How to File for Divorce in Arizona

Locate a Local Family Lawyer

Find Lawyers in Other Categories
Most Common Family Law Issues:

How to File for Divorce in Arizona

Arizona has one requirement before a petitioner, who is a spouse wanting to file for a divorce, can file a petition asking for a divorce. This requirement is that at least one of the spouses must have lived in the state for at least 90 days prior to filing for divorce. The state allows a petitioner to file for a fault or a no-fault divorce. A no-fault divorce refers to no one being at fault for the marriage ending.

What Documents Do I Need?

In order to file for divorce in Arizona, you need to complete the following documents:

Where Do I Take My Completed Petition?

A petitioner must file the completed petition for divorce at the county court house in the county where the petitioner resides. The other spouse is then served with the petition. However, if the divorce is contested, the respondent, or person being sued for divorce, has time to respond. Arizona gives the respondent 20 days to respond if they live in the state. If they live outside of Arizona, the respondent has 30 days to respond.

If a respondent fails to submit a response to the court, the petitioner can file a default divorce. The respondent then has 10 days to file a response to the default divorce. If they fail to respond, then the divorce is finalized.

How Long Do I Have to Wait until My Divorce Is Finalized?

Spouses have to wait 60 days after filing the initial petition and the order is served. This is referred to as the “cooling off” period. After the cooling off period:

What Happens If My Spouse and I Do Not Agree on All of the Terms?

If you and your spouse do not agree on one or more terms, a judge may rule on the terms. To have a judge decide the terms of the divorce, a trial must be requested.

Should I Contact an Attorney about Finalizing My Divorce?

Yes. The time it takes to legally end your marriage depends on how quickly you and your spouse agree on terms like custody or property division. It is highly recommended that you talk to a divorce attorney to protect your legal rights during the divorce process.

Consult a Lawyer - Present Your Case Now!
Last Modified: 04-28-2015 05:27 PM PDT

Find the Right Lawyer Now

Link to this page

Law Library Disclaimer

LegalMatch Service Mark