Guide to the Divorce Process in Arizona
Divorcing can be difficult and expensive. What’s more, trying to find out about the divorce process in Arizona can be overwhelming. This guide will break down Arizona’s divorce laws so that you understand, step by step, the process that you will go through to dissolve your marriage. Often, this process can be completed without even going to court. Arizona gives several options to people who want to negotiate an out-of-court divorce settlement, even for people who have children.
Petition and Response
The divorce process in Arizona begins when the spouse asking for the divorce files a petition with the local courthouse. Petitions for divorce establish both what the grounds for divorce are and what relief is being sought. Grounds for divorce are usually “no-fault” grounds today, which mean that the divorcing spouse will say the marriage is “irretrievably broken.”
The “relief” being sought can take many forms. This will always include a request for the divorce itself, as well as an equitable division of all marital property. In some cases, it will also involve requests for spousal support (commonly called alimony) and child support, as well as child visitation or custody arrangements.
When the complaint is served to the other spouse (the “respondent”), the respondent will have to file a response with the court. This response may be a consent decree—more on that in a minute—or it may make claims for different relief, in which case the divorce is contested and the divorce process in Arizona becomes more complicated.
Child Custody and Parent Education
Child custody arrangements are determined based on what is in the best interests of the child. The divorce process in Arizona requires all divorcing parents, even those who are settling their divorces out of court, to attend a parent education class about the likely effects of their divorce on their children.
Consent Decree
At any time during the divorce process in Arizona, a consent decree can be filed if both spouses can agree on not only how to divide their property, but also on child custody and visitation, child support, and spousal support.
Consent decrees can sometimes be easier for spouses to agree on if the court appoints a mediator to help with the divorce process in Arizona. Mediators can help spouses to understand their options, and a mediated divorce is much more inexpensive than a divorce that goes to trial—typically costing around $1000 or so in addition to the court filing costs of about $250.
Trial
Spouses who cannot negotiate a divorce settlement will present their cases before a judge at a divorce trial. Heavily-litigated trials may take days or weeks, and can be an expensive endeavor for both spouses. Both sides may hire expert witnesses to bring in evidence that pertains to the division of marital property, child custody, or any other issues that the spouses cannot agree on.
After the trial, the judge will issue an official judgment that contains the terms of the divorce. Your divorce is not final until this divorce order is issued.
