How can I start the divorce process in Arizona?
Lowen Jones
Arizona managing attorney at Marble Law
Key Takeaways
- Legal Counsel: Hiring an attorney is highly recommended for divorce proceedings in Arizona.
- Self-Service Resources: Arizona provides self-service forms for those representing themselves, but legal advice is still advised.
- Residency Requirement: You must meet the 90-day residency requirement before filing for divorce.
- Filing and Service: File the Petition for Dissolution of Marriage and serve your spouse with the divorce papers.
If you’re considering starting the divorce process in Arizona, it’s highly recommended that you seek legal counsel. An experienced attorney can help guide you through the complexities of the process, protect your rights, and ensure that all legal requirements are met. While it’s possible to represent yourself, having professional legal assistance can make a significant difference in the outcome of your case.
That said, Arizona does provide self-service resources, including forms and instructions, for those who wish to proceed without a lawyer. These resources are available on the Arizona Judicial Branch’s website and can be invaluable for individuals who choose to represent themselves. However, even if you decide to use these resources, consulting with an attorney is still advised to ensure you’re on the right track.
Meet the Residency Requirement
Before filing for divorce in Arizona, you must meet the state’s residency requirement. Under A.R.S. § 25-312, you or your spouse must have been domiciled in Arizona for at least 90 days. Domicile means living in Arizona with the intention of making it your permanent home.
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Prepare and File the Petition for Dissolution of Marriage
To start the divorce process, you’ll need to file a “Petition for Dissolution of Marriage” in the Superior Court of the county where either you or your spouse resides. Along with the petition, you’ll need to file several additional documents, including:
- Summons: Notifies your spouse of the divorce proceedings.
- Preliminary Injunction: Prevents either party from making significant changes to property or children’s living arrangements during the divorce.
- Notice Regarding Creditors: Informs both parties of their responsibilities concerning community debt.
- Child’s needs: This can be anything from changes in the cost of daycare or education to special education needs to the cost of extracurricular activities and more.
These forms can be found on the Arizona courts’ website, along with detailed instructions on how to complete and file them.
Serve the Divorce Papers
After filing the petition, you must formally serve your spouse with the divorce papers. Service of process ensures that your spouse is officially notified of the divorce. This can be done by a process server, a sheriff, or any adult who is not involved in the case. Your spouse then has 20 days to respond if they live in Arizona, or 30 days if they are out of state.
What Happens Next?
After serving your spouse, your case can take different paths depending on various factors, such as whether your spouse contests the divorce or you reach an agreement on key issues. At this stage, the decisions you make can significantly impact the course of your case. Therefore, seeking legal advice is strongly recommended to help you understand your options and navigate the process effectively.
While this overview provides a general guide to starting the divorce process, every situation is unique. This is not legal advice, and consulting with an attorney is advised to ensure your rights are protected and that you are taking the appropriate steps throughout the divorce proceedings.
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