the spouses from performing certain actions i. Right to Convert Health Insurance: Your spouse and you have the right to convert health insurance and they should get a notice about their rights and responsibilities regarding any health insurance that both of you may share.
Notice to Creditors: This advises your spouse and you about your rights and responsibilities of each of you regarding the debts acquired by you during marriage. In the case your spouse and you have children, the following forms must also be filed. The documents must be served through: The deputy sheriff Process server Certified mail with a return receipt, if your spouse resides outside the state If you are unable to locate your spouse or your spouse is in jail or in the military, then different service rules may be applicable and you must check with the court clerk for more details regarding the service in these cases.
Read now. Step 3: Decide whether your divorce will be Contested or Uncontested Contested divorce A contested divorce is where both spouses do not agree on the various issues of the divorce such as division of property, child custody, etc. Uncontested divorce An uncontested divorce on the other hand essentially means that your spouse and you agree to end the marriage and also agree on various issues such as property and debt division, child custody, support and visitation, spousal support and amount, etc.
Step 4: DIY or hire an attorney? DIY Divorce slowest but cheapest If your spouse and you agree on all the issues regarding the divorce, if the property to be distributed is minimal and you do not have children, then you can opt for a DIY divorce. Hire a lawyer longer and pricy If your spouse and you are not able to agree on the main issues of your divorce, then your case will go to trial in court, where it will be heard by a judge and the judge will decide on the various issues.
Step 5: Resolve the major issues Property division Arizona follows community property laws. That the marriage lasted for a long duration. Child support The are 2 types of legal custody in Arizona — sole legal custody and joint legal custody. Step 6: Finalizing your Arizona divorce When you are filing for divorce and have served your spouse and in turn, your spouse has filed a response to the Petition for Dissolution of Marriage, both parties can submit a consent decree to the court, which has all the agreements of both parties.
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