A Guide to Divorce in Arizona
This is a complete guide to divorce in Arizona.
In this guide we’ll answer your burning questions – including some you didn’t even think to ask.
Specifically, we’ll cover the differences between divorce and legal separation, types of divorce, overview of the process, how much it costs, and a whole lot more.
So if you want to make sure you have a lay of the land (and steer clear of the landmines), we’ve got you covered.
Let’s get started.
- The differences between divorce, annulment, and separation
- What are the grounds for divorce in Arizona?
- Deciding what kind of divorce you will go through
- The process of filing for divorce
- How to complete proof of service
- Filing for divorce online
- Filing for divorce in Arizona without using a lawyer
- How much does divorce cost in Arizona?
- How long does it take to get a divorce?
- Should I retain the services of a certified divorce financial analyst?
- Bifurcation of marital status is not allowed in Arizona
- Can I cancel, refuse, contest, stop or reverse a divorce in Arizona?
- What is a divorce decree?
- What is proof of divorce?
- Changing Your Name
- Bonus: Recommended Resources for a Better Divorce
The differences between divorce, annulment and separation
Married couples in Arizona can end their marriages in three possible ways. Each of these has their own special requirements and rules, and a good basic understanding of these options is a good place for you to start.
Legal Separation
When a marriage is no longer working and one spouse moves out of the home, couples may consider themselves separated. While this is physically the case, they are not legally separated, and there is a big difference between the two.
In Arizona, a legal separation must be granted by the courts, just like a divorce. Custody, asset division, and support issues are worked out and must be approved by the court. This eases the bond of marriage without totally severing it. The one thing legal separation in Arizona does not do is restore the right of a spouse to remarry.
Legal separation does not always lead to divorce. Many times, it serves as a much-needed time out that allows two people to try and resolve their issues in a less intense environment. Stepping away can often times bring added perspective about what a couple will lose in a marriage and possibly give them time to heal from the issues that caused their marriage to come under stress.
There are also financial benefits as well, such as being able to keep health insurance, or by continuing to file as a married couple on tax returns. Also, when a couple is legally separated, each person is responsible for their own financial decisions and is not responsible for those that the other person makes. If a person is not a U.S. citizen, and they get a divorce, they run the risk of deportation. But with a legal separation, a noncitizen can still stay in the country even if they don’t live with their spouse.
Annulment
When a couple is granted an annulment in Arizona, their marriage is considered null and void. Basically, this means that both people can move forward with their lives as if their marriage never happened. Some people choose this option for religious reasons. For example, the Roman Catholic Church does not recognize divorces and an annulment is the only officially sanctioned way to end a marriage. In some cases, when a Catholic person gets a divorce, they may be denied certain religious rights, and any future marriages will not be recognized because in the eyes of the church, that person will still be considered to be married.
An annulment is granted if the marriage was void from the beginning or if there is an allowable reason that would cause the marriage to be void.
In Arizona, annulments may be granted for several reasons, such as if you were underage at the time you got married, or if you were already married to someone else. Other reasons why an annulment may be granted include incest, bigamy, fraud or misrepresentation, force, no consummation of the marriage, or an unsound mind
Divorce
Divorce in Arizona is permanent and frees each spouse of all marital obligations. Assuming all requirements are met, the couple will divide assets, resolve child custody and support issues, and other related concerns, and ultimately have the courts agree to issue a final decree that legally ends all aspects of the relationship.
What are the grounds for divorce in Arizona?
Under a no-fault premise, couples in Arizona who have attempted to work out their differences can simply cite an “irretrievable breakdown” as the reason for ending a marriage. This means neither spouse is responsible for the breakdown of their marriage.
There is another option in Arizona which equates to a fault-based divorce. This can only take place if a couple has entered into a covenant marriage. A covenant marriage is different from a traditional marriage because couples must meet several additional qualifying conditions including participating in premarital counseling, deciding how they will handle divorce when applying for a marriage license, and agree to attend predivorce counseling.
When a couple has demonstrated a valid covenant marriage to the court, a divorce can only be granted if it can be proved that:
- a spouse committed adultery
- a spouse committed a felony resulting in imprisonment or a death penalty
- that either spouse abandoned the marital home for at least one year
- that a spouse sexually or physically abused the other spouse, a child or a relative of either spouse
- that a spouse has continually abused drugs or alcohol
What are your options for divorce?
In Arizona, you have several possible ways to pursue a divorce. Which one you decide on will depend in part on your relationship with your spouse and how well you can agree to work together to achieve a mutual goal. If you can agree, the right process for your circumstances could save you a considerable amount of time, money and stress.
An uncontested divorce works when a couple can agree to work together and find ways to compromise with each other, instead of instilling the divorce process with hate and conflict. This is far and away the best way for couples to separate and peacefully go their own way.
When both sides can agree on all elements of divorce, each spouse will file paperwork that will be reviewed by the court. If the court approves, there will be no hearings, no need for attorneys to get involved, no delays and the least possible amount of stress of all the divorce processes.
When couples agree on most of the points regarding their divorce but are in disagreement about some of the smaller points, they can resort to mediation. The mediator is a neutral third party who will listen to both sides and then suggest solutions in the hopes of reaching an agreement on all points. The goal is to find consensus and present a final agreement to a judge who will use it as part of the final divorce decree.
In cases where couples need more input and a stronger final outcome, they can choose arbitration as a process to follow. In arbitration, a private judge will listen to testimony from both sides as a neutral third party and then rule on the elements of the divorce, much like a judge would do in court.
A process that is similar to mediation and arbitration is known as collaborative divorce. In a collaborative divorce, both spouses retain attorneys who specialize in collaborative law and then attempt to negotiate a fair settlement without going to trial.
When a couple has been married for a short time (generally less than five years) and they have few assets, no children and a small amount of debt, they may be able to go through a summary divorce. Summary divorces are quick, inexpensive and most of the time do not entail the use of lawyers.
When one spouse or the other refuses to participate in the divorce process, does not respond in a timely way regarding the filing of paperwork, or misses key court dates, a judge may be able to declare a default divorce. When both couples do not participate in a timely manner, a judge may remand the case to the sidelines and refuse to take any action on it.
The final option for getting a divorce is to go through a contested divorce. In these types of divorces, there is a high degree of animosity between spouses, no trust, and a high amount of disagreement on key elements such as alimony, child custody, a division of assets and more. These types of cases cost the most to settle, take the longest time and inflict the most emotional damage on both sides.
The process of filing for divorce
Although you can go through a divorce in several different kinds of ways in Arizona, the basic process to start your divorce is pretty much the same in all cases.
Gather important information.
One of the smartest things you can do is to get organized early on in your divorce. There will be a lot of documents you will need to gather that are not only required, but to also help your case to the highest degree possible.
Don’t assume you’ll be able to negotiate a fair settlement with your spouse if you don’t have accurate information. It’s simply not possible to make informed decisions without good records.
Fill out the paperwork.
Once you have your documentation and know what kind of divorce you will go through, you will need to complete the appropriate forms that you will submit to formally start the process. If you are working with an attorney, they will assist you with all the aspects of this part of the divorce. You can file papers on your own if your situation dictates, but an attorney will minimize any mistakes, and may save you time and money in the long run.
The forms generally required to be filed initially include:
- Petition for Dissolution of Marriage. This includes all information about what the petitioner is asking for, including child custody, child support, alimony, and asset distribution.
- Summons. This explains to the respondent that a divorce case has been filed and that he or she must take some action within a certain time frame. Without a court clerk stamped summons, the divorce cannot go forward.
- A Notice of Right to Convert Health Insurance. Each spouse has the right to convert health insurance and this notice gives them information about the rights and responsibilities surrounding any existing health insurance coverage that the couple may have.
- Preliminary Injunction. This stops both spouses from making any major decisions or taking actions regarding things such as bank accounts, retirement accounts, property, children, health and life insurance until the court can review the divorce and resolve the issues. The injunction stays in effect until the divorce is finalized and if one spouse or the other violates the terms of the injunction, he or she can go to jail.
- Notice to Creditors. This advises each spouse about their rights and responsibilities regarding the debts acquired during the marriage.
If there are children involved, a petitioner must also file an Affidavit Regarding Minor Children and an Order and Notice Regarding the Parent Information Program.
The petitioner must create three copies of these forms. The original goes to the Clerk of the Superior Court. One copied is served to the other spouse and the final copy is kept for the petitioner’s records.
Filing fees vary from county to county, and in order to determine what fee you will pay when filing it is best to contact the court where you are filing.
All forms for all counties are available on the Arizona Judicial Branch Website.
Petition for Dissolution of Marriage.
This includes all information about what the petitioner is asking for, including child custody, child support, alimony, and asset distribution.
Summons.
This explains to the respondent that a divorce case has been filed and that he or she must take some action within a certain time frame. Without a court clerk stamped summons, the divorce cannot go forward.
A Notice of Right to Convert Health Insurance.
Each spouse has the right to convert health insurance and this notice gives them information about the rights and responsibilities surrounding any existing health insurance coverage that the couple may have.
Preliminary Injunction.
This stops both spouses from making any major decisions or taking actions regarding things such as bank accounts, retirement accounts, property, children, health and life insurance until the court can review the divorce and resolve the issues. The injunction stays in effect until the divorce is finalized and if one spouse or the other violates the terms of the injunction, he or she can go to jail.
Notice to Creditors.
This advises each spouse about their rights and responsibilities regarding the debts acquired during the marriage.
Most counties also require the petitioner to complete and file a Domestic Relations or Family Court cover sheet. This gives information about both sides that will help to process the case.
If there are children involved, a petitioner must also file an Affidavit Regarding Minor Children and an Order and Notice Regarding the Parent Information Program.
The petitioner must create three copies of these forms. The original goes to the Clerk of the Superior Court. One copied is served to the other spouse and the final copy is kept for the petitioner’s records.
Filing fees vary from county to county, and in order to determine what fee you will pay when filing it is best to contact the court where you are filing.
All forms for all counties are available on the Arizona Judicial Branch Website.
File your documents.
Once your forms have been reviewed and approved, you can officially file them with the Clerk of the Court in the county where you are filing. Because filing requirements can vary from county to county, it’s best to check with the court where you are filing to make sure you follow the right instructions.
How to complete proof of service
After you file your divorce papers, you must serve your spouse with a copy of the documents. This is known as service of process. In Arizona, you have 120 days to complete service of process after you file your papers with the court.
How you complete service of process will vary depending on the rules of the county where the divorce is filed. You cannot serve the papers yourself. You must have a deputy sheriff or a process server deliver them to your spouse. You can mail them the divorce papers by certified mail, return receipt requested in some cases. But the service is not complete unless the spouse actually signs for the certified mail they receive
After the service of process has been completed, then an Affidavit of Service or Proof of Service must be completed and filed with the clerk of the court. This basically confirms that the papers were served on the respondent.
Once the service is completed, the spouse has 20 days to file a response, or the petitioner can apply for a default divorce. If the spouse is outside of Arizona, then they have 30 days to respond instead. After a request for default is filed, the respondent has 10 days to file a response or they run the risk that a default divorce will be granted with all of the terms of the petitioning spouse.
Filing for a divorce online
In Arizona, several companies offer online divorce services. Costs will vary but may start with as little as a few hundred dollars to help you prepare the right forms with the right information.
A few of the online divorce services you can access include MyDivorcePapers, Wevorce and CompleteCase. An online search should also produce several possibilities that will closely match the type of services you require.
Filing for divorce in Arizona without using a lawyer
It is not mandatory that you have an attorney to represent you in a divorce. You can file for a divorce on your own. This generally works best when you agree on all the issues with your spouse. Both of you can complete paperwork and submit them on your own.
However, you are required to follow all the rules and procedures just as attorneys do. Your paperwork must be filled out the right way and filed correctly. Court personnel are not permitted to give you legal advice either.
A judge will review your proposed divorce settlement before signing off on the final decree. But if you are in a divorce situation where you and your spouse have disagreements, you might be wise to retain an attorney to help you work through those issues and protect your rights.
How much does divorce cost in Arizona?
To initiate a divorce in Arizona, one spouse must file a Petition for Dissolution of Marriage and pay a filing fee. Filing fees vary by county but will generally run around $300. If the marriage is uncontested, then the other spouse must file a response in the form of a Consent Decree of Dissolution of Marriage and pay an additional filing fee.
If you qualify, you may be able to obtain a fee deferral or a fee waiver. If your application is approved, you agree to pay any deferred fees at a later date, or your fees will be waived completely. You can qualify for a deferral or waiver if you receive assistance from the state such as nutritional assistance or Supplemental Social Security income.
If you need to retain a divorce attorney, expect to pay anywhere from $150 to $500 per hour. You will also probably need to pay a retainer up front to start the process. If you decide to use a mediator or an arbitrator, expect your costs to be somewhere between $3,000 and $7,000, and possibly more.
How long does it take to get a divorce?
Arizona state law mandates that a divorce cannot be granted by the court until at least 60 days after the first court papers are delivered to the respondent. If spouses are going through an uncontested divorce and agree on all issues, then the divorce can be finalized immediately following the 60-day waiting period.
If couples do not agree on every issue and need more time to work things out, then the length of time to have a divorce finalized will take longer. How much time it takes will depend on the nature and how complicated the issues are, as well as availability on the court’s schedule
Working with a Certified Divorce Financial Analyst
Every divorce has financial issues that need to be addressed. In some cases, a family law attorney can provide all the information you need.
But if you have a degree of financial complexity, you should consider working with a Certified Divorce Financial Analyst (CDFA).
A CDFA can help you understand the long-term impact of your decisions so you can weigh the pros and cons. In fact, working with a CDFA can actually lower the cost of your divorce (by giving you more clarity to make decisions which cuts down on the back-and-forth negotiations).
Bifurcation of marital status is not allowed in Arizona
Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized.
People often seek bifurcation if they are still going through a divorce but want to marry another person.
In Arizona, family law courts are not allowed to bifurcate divorces. All property, child support and child custody cases must be decided before a divorce can be finalized. This means if you want to remarry or file your taxes as a single person, you must find a way to compromise with your spouse so that your divorce will move forward to completion.
Can I cancel, refuse, contest, stop or reverse a divorce in Arizona?
If both persons agree to stop a divorce, you can request that the divorce be cancelled by filing a request with the Clerk of Superior Court. If you later change your mind and decide you do want to go forward with the divorce, you will need to start the process all over again. As long as one spouse wants a divorce in Arizona, the other person cannot stop the process by refusing to participate.
What is a divorce decree?
A divorce decree is the court’s final order that terminates a marriage. It provides a summary of the rights and responsibilities of each party, including financial responsibilities and a division of assets. it also covers child custody, visitation, alimony, child support and other similar issues.
Once the divorce decree is issued, parties are legally free to marry another person. The divorce decree is a legally binding document, and if either party does not meet the requirements and obligations set forth in the decree, the other party can take legal action to correct any deficiencies.
What is proof of divorce?
To obtain proof that you are divorced, you can also obtain a Divorce Certificate from the Clerk of the Superior Court in the county where the divorce was granted and from the State of Arizona’s Office of Vital Records at your local county health department offices.
The certificate shows minimal information, such as the names of both spouses and the date and place a divorce was granted, but typically no other information.
Rather than having to produce the lengthier divorce decree, a divorce certificate can provide proof of divorce for many legal purposes. It can be used when a person wants to change the name on any state-issued documents, or as proof that the person legally has the right to get married again.
Changing Your Name
As you prepare your divorce forms, you will be able to choose to either restore your former name or request a court order for changing names.
The name change will be granted as part of your divorce. You can choose to receive a separate court order to make your name change official, or you can have your name change recorded on the final divorce decree. Both of these documents are acceptable for all US agencies and organizations as evidence of your name change.
Just because you have a court order does not mean your name change has taken effect. You need to contact all your organizations to request your records are updated.
Start by updating your name with the Social Security Administration. After you’ve done that you can start to change names everywhere else.
It takes a long time to reach out to each company and figure out what to send where, so we recommend using an Easy Name Change kit to cut out the 10+ hours of research and paperwork that follows.
This Easy Name Change kit is our favorite way to go through the name-changing process.
Additional Reading: 5 Things I Wish I Knew Before Changing my Last Name
Recommended Divorce Resources
There are a lot of divorce resources that make big claims. We’ve tested a bunch of them. Most fall short. A few stand above the rest.
These are the tools and resources we’re excited to share with you because we know they can help you have a better divorce.
If you’re looking for recommendations in any of the following areas, we’ve got you covered:
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