The decision to divorce may take months, even years, to reach. Once you have decided with certainty that you want to end your marriage, you need to take the decision out into the world by filing for divorce. Your first step is to make sure that a court even has the authority (jurisdiction) to hear your divorce case. For the court to have jurisdiction over the dissolution of your marriage, either you or your spouse (or both) must have lived in Arizona for 90 days pursuant to Arizona Revised Statute § 25-312.
If you want to file a divorce in Maricopa County, but don’t yet meet the residency requirements, it’s possible to file for a legal separation and then revise your petition to ask for a divorce when residency requirements are met. This might happen in a scenario where a couple physically separates, and one person moves to Maricopa County and wants the divorce to be decided there.
Starting the Divorce Process in Arizona
You will need to file a “Petition for Dissolution of Marriage” and related initial documents with the Superior Court or the Southeast Court Complex (if you are in the East Valley). As of this writing, the filing fee for the petition is $234. There is no legal or tactical benefit to filing for divorce first, except insofar as you prefer the case to be filed in a certain county.
After the Petition for Dissolution of Marriage is filed, copies of all the papers must be served on your spouse unless service is waived in writing and filed with the court. Your spouse has 20 days (if served in Arizona) or 30 days (if served outside of Arizona) to respond to the Petition for Dissolution of Marriage.
If your spouse fails to file a Response within those 20 days, the other spouse can apply for a default. After a request for default is filed, your spouse only has 10 days to file a Response or risk the divorce being granted on all the terms of the petitioning spouse. Failing to respond won’t stop the divorce; the case will simply proceed without your spouse’s input.
If no Response is filed at the end of the “cooling off” period of 60 days after the Respondent is served with the divorce papers, the Petitioner may obtain a Default Decree of Dissolution of Marriage. If your spouse responds in a timely fashion, you’ll exchange information about assets, debt, and financial matters. You and your attorneys may negotiate a settlement; if you’re able to do so, you’ll avoid a trial. If you can’t reach an agreement on all issues, there will be a court hearing in which evidence is presented, and the judge makes a ruling on all disputed issues.
Do you need a lawyer to file for divorce?
In some very straightforward cases, you can file for divorce on your own and have a successful outcome. Everyone is entitled to represent himself or herself in a divorce. However, if you represent yourself, the court will expect you to follow all laws and the correct procedures that apply to your case, even if you are not an attorney. If you do not follow the correct procedures, you could lose important rights and the ability to request certain benefits forever. If your case goes to trial, and you do not follow the correct procedures, the judge may not allow you to present certain evidence or call witnesses. Court personnel and judges are not allowed to give you legal advice. If you do not understand the laws or court procedures, it is highly recommended you call an attorney for assistance. A good lawyer will be focused on your needs and on helping the divorce proceed as quickly and peacefully as possible while still protecting your interests. A lawyer will help you understand the legal implications of what you’re agreeing to and what you’re giving up. An attorney will also be much more familiar with the divorce process and court procedures, which can save you time, money, and aggravation. We invite you to contact our attorneys at Shaffer Family Law for an initial consultation to learn how having the right attorney can make filing for divorce in Arizona easier for you. Contact us today online or call us at (480) 470-3030.