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Dissolution of Marriage (Divorce)


A case for divorce is started by the filing of a petition along with other related initial filing documents.
 
The petition varies, depending upon whether you have an Arizona Covenant Marriage or Non-Covenant Marriage; it also varies depending upon whether you have children, if wife is pregnant, or whether you have no children. Other important criteria:                  

 
  • For Arizona to take jurisdiction, at least one of the parties must have been domiciled in Arizona for at least 90 days prior to filing a petition for dissolution;
  • Members of the Armed Forces, whose residency is in Arizona, may also file for divorce in Arizona no matter where they are stationed outside of Arizona;
  • The grounds for Arizona a non-covenant divorce is that the marriage is irretrievably broken and there is no reasonable prospect of reconciliation. The only defense to a petition for divorce is that the marriage is not irretrievably broken. The statutes provide that a spouse may request an evidentiary hearing on irretrievable breakdown.
  • The statutes require the the petitioner allege that the parties have attempted to resolve their differences through Conciliation Court, or that utilizing Conciliation Court services would not work.
  • There is a statutory 60 day "cooling off" period that the parties must wait for before requesting a hearing or entering a Decree. 
  • If there are minor children common to the parties, both parties must attend a Parent Information Program and file their Certificate of Completion with the Court.
  • If there are minor children common to the parties, the children should have resided in Arizona for at least 6 months prior to filing for divorce (or other requirements of A.R.S. § 25-1031, Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA")). 
  • The court will equitably distribute the parties' property and debt. Arizona is a community property state and property acquired or maintained by the labor and finances of the parties during the marriage is presumed to be community property. This presumption is rebuttable by clear and convincing evidence. Equitable division does not always mean 50/50. The court will also make findings and orders regarding spousal support (alimony), if appropriate under the facts of the case.
  • Debt acquired during the marriage is generally community debt regardless of whose name it is in.
  • The court will enter orders regarding child custody, parenting time, and child support, and the court retains exclusive and continuing jurisdiction over the matters involving the minor children until emancipation. 
 
Call (480) 420-4LAW or (480) 420-4529
Contact us to begin your divorce paperwork today!
(or follow the instructions on this page, below)


It's Easy as 1-2-3 to Start Your Divorce Paperwork Now!

1  Select one of the following divorce procedures below, and pay online for the procedure using a debit or credit card on a secure server. 
After payment, you will be taken to a page where you will download the intake form and the Agreement for Services. Complete the intake form, sign the Agreement for services, and gather together any paperwork that you feel we need to see (such as existing court order).
3. Once you return the paperwork to us (by fax, scan/email, or regular ground mail), then we will commence your paperwork!

Both the "standard" and the less expensive "internet" prices are listed - we have reduced the price for those who are willing to work over phone, internet, fax and delivery service. Since we save time in this manner, we are willing to pass our savings onto you!
(QDRO's are not included in any pricing, but are extra!)

NON-COVENANT MARRIAGE-NO CHILDREN
Choose from the following:
 
Uncontested Divorce - No Children, by Default, Petitioner Attends Hearing. 
Hearing for Petitioner set after expiration of 60 days from the date of service of the petition. Decree handed to Petitioner at the default hearing.
Choose level of service you would like:

 
Uncontested Divorce -  No Children, by Default-Rule 44, No Hearing.
No Service by Publication, No Spousal Maintenance.No Hearing - Decree submitted to court after expiration of 60 days from the date of service of the petition. Motion filed and court must rule on motion and enter Decree, then mailed to parties once signed. 

Choose level of service you would like:

Consent Decree -  No Children, Parties Agree, No Court Appearance. 
Parties sign Consent Decree, Both Pay Clerk of Court Filing Fees, notarized Consent Decree submitted to Judge after expiration of 60 days from the date of service of the petition. Decree mailed to parties from court after judge signs. 

Choose level of service you would like:

 
By Publication -  When Whereabouts of Other Spouse is Unknown. No Children, Court Appearance is Required.
When whereabouts of other spouse is unknown, it is necessary to do your 'due diligence' investigation first to locate your spouse before you publish. You will need to publish in Maricopa County and in the county of the last known whereabouts. Cannot divide property, debt or make orders regarding spousal support without the other spouse present.

Choose level of service you would like:







Watch this 2 min. video about petitions for dissolution of marriage in Arizona: