Divorce is known as “dissolution of marriage.” It is governed by state law. This is why process varies. Here’s a general outline of how the process works in Arizona as of 2021:
Residency Requirement for Divorce
At least one spouse must have resided in Arizona for at least 90 days prior to filing for divorce.
Petition for Dissolution of Marriage
The divorce process begins when a petitioner spouse files a petition with the clerk of the superior court. It is called Petition for Dissolution of Marriage. This document states the reasons for the divorce and what the petitioner is asking for, such as:
- Division of property and debts
- Child custody
- Spousal maintenance, etc.
The filing spouse must pay the filing fee. Fee waivers are sometimes available for those who can’t afford it.
Service of Divorce Process
The respondent spouse must be formally notified of the petition. A third party will send a copy of the divorce papers to the respondent.
Response
The respondent spouse has 20 days to file a response with the court. The response period can extend up to 30 days if the respondent is out of state. Failure to respond would mean that the petitioner may obtain a default judgment.
Temporary Orders
The court may issue temporary orders upon request by either party. These are immediate decisions about children, property, etc.
Discovery
This period is for both parties to gather information about each other’s assets, debts, income, and other relevant matters.
Negotiation
This is when parties try to negotiate a settlement. It can be an informal negotiation or through a mediation.
Divorce Trial
The case will proceed to trial if the settlement process fails. Each party will present evidence and arguments. Finally, the judge will make the final decision on all unresolved issues.
Final Decree
The court issues the final decree of dissolution of marriage. This means the marriage has legally ended. The decree will detail provisions for division of property and debts, child custody and support, spousal maintenance, etc.
Consult with a legal professional to make sure you understand all the obligations and any legal concerns attached to the divorce process.