Do You Need a Lawyer to Get Divorced in Arizona?

You may have family members and friends who hired attorneys when they divorced. You might wonder whether Arizona law requires you to do the same. Spouses do not need legal counsel to get divorced in Arizona. Still, while many couples complete their divorces without legal assistance, consulting with an experienced Arizona family law attorney can help you save time, money, and stress in the long run.

What Are the Requirements for Filing for a DIY Divorce in Arizona?

At least one spouse must have established domicile or served in a military posting in Arizona for at least 90 days before they can file for a DIY divorce in Arizona. The petitioning spouse must allege that their marriage has become irretrievably broken. The family court must agree with this assertion if the non-petitioning spouse agrees or simply does not deny the breakdown of the marriage. The petitioning spouse must also file the paperwork required by the county family court, such as the papers required by the Maricopa County court.

Can I Download the Forms I Would Need to File for Divorce?

Most county courts in Arizona have the forms needed to file for divorce on their websites. For example, here are the forms provided by the Maricopa County Superior Court website. The courts have forms for various situations in divorce, such as contested divorces, consent decree divorces, and legal separations. They also have forms for establishing custody, parenting time, and child support.

What Is the Cost to File Divorce Papers in Arizona?

Each county court sets a fee schedule for filing for divorce in that county. For example, the fee for filing a petition for dissolution of marriage in Maricopa County is currently $349, while filing a summary consent decree divorce costs $426.50. Filing an answer to a divorce petition costs $274.

What Would Be the Best Situation for Filing for Divorce Without a Lawyer?

If certain specific circumstances apply to your situation, you and your spouse may be able to complete the divorce process without involving lawyers. Here are some of the situations when couples might not hire divorce attorneys:

• A couple has a non-covenant marriage – Dissolving an Arizona covenant marriage involves a more complicated process than traditional non-covenant marriages and frequently requires the assistance of legal counsel.
• The spouses agree on all outstanding issues in their divorce – When couples have no disputes over dividing property, child custody and support, or alimony, they can draft a settlement agreement for the family court to incorporate into the divorce decree. This avoids extensive litigation in their divorce matter.
• A couple has no children – Even when parents agree on custody issues, the family court has the discretion to review the parents’ agreement to ensure it serves their child’s best interests. Courts must also resolve child support since support belongs to the child, not their parents. A childless couple who also agrees on financial and property issues can avoid the need for court hearings to resolve child custody and support matters.
• A couple has little or no marital property – Couples with little or no property to divide among themselves can draft a short settlement agreement, dividing their property and waiving other financial issues, such as alimony.
• The couple understands the filing requirements and legal process in a divorce matter – When spouses have no outstanding disputes over the issues in their divorce and feel comfortable enough to navigate the court process, they may not need legal counsel to help them with preparing or filing court forms or appearing in court.

Having said that, it’s always a good idea to consult an attorney when you have a legal matter to resolve. As someone without training and experience in this specific field, there are bound to be potential issues you have not expected.

What Are Common Mistakes When Filing a DIY Divorce?

Some of the top mistakes that couples make when pursuing a DIY divorce in Arizona include:

• Filing for divorce without first meeting the qualifications under Arizona law
• Filing for divorce in the wrong county
• Not paying court filing fees
• Failing to properly serve papers to their spouse
• Failing to understand how child support works or consider how child support obligations may affect the spouses’ respective financial situations
• Not understanding how alimony works or how to obtain it
• Failing to familiarize themselves with court rules and processes
• Not calculating future living expenses after divorce
• Not understanding how Arizona’s community property laws work
• Deciding not to work out a parenting time schedule

What Are Some Situations Where I Should Hire a Divorce Attorney Instead of Doing It Myself?

You should strongly consider hiring a lawyer if:

• Your spouse has hired an attorney.
• You and your spouse cannot agree on most of the outstanding issues in your divorce.
• You cannot have an amicable, productive discussion with your spouse.
• You and your spouse disagree over how to divide parenting time.
• You and your spouse have a pre- or post-nuptial agreement.
• Your case may involve issues of law not yet settled by the courts.
• You or your spouse have complex assets or financial circumstances, such as family-held businesses, cryptocurrency, business ownership interests, or real estate holdings in other states.

How Can an Arizona Divorce Attorney Help with My Case?

Why hire a divorce lawyer to help with your case? Some important reasons include:

• Your lawyer can review the terms of your pre/post-nuptial agreement and help you understand your rights and obligations.
• Your attorney can prepare you for what to expect during divorce proceedings.
• Your lawyer may identify outstanding issues you and your spouse still need to consider.
• Your attorney can help you gather financial records and other documents you’ll need in your divorce.
• Your lawyer will prepare and file a divorce petition or response on your behalf.
• Your attorney can advise you during divorce settlement negotiations.
• Your lawyer can advocate in court if you must go to trial on outstanding disputes with your spouse.

Contact an Arizona Divorce Lawyer

Hiring legal counsel during your divorce can help protect your rights, interests, and future. Contact Mushkatel, Gobbato, & Kile, P.L.L.C. today for a confidential consultation to discuss your legal options with an experienced, compassionate Arizona divorce attorney.

Visit Our Arizona 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…