Get a divorce in arizona

Service of Process

A judicial officer will meet with the filing party on the day that the Petition for Order of Protection is requested. This is a free service throughout the state. Since protocol can change from county to county, you should check with their local court to determine which documents are needed. After the initial filing, copies of all relevant papers must be served to the other spouse respondent , unless the respondent waives service in writing and files that waiver with the court. There are a few things to keep in mind when deciding how to serve someone with divorce papers in Arizona:.

If you, a friend, or family member will be the one serving the respondent with divorce papers, it is essential to confirm that your spouse will comply with the conditions set forth above before obtaining the necessary documents from the Judicial Branch of Arizona. The court must be satisfied that every reasonable effort has been made to locate the other party before allowing service by publication.

The respondent has 20 days to respond if he or she is served in Arizona. If service takes place outside Arizona, then the respondent has 30 days to file a Response. If the respondent fails to file a waiver or Response within the allotted time frame, the spouse who originally filed the Petition for Dissolution of Marriage can apply for a default.

Once a request for default has been filed, the respondent has an additional 10 days to file the Response.

If he or she fails to file the Response, the court has the ability to grant the divorce to the original filing party. This document outlines all agreements and is signed by the judge. If you and your spouse disagree on even a single issue, the judge may have to make a decision on their behalf.

  1. Before You Begin.
  2. What is the Difference Between Legal Separation and Divorce in Arizona?;
  3. purchase only with tax identification number?
  4. Filing for Divorce When Your Spouse is Not in Arizona.

Common areas of disagreement include:. When you cannot agree, one spouse must request a trial. Disagreements lengthen divorce proceedings and depending on the complexity of the case and how busy the court system is, meaning that the divorce could take several months or even more than a year to finalize. If you have children from your marriage, you must follow standard divorce proceedings, plus you must take part in mandatory parent education.

Arizona divorce law mandates that parents may not attend education sessions at the same time. While this class is not meant to prevent the dissolution of marriage, it is designed to provide information about the impact divorce has on children.


Arizona divorce costs vary by county. You are advised to check with their local court to determine how much it costs to file for divorce. The factors to be considered are:. Awards of maintenance are to be paid through the court unless the spouses agree otherwise.

Table of Contents

Maintenance agreements may be made non-modifiable by agreement of both spouses. Alimony awards are not permanent. Unless otherwise agreed in writing or stated in the decree, a spousal maintenance award is terminated upon the death of either party or the remarriage of the party receiving maintenance.

How-to Divorce in Arizona, Response without Minor Children

In Arizona, the court will make child custody decisions solely based upon what is in the best interest and welfare of the child. The court may order sole custody or joint custody. In making a custody decision, the court considers the best interests of the child and the following factors:. If custody is contested, all other issues in the case are decided first. Joint custody may be awarded if the parents submit a written agreement providing for joint or shared custody and it is found to be in the best interests of the child, after a consideration of the factors listed above and the following additional factors:.

How to File an Uncontested Divorce in Arizona: 5 Steps

The Parent Child Access Guidelines outline the minimum frequency and duration that a non-custodial parent is entitled to have the child, unless there are reasons to restrict visitation. After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. At any time after a joint custody order is entered, a parent may petition the court for modification of the order on the basis of evidence that domestic violence, spousal abuse or child abuse occurred since the entry of the joint custody order.

Six months after a joint custody order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order. Support and custody of children are separate issues from each other. In Arizona, either parent may be ordered to pay child support, without regard to marital misconduct, based on the following factors:.

Awards of child support are to be paid through the court unless the spouses agree otherwise. No fault divorce means that you do not have to prove any fault on the part of your spouse. All you have to do is give any reason that the state honors for the divorce. Getting a divorce can be an especially difficult process, both emotionally and legally.

Six Things You Must Know About a Divorce in Arizona | Hildebrand Law, PC

Consulting with an attorney could ease the strain of dealing with both the your spouse and the divorce paperwork; in any event, your estranged spouse likely will have their own attorney. Find your Lawyer Explore Resources For Learn About the Law. Legal Forms.

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