Understanding Divorce
What is a divorce?
A divorce, legally called a "dissolution of marriage," is a
court procedure to end a marriage. The party who starts the divorce
is known as the Petitioner. The other party is known as the
Respondent.
What is A.R.S.?
A.R.S. stands for Arizona Revised Statutes. When followed
by "§"and a number, it refers to a particular Arizona law. These
statutes may be found at www.azleg.gov/ArizonaRevisedStatutes.aspas well
as in any county law library.
What is A.R.F.L.P.?
A.R.F.L.P. stands for Arizona Rules of Family Law Procedure.
These rules may be found at http://www.supreme.state.az.us/rules/ramd_pdf/R-05-0008.pdf or
in any county law library.
When can I file a petition for divorce?
You or your spouse must have been a resident of Arizona for at
least 90 days before you can file for a divorce. A.R.S. §
25-312.
What reasons must I give in order to get a divorce?
Arizona is a no-fault state, which means that neither spouse
needs to give a reason for the divorce. Only one party needs to
assert that he or she believes the marriage is "irretrievably
broken." If the parties choose to have a "covenant marriage" at the
time of their marriage or later convert their marriage to a
covenant marriage, the party seeking the divorce must prove grounds
found in A.R.S. §25-903.
Do I need a lawyer to represent me?
Everyone is entitled to represent himself or herself in a
divorce. However, if you represent yourself, the court will expect
you to follow all laws and the correct procedures that apply to
your case, even if you are not an attorney. If you do not follow
the correct procedures, you could lose important rights and the
ability to request certain benefits forever. If your case goes to
trial and you do not follow the correct procedures, the judge may
not allow you to present certain evidence or call witnesses. Court
personnel and judges are not allowed to give you legal advice. If
you do not understand the laws or court procedures, you may contact
an attorney for assistance.
In certain circumstances, a judge may order your spouse to pay
all or a portion of your attorney's fees.
How does the divorce procedure work?
One spouse files a Petition for Dissolution of Marriage and
related initial documents.
After the Petition for Dissolution of Marriage is filed, copies
of all of the papers must be served on your spouse unless service
is waived in writing and filed with the court. Your spouse has 20
days (if served in Arizona) or 30 days (if served outside of
Arizona) to respond to the Petition for Dissolution of
Marriage.
If your spouse fails to file a Response within those 20 days,
the other spouse can apply for a default. After a request for
default is filed, your spouse only has 10 days to file a Response
or risk the divorce being granted on all of the terms of the
petitioning spouse.
If no Response is filed, at the end of the "cooling off" period
of 60 days after the Respondent is served with the divorce papers,
the Petitioner may obtain a Default Decree of Dissolution of
Marriage.
If a Response is filed but both parties reach an agreement as to
all issues, they can submit a Consent Decree of Dissolution of
Marriage that sets forth all of their agreements for the judge to
sign. A.R.F.L.P. Rule 45(B).
What if my spouse does not agree to a divorce?
If your spouse does not want the
divorce, he or she may request that the parties attend a
conciliation meeting with the court. The divorce will be put on
hold for up to 60 days while that meeting takes place. If the
meeting does not result in the parties agreeing to postpone the
divorce, the divorce will go forward.
There is no charge to request a conciliation meeting.
What happens if my spouse and I do not agree on something
during the divorce proceedings?
If you and your spouse do not agree on
a particular issue, such as custody of children, spousal
maintenance, or division of property, it may be necessary to have a
judge decide these issues for you. You must then request a trial in
order to finalize your divorce.
The procedure for requesting a trial varies from county to
county. You should seek the advice of an attorney if you are not
able to determine how to obtain a trial date. Many courts have
information and forms available to the public either in their law
libraries or their websites.
Some courts offer free mediation services.
How long does it take to get a divorce?
After your spouse is served with the
Petition for Dissolution of Marriage, a 60-day "cooling off"
period must transpire before the divorce may be finalized. It
is not possible to be divorced any sooner even if both parties
agree. If the parties do not agree on the terms of the divorce, a
trial will be set. Depending on the county, these proceedings
could take as long as six to nine months before a divorce would
become final.
What is covered in a decree of dissolution of marriage?
A Decree of Dissolution of Marriage
will:
1. Terminate the marriage.
2. Determine custody, parenting time
and support of the minor children, if any.
3. Determine spousal maintenance
(alimony), if any.
4. Divide property acquired during the
marriage, and affirm property owned prior to the marriage (if any)
to the party who owned it.
5. Assign responsibility for debts
incurred during the marriage, and affirm debts owned prior to
marriage (if any) to the party who owed them.
6. Determine responsibility for
attorney fees and costs, if any.
7. Restore the last name of a
requesting spouse (optional).
Can I get temporary orders while the case is pending?
While your divorce is pending, you may apply for temporary
orders regarding custody, parenting time, child support, spousal
maintenance, attorney fees, and other matters. The procedure
to request a hearing for temporary matters varies from county to
county. You should seek the advice of an attorney if you are not
able to determine how to obtain a hearing for temporary orders.
What is a preliminary injunction?
A Preliminary Injunction is a form of restraining order which is
issued at the beginning of every divorce case. The
Preliminary Injunction is issued tobothparties and requires that
neither party harass the other, that no community property is sold,
that existing insurance is maintained and that minor children not
be removed from the state without court permission or the other
parent's written consent.
What if my spouse has commited domestic violence or may become
violent?
If your spouse has committed domestic
violence or may become violent during the dissolution proceedings,
you may apply for an Order of Protection. The forms for an Order of
Protection are available for free at any Superior Court, Justice of
the Peace Court or City Court. You will see a judicial
officer on the same day that you fill out the Petition for Order of
Protection. There is no charge to apply for an Order of
Protection.
Always call 911 in an emergency.
Is there a mandatory parent education program?
If the parties have a minor child or
children together, both parties must attend a court- mandated
education program about the impact of divorce on children. Both
parents must attend, even if there is no disagreement regarding
custody and parenting time. If one party does not attend, he or she
may not be able to obtain custody and/or parenting time with the
child(ren). The parties may not attend the same class at the same
time. A.R.S. § 25-351
What if I cannot afford court fees or service of
process?
You may be eligible to have your court filing fees and service
of process fees waived or deferred depending on your financial
circumstances. Forms to request that the filing fees and service of
process fees be waived or deferred are available at no charge at
the office of the Clerk of the Court of each county.
After you fill out the forms, a judge will determine whether or
not your fees will be waived or deferred. If your fees are
deferred, you must make payments toward those fees as your case
progresses. If your fees are waived, you are not responsible for
paying those fees.
More Information
The following organizations may be able to assist you in
obtaining additional information:
Maricopoa County Bar Association
Lawyer Referral Service |
602.257.4434 |
Pima County Bar Association
Lawyer Referral Service |
520.623.4625 |
| Family Lawyers Assistance Project (FLAP) |
602.506.7948 |
| Community Legal Services |
| Phoenix |
602.258.3434 |
or 800.852.9075 |
| Mesa |
480.833.1442 |
or 800.896.3631 |
| Kingman |
928.681.1177 |
or 800.255.9031 |
| Yuma |
928.782.7511 |
or 800.424.7962 |
| Prescott |
928.445.9240 |
or 800.233.5114 |
| San Luis |
928.627.8023 |
or 800.356.7115 |
| DNA People's Legal Services, Inc. |
| Window Rock |
928.871.4151 |
or 800.789.7287 |
| Chinle DNA |
928.674.5242 |
or 800.789.7598 |
| Flagstaff DNA |
928.774.0653 |
or 800.789.5781 |
| Hopi DNA |
928.738.2251 |
or 800.789.9586 |
| Tuba City DNA |
928.283.5265 |
or 800.789.8919 |
| Southern Arizona Legal Aid, Inc. |
| Pima County |
520.632.9465 |
or 800.640.9465 |
| Pinal County |
520.316.8076 |
or 877.718.8086 |
| Cochise/Graham/Greenlee County |
520.432.1639 |
or 800.231.7106 |
| Gila/Navajo/Apache County |
928.537.8383 |
or 800.658.7958 |
| Tohono O'odham |
520.623.9465 |
or 800.640.9465 |
| Four Rivers Indian Legal Services |
620.562.3369 |
or 866.312.2290 |
| White Mountain Apache Legal Services |
928.338.4845 |
or 866.312.2291 |