Divorce is never easy. The following is a list of frequently asked questions about getting a divorce in Arizona. The information provided is for general information purposes only and does not constitute legal advice, nor is intended to give legal advice.
What is a divorce?
Getting a divorce in Tucson is known as a “dissolution of marriage.” A divorce in Arizona dissolves the marriage and restores the parties’ relationship status to single. A divorce case also divides community property and debts, and makes a determination in regards to alimony (spousal maintenance). Divorce cases that involve minor children also include orders regarding custody (legal decision-making), parenting time, and child support.
Who can file for divorce in Arizona?
You or your spouse may file for divorce in Arizona. Divorces are granted to Husband and Wife, respectively, regardless of which spouse files for divorce.
Do I need a reason to file for divorce in Arizona?
In Arizona, neither party is required by law to show marital misconduct in order to file for divorce (unless you have a covenant marriage). However, the spouse filing for divorce must state that the marriage is irretrievably broken and there is no reasonable prospect of reconciliation.
If the marriage is a covenant marriage, the court must find that certain requirements are met, unless both parties agree with the divorce proceeding. Please contact our office if you need a list of the grounds for dissolving a covenant marriage (divorce).
When can I begin the Divorce Process in Arizona?
Arizona has a 90-day requirement which much be met prior to filing for divorce. Either party must live in Arizona for at least 90 days or have been a member of the armed forces stationed for at least 90 days prior to filing for divorce. Divorce cases with minor children may have a longer residence requirement when dealing with issues regarding custody (legal decision making), and parenting time. Please contact our office if you have questions about the residence requirement with minor children.
How long does the divorce process take in Arizona?
Arizona has a 60 day waiting period which begins after the date of service. The Court will not grant a divorce until the 60 day waiting period has expired regardless of whether the divorce is agreed upon or not. Uncontested divorce proceedings can be finalized soon after the sixty day waiting period. If the divorce is contested, the duration of the process will be dependent on the Court’s schedule and the complexity of the contested issues.
Can I represent myself?
Arizona allows you to represent yourself in your own divorce proceedings, from filling out all forms, petitions, and motions, to attending court hearings before a judge. However, keep in mind that all documents must be filed properly and on time, and must conform to the Arizona Rules of Family Law Procedure.
Can a paralegal (document preparer) help me with my divorce in Arizona?
In some cases, it may not be necessary to hire an attorney to prepare your divorce documents and assist you with the divorce process. Certified Legal Document Preparers (paralegals) can provide you with the help you need at an affordable price.
Need additional information regarding the divorce process in Arizona?
If you have additional questions about filing for divorce in Arizona, please contact us at (520) 622-0200 or via email at firstname.lastname@example.org. Our Paralegals are here to answer your questions and provide you with the resources you need to file for divorce.