A guide to arizona divorce

Arizona is "no-fault" divorce state, where "irreconcilable differences" is sufficient cause to file for dissolution of a marriage.

Arizona is one of the states where ending a marriage is a relatively simple and straightforward process. It's a "no-fault" divorce state, where "irreconcilable differences" is sufficient cause to file for dissolution of a marriage.

In Arizona, either spouse can ask the court for a divorce, since a divorce is not awarded to either spouse, but is a process that legally changes the status of the marriage.

One of the spouses must file with the Clerk of Superior Court in the county where they live; a written request called a "Petition.", a form requesting the State of Arizona to legally end a marriage. There's a mandatory filing fee of $171.00; some counties require additional fees. If you can't afford to pay the filing fee, you can request court to defer (postpone) or waive payment. This requires filing a written application with the Clerk of Superior Court.

The spouse who files the initial petition is called the "Petitioner." The other spouse is called the "Respondent" because that spouse can file a "Response" answering the Petition. According to Arizona law, a Response must be filed within 20 days of the date that the Summons and Petition are served on the Respondent, or within 30 days if he or she was served in another state.

Arizona law also requires that four other documents must be prepared before you file the Petition:

1. Summons. Legal document informing the Respondent that a divorce case has been filed.

2.Notice of Right to Convert Health Insurance. A notice about rights and responsibilities regarding any health insurance policies that cover the couple.

3. Joint Preliminary Injunction. A court order that automatically takes effect when the divorce case is filed. Both spouses are prohibited from various legal actions regarding things involving money, community property, children and insurance.

4. Creditor Notice. Each spouse must receive a notice advising about rights and responsibilities regarding debts acquired during the marriage.

After the Petitioner files the paperwork, the other spouse must be "served"—given copies of all the official documents. The best way to do that is to deliver (or have delivered) copies directly to the Respondent or to a responsible party who lives or works at the same address—a parent, roommate, secretary, etc.

If you have children under 18, both spouses must attend a mandatory Parent Education Program that lasts around four hours. The programs vary from county to county, but they were established in 1996 to educate parents about the impact of divorce on children.

In an "uncontested" divorce (when both sides agree on all aspects) it takes about 90 to 120 days to receive a final decree. Couples are free to agree to as many terms of the divorce as possible. It's in your best interests to do this as much as possible, since it simplifies the procedure.

A 60-day waiting period follows the filing and service of the initial dissolution documents. After that, the court, either following a hearing or after reviewing the documents, must sign the final decree. If the couple has major disagreements about property, alimony, child support and custody, etc., it may take a lot longer.

The Decree is the final order of the Superior Court officially ending the marriage. You are not legally divorced until the court grants the divorce and the judge signs the decree.