The steps to divorce or dissolution of marriage in Arizona can be complex, depending on your situation. If your divorce involves minor children, significant property, and debts, you are likely to need the assistance of an Arizona family law attorney. An Arizona divorce lawyer at Provident Law® can review your personal and financial situation and answer the many questions you are likely to have during this challenging time.
Step 1: Eligibility for Filing for Divorce in Arizona
First, you must determine whether you are eligible to engage in the divorce process in Arizona. Either you or your spouse must have lived in Arizona for at least 90 days before you can file for divorce. A service member stationed in Arizona for at least 90 days also meets the residency requirement.
Arizona is a no-fault divorce state. As a result, you don’t need to give a specific reason to file for divorce. You simply must state that your marriage is “irretrievably broken.” The only exception to this general rule exists in a covenant marriage, in which you must prove specific grounds for divorce as designated by law.
Step 2: How to File for Divorce in Arizona: Filing Your Paperwork in Court
If you are filing for divorce, you are the Petitioner. You must file for divorce in the county in which the Petitioner lives.
You must give your spouse proper legal notice of the divorce, which is referred to as service of process. Several delivery methods are acceptable to serve your spouse with notice of a divorce, such as personal delivery by a private process server. After successfully serving your spouse, you must file proof of service with the court.
Step 3: Consider Whether to Ask for Temporary Orders
Some spouses ask the court to enter temporary orders during the divorce proceedings. For instance, you might ask for a temporary order on custody, visitation, and child support for your minor child(ren). You might ask for a temporary order about which spouse should stay in the marital home and pay certain bills during the divorce. It can take a few months for a court to enter temporary orders, although you can sometimes ask for emergency orders.
Step 4: Engage in the Discovery Process
Both you and your spouse can receive certain information about your divorce from each other. For example, you can get documentation of marital assets and debts and what your spouse believes is separate property. Each spouse also may need to answer written questions about their children, property, and debts.
Step 5: Review Marital Assets and Debts
Under Arizona law, assets and debts acquired during the marriage are considered community property. Assets include real estate, retirement plans, bank accounts, vehicles, and personal property. In an Arizona divorce, each spouse is entitled to a one-half interest in marital property and is equally liable for marital debts. Therefore, accurately listing all assets and their market values, as well as all debts and outstanding balances, is crucial to properly dividing property and debts in a divorce.
Some property remains separate property of one spouse or the other. Separate property belongs to the spouse who owns it and is not divided in the divorce. A spouse must have evidence that the property is separate to keep it from being considered community property.
Step 6: Spousal Maintenance
Spousal maintenance or spousal support occurs when one spouse pays the other spouse a specific amount of money regularly to help support them. Do not confuse spousal support with child support; they are separate issues that have no bearing on one another. A court most often orders spousal support after a long-term marriage when one spouse has given up a career to make non-financial contributions to the family, such as caring for the marital home or raising the parties’ children.
Step 7: Address Matters Related to Your Minor Child(ren), including Custody, Parenting Time, and Child Support
Physical custody, or where the children live, can be with one parent or jointly with both parents. Likewise, legal custody, or the decision-making authority for the child, can be with one parent or jointly with both parents. When parents cannot agree, custody and parenting plans depend on what arrangement is in the child’s best interests.
A.R.S. 25-403.02 addresses parenting plans for minor children. If parents cannot agree on a parenting plan, then each parent must submit a proposed one to the court. Parenting plans must contain the following minimum elements:
- Designation of the legal decision-making as joint or the sole right of one parent.
- Each parent has rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care, and religious training.
- A practical schedule of parenting time for the child, including holidays and school vacations.
- A procedure for exchanging the child, including location and responsibility for transportation.
- A procedure by which proposed changes, relocation of where a child resides with either parent, disputes, and alleged breaches may be mediated or resolved.
- A procedure for periodic review of the plan’s terms by the parents.
- A procedure for communicating with each other about the child, including methods and frequency.
- A statement that each party has read, understands, and will abide by the notification requirements of section 25-403.05(B), which relates to access to the child by a convicted or registered sex offender or a person convicted of a dangerous crime against children.
Both parents must contribute financially to raising their child. The amount of child support is set according to Arizona’s child support guidelines.
Step 8: Take the Parent Education Class (if you have minor children together)
All divorcing spouses who have minor children together must take a court-approved parent education class. You will receive a certificate of completion at the end of the class, which you must file with the court.
Step 9: Finalize Your Divorce
Once you file for divorce, if your spouse lives in Arizona and signs an Acceptance of Service, they have 20 days to respond. However, if your spouse lives in another state and signs an Acceptance of Service, they have 30 days to respond. If you cannot locate your spouse and must serve them by publication or putting a notice in the newspaper, your spouse has 50 days from publication to respond if they live in Arizona or 60 days if they live out of state. You cannot finalize your divorce before the applicable period has passed.
You can finalize your divorce by negotiating and signing a written settlement agreement that addresses all matters related to your divorce. You and your spouse sometimes will mediate with a neutral third-party mediator to resolve your differences and reach a settlement.
If you cannot settle, then your case will go to trial. Each spouse will present evidence, call witnesses, and testify. The judge will decide on any issues you and your child’s other parent cannot resolve.
Contact Us Today for Help with the Divorce Process in Arizona
The divorce lawyers of Provident Law® have over 250 years of combined legal experience representing clients in various legal matters, including Arizona family law cases. We aim to build a long-term relationship by handling all your legal needs, from divorce and child custody to estate planning and administration. Contact a divorce attorney in Arizona today by calling (480) 388-3343 or reach out to us online to schedule a time to see what we can do for you.