Ready to start your divorce papers in Arizona? Gather your information and download the forms today to begin the process.
Get your divorce papersWhat Divorce Papers needs to be valid in Arizona
- Live in Arizona for at least 90 days before filing for divorce.
- Have a legal ground for divorce, such as irreconcilable differences or one spouse's insanity (though most use irreconcilable differences).
- Complete the required divorce forms, including the Petition for Dissolution of Marriage.
- Provide financial information, including a preliminary financial affidavit and child support worksheets if children are involved.
- If you have children, you must complete a parenting education class (if required by your county).
- Serve the divorce papers to your spouse according to Arizona rules (usually by a process server or sheriff).
How to set up a Divorce Papers in Arizona
- Obtain the divorce forms: Download them from the Arizona Judicial Branch website or get them from your county clerk's office.
- Fill out all required forms accurately, including the Petition, Summons, and financial affidavits.
- File the forms with the Superior Court clerk in the county where you or your spouse live. Pay the filing fee (waivers may be available if you meet certain income requirements).
- Serve your spouse with the divorce papers. You cannot serve them yourself; use a process server, sheriff, or have someone over 18 who is not a party to the case deliver them.
- Wait for your spouse to respond. They have 20 days (if in Arizona) or 30 days (if out of state) to respond. If they don't, you may be able to proceed by default.
- If you and your spouse agree on all issues, you can file a Consent Decree and other settlement documents. If not, you'll prepare for a court hearing.
How much it costs
The filing fee for divorce in Arizona varies by county, but it typically ranges from $200 to $350. If you cannot afford the fee, you may request a deferral or waiver using the appropriate forms. Additional costs may include service of process fees and attorney fees if you hire one.
Arizona Divorce Paperwork: Pre-Start Checklist
Before you begin your Arizona divorce forms, gather these key items to avoid common delays. Having everything ready ensures a smoother filing process.
- Meet Arizona's residency requirement: you or your spouse must have lived in the state for at least 90 days before filing.
- Have your marriage certificate, spouse's full legal name, and date of marriage ready for the forms.
- Know which Arizona Superior Court to file in – typically the county where either spouse resides.
- Decide on uncontested divorce: if you and your spouse agree on all terms, you can use the streamlined process; otherwise, expect more steps.
- Prepare financial documents: income, expenses, assets, debts, and any existing separation agreements.
- Plan for notarization: Arizona requires some divorce forms to be notarized, so arrange for a notary before signing.
Questions people ask
How long does it take to finalize a divorce in Arizona?
An uncontested divorce can be finalized in as little as 60 days from the date of service, but it often takes longer depending on scheduling and court backlog. If you have disputes, it may take months.
Do I need to attend court for a divorce?
In an uncontested divorce, you may not need to appear in court if you file the proper paperwork and a judge approves it. However, if you have contested issues, a hearing will be required.
What if I can't find my spouse to serve the papers?
If you cannot locate your spouse, you can request permission from the court to serve them by publication in a newspaper. You will need to show that you made efforts to find them. This process adds time to your case.
Do I need a lawyer to file for divorce in Arizona?
No, you can file for divorce without a lawyer if you are comfortable with the paperwork and process. Many people handle uncontested divorces themselves. However, consulting an attorney for complex issues is advisable.