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The Arizona Divorce Process Simplified

• Before you begin the Arizona divorce process, make sure you qualify:Have you and/or your spouse resided in Arizona for the past ninety (90) days?

If you and your spouse have minor children common to the marriage, have they resided

in Arizona for the past six (6) months?

Do you believe that your marriage is irretrievably broken, meaning that you and your

spouse cannot make your marriage work?

• If you answered yes to all of the above, you qualify and can proceed.

File Petition for Dissolution of Marriage

• When you file your Petition, you will need to pay the Court’s filing feE

• The divorce case is opened, the Court assigns a case number and Judge.

• The person filing the Petition is named the Petitioner. The non-filing spouse is named the Respondent.

Process Service• Once the Petition for Dissolution has been filed, you have 120 days

to serve your spouse/the Respondent.

• Service on your spouse can be completed by one of these methods:1. Your spouse can accept service of the divorce documents. This is most common

if you are divorcing via consent or have an uncontested divorce.

2. Hire a professional process server to serve them.

3. Send the divorce documents to your spouse via certified mail, which they must sign for.

• If you cannot achieve service by one of these methods, you must receive permission from the Court to serve your spouse by publication.

After Process Service is Complete• Once service is complete, you must file proof of service with the

Court.• If there are minor children common to your marriage, both you

and your spouse must separately attend a mandatory parenting class.

• Your spouse has 20 days (if served in AZ) and 30 days (if served outside of AZ) to file a Response to your Petition.

Types of Divorce

• If you and your spouse are in agreement regarding each and every aspect of the divorce, you are divorcing by consent.

• If you and your spouse do not have an agreement regarding your divorce and they do not file a Response to your Petition, you are divorcing by default.

• If your spouse files a Response disagreeing with your divorce Petition, you have a contested divorce.

Divorce by Consent• If you and your spouse are in agreement regarding each and every aspect of

the divorce, you are divorcing by consent.

• Your spouse does not need to file a Response to your Petition. However, the Response filing fee must still be paid to the Court.

• A Consent Decree of Dissolution of Marriage containing your agreements regarding each and every aspect of the divorce must be drafted and you must each sign off on it before a notary. • If you have minor children in common, a Parenting Plan, Child Support Worksheet and

Child Support Order must also be prepared and signed.

• You must wait sixty (60) days following the date your spouse was served before submitting your Consent Decree and accompanying documents to your assigned Judge.

• The Judge has an additional sixty (60) days to sign off on the Consent Decree, making your divorce final.

Default Divorce

• If you and your spouse do not have an agreement regarding your divorce and they do not file a Response to your Petition, you are divorcing by default.

• If your spouse does not file a Response within twenty (20) days if served in AZ and thirty (30) days if served outside of AZ, you must file an Application for Default with the Court and mail a copy to your spouse.

• The Court then gives your spouse an additional ten (10) business days to file a Response.

• If your spouse files a Response, you have a contested divorce.

• If no Response is filed, you can request a default hearing sixty-four (64) days after your spouse was originally served.

Default Divorce Hearing

• At the default divorce hearing, you will appear before a Court Commissioner and must bring the following:• A proposed Default Decree of Dissolution of Marriage containing your proposals

for each and every aspect of the divorce.

• If you and your spouse have minor children in common you must bring the following:• Your Certificate of Completion for the Parent Information Program (if you haven’t already

filed it with the Court.)

• Proposed Parenting Plan

• Completed Child Support Worksheet

• Proof of income and expenses for the children

• Proposed Child Support Order

• The Commissioner will ask you questions, review your documents and finalize your divorce.

Contested Divorce

• If your spouse files a Response disagreeing with your divorce Petition, you have a contested divorce.

• If neither party is represented by an attorney the Court will schedule, and all parties must attend, an Early Resolution Conference (ERC). If either party or both parties are represented by an attorney the Court will schedule, and all parties must attend, a Resolution Management Conference (RMC.) • The point of each of these hearings is to inform the Court of any agreements

reached and areas of disagreement so that the Court can schedule services, such as mediation, and a Trial date.

• If you and your spouse reach a full agreement regarding your divorce at any point prior to the Trial date, see the Divorce by Consent process.

Contested Divorce cont.

• If you and your spouse cannot reach a full agreement regarding your divorce prior to the Trial date, you must prepare for Trial.

• Prior to Trial, you and your spouse must exchange documents required by Rule 49, Arizona Rules of Family Law Procedure.

• Five (5) business days prior to Trial you will each submit documents to the Court that you feel should be presented as evidence at Trial.

• During the Trial, each spouse will be allotted a certain amount of time to present evidence and testimony which the Judge will consider when making decisions regarding each contested area of the divorce.

• Judges typically “take matters under advisement” at the end of the Trial, which means that following the Trial the Judge has sixty (60) days to issue a Decree of Dissolution of Marriage containing orders regarding each aspect of the divorce and dissolving the marriage.