Photo from Unsplash

Originally Posted On: https://desertlegalgroup.com/blog/divorce-papers-arizona/

Divorce Papers and Filing FAQs

Going through any family court proceeding can be challenging, as family court cases involve changes to some of our closest relationships. However, the legal process of divorce can be particularly overwhelming during an already emotionally trying time. It can also prove to be incredibly difficult and time-consuming to handle by yourself, especially if you have a more complex case and are unfamiliar with how to file for divorce and the other paperwork required to make a divorce legal.

If you are unsure how to initiate the divorce process, where to file, or what happens after you have served your divorce papers, it is crucial that you obtain a better understanding of how the divorce filing process works.

Divorce Papers and Filing FAQs

Filing for a divorce can lead to a number of important questions, the answers to which ensure that the legal process is followed appropriately. These are some of the most common questions we field regarding divorce and filing for divorce in Arizona.

How Do I Start the Divorce Process?

The first step in the divorce process is to file a divorce petition with the court, even if both spouses agree to the divorce. You must have your spouse served with the divorce petition, which constitutes their notice; typically, this occurs via process server, law enforcement, or even via registered mail. The spouse who files is called the petitioner, and the other spouse is the respondent.

Can I File for Divorce Online?

Yes, most states have an online filing system or e-portal available for filing divorce papers. While you can complete the petition with some simple information about yourself, it is crucial to adhere to proper procedures and all filing deadlines. For this reason, the DIY approach is not ideal for most couples.

Can I File for Divorce by Mail?

Yes, you can mail your forms and filing fee to the Family Courts and Services Center. However, mail can take 6 to 8 weeks to process. In Arizona, the petitioner must serve the divorce papers to the respondent within 120 days of filing for divorce, a timeline that is at risk if you choose to self-file without the help of an attorney.

What Do I Need to File a Divorce Petition?

When you are assembling a divorce packet, you will need to complete and file seven documents, which include the original Petition for Dissolution of Marriage, the Preliminary Injunction in Divorce, the Sensitive Data Sheet, a notice to creditors, a notice of right to convert health insurance, a parent information program class notice, and a summons. This last document is an official notice to appear that lets the respondent know that a divorce petition is underway.

What Happens After I Serve the Divorce Papers?

After you serve the respondent with the divorce petition, they have 21 days to file an answer with the court. This is a statement that tells the court whether the respondent agrees or disagrees with what you say in your complaint. Their answer determines whether the divorce will be contested (the other party does not wish to divorce or disagrees with various points) or uncontested (no disagreements). The respondent should mail a copy of their answer to you, but your attorney can contact the Family Court Central Intake Center to see if your spouse has filed a response.

How Long Will the Divorce Take?

The length of time your divorce will take depends on a variety of factors, including the family court’s schedule, whether the divorce is contested or uncontested, whether or not there is a waiting period still in effect, and whether you have reached a settlement or intend to litigate the terms of your divorce. Arizona state law requires a 60-day minimum waiting period before a divorce can be finalized. Uncontested divorces typically take somewhere between 90-120 days to complete, while contested divorces can take months or even years.

How Much Will the Divorce Cost?

Similar to determining exactly how long a divorce may take, the overall cost will depend on numerous factors, including the complexity of your case, whether or not you hire a lawyer, whether the divorce is contested or uncontested, and which terms must be settled in court.

While it’s difficult to determine the cost for a divorce as it is heavily dependent on the ability of the parties to come to agreements, our attorneys are trained to communicate not only our initial retainers during your consultation, but also the expected maximum that we anticipate your case may cost.

Can I Get Divorced Without a Lawyer?

Yes, you can complete the required paperwork and attend any required hearings without the help of an attorney. However, it is highly recommended that both spouses hire an experienced divorce lawyer to ensure that the settlement reached is not only fair and agreeable but in the best interests of those involved. An attorney can help you ensure you file documents correctly, meet the necessary deadlines, and advocate for your interests in court.

What Are the Essential Steps to File for Divorce?

Here are the essential steps required for filing for divorce in Arizona:

• Petition – The first step in the divorce process is to file a divorce or dissolution of marriage petition with the court.
• Service – Once you have filed a Petition for Dissolution of Marriage, you must have the papers served to the other spouse, either by mail, a process server, a sheriff, or by publication
• Preliminary Injunction – A preliminary injunction must be filed to prevent either spouse from taking any harmful actions financially or against their health.

• Discovery – An Arizona Affidavit of Financial Circumstances and a written statement detailing all of their financial information must be completed.
• Settlement – Negotiation results in a mutually agreeable settlement between spouses.
• Finalization – Once a settlement is reached, your attorney will file the last part of the paperwork so the judge can issue the Divorce Order.

What Is Included in a Divorce Petition?

In Arizona, a petition for dissolution of marriage includes the following information:

• Basic Data – This includes the names of both spouses, the date of the marriage, and any children involved in the marriage.
• Grounds for Divorce – While some states require information regarding whether the divorce was based on fault (such as cruelty or adultery), Arizona is a no-fault state, which means the only necessary grounds for divorce is that the marriage was damaged beyond repair.)
• Property and Debts – The spouses must complete financial disclosures or all property and real estate acquired during the course of the marriage, bank accounts, vehicles, retirement funds, and more. The petitioner also details which spouse they believe should be entitled to each property and responsible for each debt.
• Financials Determinations – The spouses must submit all requests for alimony, child support, or spousal maintenance.
• Child Custody –The petitioner will detail the terms that they seek for child custody and distribution of parenting time, as well as child support.

Do Both Parties Need to Be Present When Filing for a Divorce?

No. In Arizona, only the petitioner needs to be present and sign the initial papers filing for divorce, with the exception of the Acceptance of Service. For this, the respondent can sign the Acceptance of Service after the divorce has been officially filed. If the respondent does not sign, then the petitioner can serve the papers by mail, a process server or sheriff, or by publication.

My Wife Sent Me Divorce Papers. What Should I Do?

As the respondent in this case, you may want to consider filing a response stating whether or not you agree with the divorce and what is written in the dissolution of marriage document. You will have 20 days after the date on which you were served to file the official response (30 days if you reside outside of the state).

If you choose not to respond within the 20-day period, your spouse will be able to file for a default judgment with the court. This can potentially result in the petitioner receiving a favorable settlement under their own terms and without your input.

Regardless of whether you agree with everything in the petition, it is in your best interest to respond in a timely manner and officially state your side. If you and your spouse are not able to reach an agreeable settlement, then the court can either set a hearing or require that you complete additional steps outside of the court, such as marriage counseling or mediation.

How to Serve Divorce Papers to My Spouse in AZ?

Once your divorce paperwork has been properly filed with the county’s Clerk of the Court, you must then provide your spouse with notice and inform them that you have officially filed for dissolution of your marriage.

Here are the most common ways that you can legally serve your spouse with divorce paperwork in Arizona:

• Acceptance of Service – This is the most common approach, in which your spouse simply signs the paperwork in the presence of a notary to officially acknowledge that they have received and accepted the divorce paperwork.
• Service by Mail – You can also send the divorce paperwork by mail to your spouse, but you must receive a signature from them with confirmation that they have received and accepted the documents.
• Service by Process Server or Sheriff – If your spouse is not willing to sign the divorce papers in the presence of a notary or by mail, then you have the option to pay a professional process server or a registered sheriff to serve the papers to your spouse and ensure that they are received.
• Service by Publication – This method is usually used as a last resort when your spouse has been unresponsive or unwilling to receive or accept the divorce paperwork or you are unable to locate them. In this case, you can provide official notification by publishing the divorce papers in public sources, such as newspapers.

As soon as your spouse responds to being served the divorce papers, the divorce proceedings can officially move forward. Typically, your spouse has 20 days to respond to or sign the divorce papers after receiving them (30 days if they currently reside out of the state).

If they fail to respond within that period of time, your divorce may be granted by the court by default. This may mean that you could legally achieve a divorce on your own terms.

What Do I Do After My Spouse Files for Divorce?

After being served divorce papers, it is highly recommended that you seek the counsel of an experienced divorce attorney. They will be able to guide you through the remainder of the process and ensure that you actively participate in creating a fair and favorable settlement. During this time, you can gather important financial information that will be used during the case.

One of the first things that your attorney will likely recommend is filing an official response to the dissolution of marriage papers stating the terms you disagree with as well as those you like. You have 20 days after being served the papers to file a response. If you fail to do so within the 20-day period, then you run the risk of your spouse filing for a default judgment with the court, which would potentially grant the divorce under the terms laid out by your spouse.

How Is Child Custody Decided in Arizona?

Child custody in Arizona is decided based on the best interests of the child, as is the case in all states. Unless both spouses have reached a mutual agreement regarding child custody, the family court judge will make a decision that is best for the child. Judges typically consider the child’s relationship with both parents, the presence of any substance use or mental health issues, income, neighborhood, and even the child’s wishes.

Does Arizona Require Separation Before Divorce?

No. Arizona does not require a legal separation before filing for or finalizing a divorce. However, Arizona state law requires a 60-day minimum cooling-off period before a divorce can be finalized, regardless of whether or not the spouses have already been living separately.

Is Arizona a 50/50 State in a Divorce?

Yes, Arizona is a 50/50 state for divorce, also known as a community property state. However, it is important to understand that while some divorces do result in a 50/50 split of assets, each individual case is unique. Community property will be divided equitably, which may not be 50/50.

Trust Our Arizona Divorce Firm to Handle Your Divorce Papers and Filing

The divorce process is challenging, not least because it can be emotionally and financially draining. However, it is often a necessary step towards the next part of your life and creating a new future for yourself. Ensure your divorce process runs smoothly with help from Desert Legal Group.

At Desert Legal Group our team of experienced family law attorneys are here to help you navigate the complexities of the legal process. A skilled divorce lawyer can ensure that your rights are upheld during negotiation or mediation while also handling all the time-consuming paperwork and filings that are necessary for divorce in Arizona. Meanwhile, you can handle the new challenges in your life while knowing that your divorce is moving forward as expected.

Divorce is already hard enough; let our team make the paperwork easy for you. Schedule your consultation today.