arizona divorce guidance & representation

Understanding Arizona’s Divorce Process

1. Filing and Serving a Divorce Petition in Arizona

The divorce process begins on the day when your Arizona divorce lawyer files the Petition with the Superior Court. As the person initiating the divorce, you are “the Petitioner” in this process, and you will remain the Petitioner throughout your entire case. Your divorce attorney will write out the Petition for a Dissolution of Marriage after consulting with you. The Petition outlines what you are requesting in terms of the division of assets and child custody. It also covers additional requests such as spousal or child support. Once the Petition is filed, Arizona law requires a 60-day waiting period before the Superior Court can later approve the divorce.

Your spouse is the “Respondent” when the divorce petition is filed with the court. They must be served with the Petition by a process server, sheriff, or via certified mail. They can also sign an Acceptance of Service before a notary, which must be filed with the court to demonstrate service. If your spouse is in Arizona, they have 20 days to respond to the court. If they live out of state, the deadline for a response is 30 days.

2. Disclosure and Discovery

During the disclosure phase, you and your spouse are required to list and disclose all income, debts, assets, and expenses to each other. This is to ensure that there is a fair division of assets and will help determine what level of support, if any, is required. Both parties are required by the court to share a list of all properties that are owned separately or within the marriage (also known as the community).

Both spouses are allowed to issue a request for the discovery of extra documents or evidence. This is common if one spouse believes that the other is hiding assets during the divorce process. An experienced Arizona divorce lawyer will file all the paperwork for discovery requests and knows the “ins and outs” of how spouses may try to hide assets from the court.

3. Negotiation and Settlement

If you and your spouse reach a full settlement, you can then submit a Consent Decree to the Superior Court. No court hearing is required. However, if you disagree on the division of assets, support, or child custody, you may have to go through one or more rounds of court hearings. In this situation, your Arizona divorce attorney and/or your spouse’s attorney will sit down for a conference with both of you. The purpose of these conferences is to try to negotiate a settlement that you can both agree to and finalize your matter.

If it becomes impossible to reach a settlement, your divorce case may have to go to trial. This will result in the court issuing a judgment on the division of assets, support, and child custody. This can also extend the divorce process much longer than you may have hoped.

4. The Divorce Decree

After the negotiation phase or the court makes a ruling at trial, a Decree of Dissolution of Marriage will be issued. This ruling will set the final terms of child custody, child support, asset division, and spousal maintenance. Once the court issues the Decree of Dissolution, your marriage is officially over.

An uncontested divorce will take a minimum of 60 days from the date when the original Petition for a Dissolution of Marriage is served onto the other party. More complex divorce cases that involve children or high-value assets can take much longer. Some divorce cases can take years if they go to trial.

Going through a divorce is a major life event, but you don’t have to go through it alone. An experienced Maricopa County divorce lawyer can be your asset to help you at every step of the way as you go through the process. The proceedings can feel cold and detached, so you want an attorney with compassion for your situation, who is an advocate for you and is not afraid to negotiate a fair settlement on your behalf.

frequently asked questions about divorce

Is Arizona a ‘No-Fault Divorce’ State?

Arizona is a “No-Fault” state when it comes to divorce. The no-fault provision means that it does not matter to the courts why you want to get a divorce. You do not need to prove that your spouse has done anything wrong, such as infidelity or developing a drug habit. One person will not be awarded any more or less assets as a result of these issues in the dissolution. You only have to state in the Divorce Petition that the marriage is “irretrievably broken” and that you have irreconcilable differences with your spouse.  Only one person has to want to get divorced for the divorce to go through. 

Although it has no bearing on the division of assets, issues such as drug abuse or domestic violence and similar issues do matter when it comes to determining legal decision making and custody of child(ren).

What is Considered Fault in a Covenant Marriage Divorce?

The vast majority of divorces that happen are no-fault divorces. Many people have a misconception about this because of the way that Hollywood portrays divorce in TV shows and movies. In a covenant marriage, the divorcing spouse has to allege one or more of the following as fault, or grounds for the divorce:

• Substance abuse
• Adultery
• Felony conviction resulting in imprisonment
• Physical or sexual abuse
• Spousal abandonment
• Living separate and apart from the other spouse for a minimum of two years
• Living separate and apart for at least one year under a legal separation
• The parties mutually agree to end their marriage 

If you have any questions about filing for a divorce from a covenant marriage, be sure to consult with an experienced Arizona divorce attorney.

How Long Do I Have to Live in Arizona Before Filing for Divorce?

There is a minimum amount of time that a Petitioner or Respondent must live in Arizona before they can file for divorce. One of you is required to reside in Arizona for at least 90 days before you can file a Petition for Dissolution of Marriage.

Contact an Experienced Arizona Divorce Attorney

At Benjamin Legal, our experienced team of Arizona divorce lawyers is here to be your advocate in navigating the family court system during a divorce, separation, or annulment. Contact our office at (602) 671-7409 to schedule a consultation and discuss your case with one of our attorneys.