Do You Want to Get Divorced in AZ? Here's How!
Arizona recognizes “no-fault” divorces, so if the gap between you and your spouse has become too wide, a divorce doesn’t need to be a daunting prospect!
Arizona refers to a divorce as a dissolution of marriage, and anybody who is resident in the state for 90 days or more can apply to have their marriage dissolved under Arizona law.
The process of filing for dissolution is as follows:
- File a petition for dissolution
- Serve notice on the respondent
- Wait for a court hearing or draw up a settlement agreement
One of the spouses needs to file a petition for dissolution with the superior court of the county where they live.
The petition should list:
- Your name as the petitioner, your spouse’s name as the respondent, and the name of any children or dependents in the marriage
- A statement that the marriage is irretrievably broken
- A list of the assets, liabilities, income, and expenditure held jointly by you and your spouse
You don’t need to state a reason for seeking a divorce unless your marriage is a covenant marriage. This is a specialized form of marriage in Arizona that regards the partnership as a life-long commitment. This type of marriage can only be dissolved under extreme circumstances, such as:
- Conviction of a felony with a sentence of death or a jail term
- Physical or sexual abuse
- Two years or more of living separately
- Drug or alcohol abuse
- Mutual agreement to end the marriage
If you are in a regular marriage, the process is much simpler.
You have to deliver a copy of the petition to the respondent, and they must sign that they have received it.
The respondent has 20 days in which to respond to the petition if they are in Arizona (30 days if they are elsewhere). If no response is received within that time, the petition is classified as uncontested.
Once notice has been served and the response time has elapsed, the superior court will decide on the best course of action. The options are as follows:
|Default judgment||If the respondent does not answer the petition within the prescribed time, the court may decide to grant any demands made in the petition and to divide up the assets and liabilities from the marriage|
|Consent decree||If the respondent agrees with all the terms of the divorce, you can avoid court proceedings altogether. The court will make sure all the necessary uncontested divorce papers have been signed and will dissolve the marriage. This is similar to an out-of-court divorce settlement in other states|
|Conciliation court||If you and the respondent cannot agree on a settlement, or if elements of the settlement agreement are still under discussion, the court can refer your case to a conciliation court. This is a branch of the superior county court that offers mediation and conciliation services to help divorcing spouses reach an amicable agreement on the terms of their divorce|
The court’s decision on which course of action to take will depend on you and your spouse agreeing on a divorce settlement.
A divorce settlement agreement is a document that states how your joint assets, liabilities, income, and expenses should be divided after the divorce.
Have you and your spouse reached an agreement on all the aspects of your divorce? A settlement agreement that’s signed by both of you and notarized will allow the court to grant your divorce without a court appearance.
Your options for getting a divorce settlement document drawn up are as follows:
|Sources for a Settlement Agreement||Explanation|
|Lawyer||Engaging a lawyer to draw up your settlement agreement can quickly become expensive. If you and your spouse agree on the terms of the divorce, a lawyer is unnecessary|
|Online||Several websites offer templates for you to fill out yourself. While this is a convenient option and cheaper than a lawyer, many of these forms are invalid due to using the wrong terminology for Arizona’s laws|
|Clerk of the court||The clerk of the court where you file your petition may be able to supply Arizona divorce papers, but they are often so complicated that you end up hiring a lawyer to decipher them|
None of these solutions is optimal, but DoNotPay has an option that ticks all the boxes. We can generate a tailor-made divorce settlement agreement for you that does the job with fairness, without a lawyer, and with minimum expense!
DoNotPay knows how difficult a divorce can be, so we are committed to helping ease your burden as much as we can.
With our Divorce Settlement Agreement feature, you can create a custom agreement online in a matter of minutes. Here’s what you need to do:
- Sign up with DoNotPay in your web browser
- Go to our Divorce Settlement Agreement product
- Follow the on-screen prompts and give us the details you want to be included in your agreement
We will handle the rest—all you need to do is print out your custom agreement, sign it together with your spouse, and have it notarized. Your divorce can proceed without a hitch. To take advantage of this fantastic tool, you and your spouse must agree on all terms and opt for an uncontested divorce in AZ.
DoNotPay has a wealth of information on divorce in Arizona, including help on:
- Time before a divorce is granted
- Quick divorces
- Legal separation vs. divorce
- Divorce costs
- Specific information for Maricopa County, Yavapai County, and Pinal County
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