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| What are the grounds for Divorce in Arizona? |
In Arizona the process to dissolve your marriage is a dissolution of marriage. (This is what people commonly refer to as a divorce). In Arizona we are a no fault divorce state unless your marriage is a covenant marriage. A No-fault Divorce means that either spouse may petition for divorce if they believe that the marriage is irretrievably broken with no reasonable prospects of reconciliation. |
| Can we still get divorced if we have a covenant marriage? |
Unlike a non-covenant marriage there must be legal grounds for a divorce of a covenant marriage in Arizona. The grounds for dissolution of a covenant marriage are listed in Arizona Revised Statutes 25-903. They include Adultery, Non-filing party commits a felony and they are placed in prison, Abandonment for one year, Physical or sexual abuse, Living separate or apart without reconciliation for at least two years before the filing of a Petition for Dissolution of Marriage, Living separate and apart without reconciliation for at least one year from the date of the Decree of Legal Separation, Drug or alcohol abuse, Mutual consent. |
| What is the fastest that I can be divorced in Arizona? |
By law it is no sooner than 60 days after service of the Petition on the opposing party. Generally speaking 70-90 days is the fastest a person can obtain a dissolution of marriage in Arizona. |
| How long do I have to live in Arizona prior to filing for a dissolution of marriage? |
Either you or your spouse must have lived in Arizona for ninety days prior to the filing of the petition. |
| What does it cost to file for a dissolution of marriage in Arizona? |
The cost in Maricopa County to file for a dissolution of marriage is $276.00. To respond to a dissolution of marriage the fee is $231.00. These fees do change and are current as of November 2007. |
| What does it cost to hire an attorney for my divorce case? |
The price for an attorney will vary depending on the experience of the attorney, the attorney’s hourly rate, the complexity of your case and how far along in the process your case already is, if it has been previously filed. |
| My spouse has filed for a dissolution of marriage, can I stop the divorce? |
A party cannot stop a divorce from occurring in the State of Arizona as long as one party believes that the marriage is irretrievably broken. If you believe that your marriage is not irretrievably broken you can petition the Court of Conciliation to request some assistance in preventing the dissolution from going forward. Dissolution proceedings are temporarily stopped for a time, generally not to exceed 60 days while the court determines whether reconciliation is possible. If reconciliation is not possible then the divorce will proceed forward. |
| Once the divorce is filed can I transfer/sell property? |
Once the Petition for dissolution is filed a Preliminary Injunction prevents both parties from certain actions. This includes a prohibition on transferring, selling or giving away community property; prohibition on either party removing the child(ren) of the marriage without the consent of the parties or permission of the court; prohibition on the parties from harassing one another. There are exceptions to the preliminary injunction, which can be discussed with your attorney. |
| My spouse has filed for a divorce and I do not agree with the paperwork, what can I do? |
The party served with the paperwork has twenty days to respond if they were served in the State of Arizona (30 days if Respondent is served out of state). If no response is filed within the time-frames then the filing spouse can move forward to obtain a Divorce by Default. |
| My spouse and I agree on all of the terms of the divorce can we file any documents to finalize the matter without going to court? |
If the parties agree on all of the issues with regards to dissolving the marriage and they have met the jurisdictional requirements for a dissolution of marriage the parties can file a Consent Decree, which sets forth the terms of the dissolution and so long as the agreement is fair and equitable and addresses all of the issues that exist between the parties, the court will usually adopt the terms and sign the decree, dissolving the marriage. A marriage can still not be dissolved for at least 60 days after the non-filing party has been served. |
| My spouse and I do not agree on all of the terms for a dissolution, what is going to happen? |
The court has set up stages in the dissolution process when parties cannot come to a full agreement. Either party can request assistance from alternative dispute resolution (In most cases a form of mediation) or the parties can request temporary orders, or the parties can request a trial. A trial, is a court preceding whereby each party tells their side of the story to the judge, presents evidence to the court, is allowed to question the other party and after hearing the testimony and reviewing any of the evidence the judge determines the outcome of the case. If the trial is for temporary orders then the orders given by the judge will be binding on the parties until the time the judge sets permanent orders after a trial or the parties file a consent decree. |
| I have received my Decree of Dissolution, what does that mean? |
This means that the marriage has been dissolved and you are no longer legally married. The Decree will set forth the final orders regarding division of property and debt, division of retirement accounts, pensions and/or 401k’s, spousal maintenance, child custody, child visitation, child support and the award of any attorney fees and costs. |
| I am opposed to a divorce, but I want to be legally separated from my spouse, can I do that in Arizona? |
Legal separation is allowed in Arizona. A legal separation can accomplis the same thing as a divorce in the State of Arizona with the exception that the parties are not allowed to remarry. A legal separation will separate the parties property, debts, custody, visitation and support. A legal separation can always be converted to a Dissolution of Marriage by filing the appropriate documents. If both parties do not agree to a legal separation then the matter can be converted to a Dissolution of Marriage. |
| I have heard that if I have children and that I am going through a divorce that I have to attend a parent education class, is that correct? |
In Arizona, all couples seeking dissolution of marriage have to attend a parent education course. Further, all parties to a paternity case or a case establishing custody or visitation must attend a court approved program, Parent Information Program class. This class generally lasts about 3-4 hours and costs around $40-$50. |
| I have been awarded joint custody, what does this mean? |
In Arizona the courts can award joint or sole custody. What this refers to is who makes the decisions regarding the child(ren). Joint Legal Custody means that both parties make the decisions regarding the child(ren) together. Sometimes there are provisions in the Joint Custody Order that allow one of the parties to be the final decision maker on certain issues like, education, medical, religion or extra curricular activities, but they would still have to consult with the other party prior to making any decision. If a party is awarded sole custody then that party is the sole decision maker with regards to the topics listed above. Custodial determination does not determine where a child resides, it just determines decision making authority. If a Court has ordered both Joint Legal Custody and Joint Physical Custody then the parties both have 50/50 parenting time with the child(ren) and must make decisions together. In Arizona where the child(ren) resides and the amount of time each party has with the child(ren) is referred to as parenting time, not custody. |
| I have joint custody, but I am the primary residential parent what does that mean? |
In Arizona if you have joint custody that means that you and the child(ren)’s other parent makes decisions together regarding the child(ren). If you are the residential parent that means that the child physically lives more with you than they do with the other parent. |
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