What Is the Process for Divorce in Arizona?

The divorce process in Arizona is confusing for many people. It can also be emotionally devastating and an overwhelming experience. The divorce process officially begins when one spouse files a petition for dissolution of marriage with the clerk of the Superior Court that has jurisdiction of the case. Other paperwork is filed along with the petition for dissolution, including a preliminary injunction, which limits the actions spouses can take that affect both of them, a summons, and an order and notice to attend parent information program classes. 

Knowing the process for divorce in Arizona can help you feel more in control and provide you with the foundation to make informed decisions in your case. The legal team at Mushkatel, Robbins & Becker PLLC can provide advice and guidance throughout the process. Contact us for a confidential consultation to discuss the next steps in the divorce process.

How Long Must I Have Lived in Arizona to File for a Divorce?

Before a court can hear a case, it must have jurisdiction over the parties and the legal matter. To establish jurisdiction for a divorce case, you must show that you or your spouse has lived in the state of Arizona for at least 90 days.

What Are the Grounds for a Divorce in Arizona?

Grounds for a divorce refer to the legal reasons that justify the divorce. Under Arizona law, it is only necessary to state that there are “irreconcilable differences” and the marriage is “irretrievably broken” in your petition for dissolution. Because Arizona is a no-fault state, there is no need to explain the divorce is due to infidelity, abuse, or any other fault-based ground.

What Is the Difference Between a Contested and an Uncontested Divorce?

An uncontested divorce is one in which the parties agree to get divorced and agree on the major issues involved in their case. Uncontested divorces tend to be faster and less expensive.

A contested divorce is one where the spouses disagree about some material issue involved in their divorce, such as:

• Division of property or debt
• Alimony
• Child custody
• Child support

Contested divorces tend to take more time to resolve because they may go through more steps of the divorce process than uncontested divorces. However, if the spouses reach an agreement through mediation or negotiation, they can proceed with an uncontested divorce even if they initially started with a contested divorce.

What Is a Default Divorce?

After you file your petition for dissolution paperwork and have your spouse served, your spouse generally has 20 days to respond to your complaint. A default divorce occurs if your spouse does not respond to the divorce complaint and you ask the court to grant all of the relief you requested. Your spouse has 10 days to respond after you file a notice of default with the court. If your spouse fails to respond within those 10 days, a judge is assigned to your case. You must attend the hearing in person so the judge can enter a decree of dissolution.

What Are the Steps for Filing for Divorce in Arizona?

After hiring a divorce attorney, the steps in an Arizona divorce include:

Preparation of Divorce Paperwork

Your attorney can help prepare your initial legal paperwork to officially commence your case, including:

• A petition for dissolution
• A preliminary injunction
• Order and notice to attend parent information program classes
• Maiden name restoration
• Summons

Your spouse is then legally served with the paperwork and has the opportunity to respond.

Temporary Orders

Some spouses petition the court for temporary orders that bind the spouses while their divorce case is pending, such as matters pertaining to child custody, child support, and spousal maintenance.

Disclosure and Discovery

Discovery is the formal process of exchanging information with your spouse to prepare your case for trial or resolution. Spouses must provide specific disclosures in writing, including:

• All legal and factual grounds for their claims and defenses
• The name of all witnesses
• All documents they plan to present at trial
• Income from any source
• Complete information about finances, business ownership, and support obligations

Marital Settlement Agreement/Consent Decree

Spouses are free to enter into a settlement regarding their divorce case at any time. Settling the case speeds up the process of divorce and can make it more affordable. Spouses avoid adversarial litigation when they enter into a settlement. The terms of their settlement are incorporated into the court’s final decree of dissolution.

Trial

If the parties are unable to reach an amicable settlement on all material issues, they proceed to trial where each side presents evidence and testimony. The judge makes the final decision on any unresolved matters in the divorce case.

Is Alimony Available in an Arizona Divorce?

Alimony is available in Arizona divorce cases. However, it is not automatically awarded. You must request the award of alimony and prove that you should receive it. Arizona courts consider many factors when determining whether to award alimony and in what amount. Some of the most important factors include:

• The requesting spouse’s ability to independently meet their own financial needs
• The payor spouse’s ability to support themselves while making alimony payments
• Whether the requesting spouse cannot work because they are caring for young children
• The length of the marriage
• The amount of time it would take for the requesting spouse to become financially self-sufficient
• The age and health of both spouses
• The current and future earning capacities of both spouses
• The standard of living established during the marriage

What is Mediation?

Arizona courts encourage parties involved in legal disputes to reach amicable out-of-court settlements. Mediation is a form of alternative dispute resolution available in divorce cases and other civil cases. A neutral third-party mediator explains the divorce process in Arizona and the risks of proceeding with a contested case. The mediator uses effective conflict resolution and communication skills to help the parties identify their interests and negotiate an amicable agreement. If the parties reach an agreement, the agreement is presented to the court for approval and incorporated into the final decree of divorce.

How Soon After the Divorce Can I Remarry?

Arizona does not impose a waiting period for remarriage following the final decree of divorce. However, remarriage may impact some aspects of the divorce, such as alimony.

Contact an Arizona Divorce Attorney Today

If you are considering divorce in Arizona and would like to know more about what to expect about the divorce process, the skilled legal team at Mushkatel, Robbins & Becker PLLC is here to help. Contact us today for a consultation with an experienced Arizona divorce attorney.

Visit our Sun City Divorce Law Offices

About the Author

Zachary Mushkatel

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…