Divorce is a hard answer to a difficult situation. However, sometimes it is the best option for both parties involved. Arizona divorce laws are pretty straight forward and a divorce can be granted fairly easy.
Filing For Divorce in Arizona
Divorce in Arizona is called Dissolution of Marriage. In order to file for a divorce, one of the married couple must have lived in Arizona for at least 90 days. If the 90 day requirement has been met, one person can file a petition for the dissolution of marriage. Filing should take place with the Superior Court in the county of residence.
The cost to file a Petition for Dissolution of Marriage (as of 2011) is $321.00. If the other party does not want a divorce, a response must be filed with the court within 20-30 days. The cost to file the response is $256.00.
If both parties involved want the divorce, the petition can be filed with both signatures. Without both signatures, one person can file the petition. Then, the document will be delivered by a court process server to the other party. A process server is someone that is licensed by Superior Court to deliver legal documents. The server does not have to obtain the signature of the other party. The server just provides proof that the other person is in acknowledgement of the document. After either filing with both signatures or the petition has been served, there is a 60 day waiting period before the court will take action.
Arizona is a no-fault divorce state. A no-fault divorce is one where no proof of misconduct is required. Basically, if one person wants a divorce, the court will generally allow it. If both parties agree to the dissolution of marriage and there are no children involved, the court will usually grant the divorce very shortly after the 60 days. If children are involved, the residence requirement is generally 6 months with the children living in Arizona as well.
If the divorce is allowed through default, the process takes about 3-4 months. Default means that the other party does not respond to the filing. If both people respond and agree on everything, the process can take under 3 months.
For can find more information on the Superior Court of Maricopa County website here.
Covenant Marriage
The exception to this is the dissolution of a covenant marriage. A covenant marriage is only available in Arizona, Arkansas, Kansas, and Louisiana. The idea behind a covenant marriage is that is designed to strengthen the marriage. Couples seeking a covenant marriage must complete premarital counseling either through their church or a marriage counselor. They also have to sign a declaration stating that they are choosing a covenant marriage. It is harder for a couple to divorce if it was a covenant marriage. Below are the eight reasons that must be proved in court in order to receive a divorce.
- A spouse has committed adultery.
- The spouse has committed a felon and is sentenced to death or imprisonment.
- One of the spouses has abandoned the home (no longer living there) for at least one year.
- The spouse has physically or sexually abused the other spouse, children or a relative of either spouse that lives permanently in the couple’s home.
- The spouses have been living separately for at least two straight years.
- The couple has previously received a legal separation and have been living apart for at least one year.
- The spouse abuses drugs or alcohol.
- Both parties agree to a divorce.
Arizona is a community property state meaning that all the property acquired during the marriage is split evenly between the couple. One item of note is that court will not consider reasons for the divorce as grounds to split the property unequally.
Divorce can be a tough decision and is not meant to be an easy out when the road gets a little rough. However, if both spouses agree and they did not have a covenant marriage, the process for divorce in Arizona can be somewhat quick and painless.
Hopefully the above information gives you a general idea of how to file for divorce in Arizona. Keep in mind that laws do change and this site may not be able to keep up with the changes. You always want to consult with a lawyer or at the least, the court directly for current information.