Filing for a No-Fault Divorce? Arizona Law and DoNotPay Can Help You!
Once you and your spouse have decided on a divorce, you want things to move as quickly, cheaply, and painlessly as possible. As a resident of Arizona, you can take advantage of state law to achieve exactly that outcome.
Looking for a no-fault divorce? Arizona makes it possible, and DoNotPay is here to show you how!
Arizona—like most U.S. states—is a no-fault jurisdiction, meaning that you don’t have to prove your spouse did anything wrong to get a divorce. All that is needed is for you and your spouse to attest to irreconcilable differences that make it impossible to carry on with the marriage.
You or your spouse must have been a resident of the state for at least 90 days before the divorce petition is filed.
By Arizona law, you and your spouse don’t have to be legally separated before filing for divorce.
For the divorce to be considered uncontested, you and your spouse will need to agree on the following:
- The division of assets and liabilities
- Child custody, support, visitation, and parenting plans
- Division of any shared business interests
If you can reach an agreement on all of these points, there are no other restrictions to get in the way of your no-fault divorce in Arizona. The process can be completed quickly and efficiently without you paying a small fortune.
- File a petition for dissolution
- Serve the divorce papers
- Prepare a settlement agreement
You need to file a petition for dissolution with your local county court. The document needs to include the following details:
- Your and your spouse’s names as petitioner and respondent
- A statement confirming the irreconcilable differences
- A list of all your joint and individual assets, liabilities, income, and expenses
Your local county court should be able to provide you with standard forms for you to fill out.
Once you have filed the divorce papers with the court, you should arrange for them to be served on your spouse.
The process of servitude entails having them delivered by a sheriff or process server, who will obtain a signature as proof that they have been received.
Your spouse has 20 days to respond to the servitude, with the following possible outcomes:
|Default judgment||If your spouse does not respond within the required 20 days, you can ask the court for a default judgment, in which your assets and liabilities will be divided according to your wishes|
|Consent decree||Your spouse can respond within 20 days, signifying that they agree to all the terms of your divorce settlement agreement. The court will then accept this and grant the divorce. In such cases, you will not have to attend any court hearings, and the divorce is effectively granted as an out-of-court settlement|
|Conciliation court||If your spouse agrees in principle to the divorce, but you cannot reach a consensus on some of the details of the settlement, the judge may send you to a conciliation court. A state-appointed mediator will help you and your spouse reach an agreement|
The most important document in your uncontested divorce is your divorce settlement agreement. You can prepare it either before filing your petition or in the vesting period after the papers have been served on your spouse.
The agreement sets out what should happen to your joint responsibilities, assets, and liabilities after the divorce has been granted.
The judge will scrutinize your settlement agreement to make sure that
- Alimony is fair and equitable
- Childcare and custody plans are in the best interests of the child or children
- All the assets and liabilities have been divided acceptably
If the judge is happy with your settlement agreement, your divorce will be granted without the need for a court appearance. This type of friendly divorce can usually be granted within 60 days of the petition being filed.
You have several options for getting your divorce settlement agreement drawn up, as follows:
- Lawyer—a lawyer is the default choice but may be unnecessary if you and your spouse have agreed on all the major aspects of the settlement
- Online—many websites offer online templates, but you should exercise caution as many of these are not valid in AZ or don’t cover all the bases
- County court—your local county court may be able to provide templates, but you may find them so complicated that you need a lawyer to fill them out correctly
DoNotPay can combine the advantages of a lawyer with the convenience of an online service—our customizable settlement agreement is fast, comprehensive, and watertight!
DoNotPay is here to help you through the traumatic process of divorce—we want to make it as fast, effortless, and inexpensive as possible!
Our Divorce Settlement Agreement product is easy to use and covers all the bases—you will get an agreement that will help your divorce progress as smoothly as possible without the expense of a lawyer!
Here’s what steps to follow to get your tailor-made agreement:
- Sign up with DoNotPay in your web browser
- Click on our Divorce Settlement Agreement feature
- Give us the details you want to be included in your agreement
Once you have filled in all the details you need, you and your spouse can sign the settlement agreement and have it notarized. If you are unsure where to find a notary in your area, DoNotPay has that covered—use our online notarization service to get the job done from home!
DoNotPay can help if you are looking for information on particular counties in Arizona. Here are a few examples of county information we can provide:
Although certain tasks require you to get a lawyer’s assistance, you don’t have to spend hundreds of dollars for their service. With DoNotPay, you can avoid figuring out the legal jargon and have peace of mind dealing with bureaucratic tasks the easy way.
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