Arizona does not require you to be separated from your spouse before you can get divorced. You do, however, have to wait for a period of time before your divorce is finalized.
When looking at the length of the marriage, Arizona judges generally classify whether the marriage was long-term or not. A marriage of less than 10 years may be considered short-term and will likely result in a smaller alimony payment.
Step 1 - Introduction and first court papers. Step 2 - How to serve the first court papers. Step 3 - How to respond to a divorce, set a default hearing, submit a consent decree, prepare for trial. Step 4 - How to compete the divorce process, including the decree (final papers)
Does It Matter Who Files First for a Divorce in Arizona? From a purely legal standpoint, it generally does not matter who files for a divorce first in Arizona.
How is Alimony Determined? The court takes into account a number of financial and work-related issues pertaining to both parties in a divorce. Depending on the length of the marriage, the party's income levels, and work history, the court may (or may not) decide to include maintenance as part of the divorce settlement.
Adultery Is A Crime In ArizonaAdultery is a class 3 misdemeanor in Arizona, which means it may lead to jail time and other criminal penalties.
To file for divorce in Maricopa County you simply need to file a Petition for Dissolution of Marriage which costs $349. If you are on the receiving end of the divorce petition it will cost you $274 to file a response.
If you got married in Arizona before, August 21, 1998, your marriage is a non-covenant marriage. Married couples do have the option of converting their non-covenant marriage to a covenant marriage. However, couples who are in a covenant marriage are not able to turn their marriage to a non-covenant marriage.
How Can You Get A Divorce In A Covenant Marriage?
- Adultery.
- Felony conviction and sentence to imprisonment or death.
- Abandonment of the matrimonial domicile for at least a year.
- Domestic violence or emotional abuse.
- Spouses lived separately and apart continuously and without reconciliation for at least two years.
Arizona law allows married couples to request a legal separation instead of a divorce. If you have been a resident of Arizona for at least 90-days, you can file a petition (request) for legal separation (with or without children), in the county where you reside.
You can only get a divorce if you've been married for at least one year. You might be able to get divorced without needing a solicitor or going to court if you and your ex-partner can agree you both want a divorce, and on the reason why. You'll still have to pay the divorce application fee.
To start the divorce process, the spouse who wants the divorce would have to file a petition through their local branch of the Arizona Superior Court at which point there would be an initial fee of $216 to submit – additional fees may apply depending on your county.
Petitioner requests the Court enter a decree by default without a hearing pursuant to Arizona Rules of Family Law Procedures, Rule 44(B)(1). This motion is based upon the attached affidavit, and seeks entry of an appropriate decree awarding the relief requested in the petition or as agreed to by the parties in writing.
Arizona makes an exception to the 50/50 rules where each spouse takes half the assets and debts if one spouse has committed waste (reckless spending) of marital assets. For example if one spouse spent $100,000 of marital assets gambling, a judge may reduce the gambling spouse's property award by $100,000.
The vast majority of divorces in Arizona are "no-fault," which means that it's not necessary to prove marital misconduct (like adultery), or that an innocent spouse was harmed. The courts won't even consider evidence of wrongdoing. They will simply grant a divorce and end the marriage.
A divorce can take anywhere between 3 and 24 months depending on whether it is contested or uncontested. The average uncontested divorce takes 3 months. The average contested divorce takes 12 months. The amount of time varies according to the judge, the county, and the will of the parties to speed things up or delay.
How long does an online divorce take? A divorce filed online can take anywhere between 3 and 24 months depending on whether it is contested or uncontested. The average uncontested divorce takes three months.
Are Arizona Divorce Records Public Information? Divorce Records in the state of Arizona are generally considered court records and thus are open to members of the public. However, in some cases, a judge may deem it fit to grant a petition to seal a divorce record.
Schedule of Basic Support Obligations
| Combined Adjusted Gross Income | One Child | Five Children |
|---|
| $1,000 | $225 | $480 |
| $1,050 | $235 | $500 |
| $1,100 | $245 | $521 |
| $1,150 | $255 | $541 |
Is Arizona a Mother's State? No, Arizona is not a Mother's state. A judge in Arizona is not allowed to consider the gender of either parent when making a child custody order.
The legal age for marriage in Arizona is 18. To obtain a marriage license in the State of Arizona, an engaged couple must appear in person together at one of the Justice Court offices. Both parties must be present to obtain a marriage license. Both parties must provide a valid government-issued Photo I.D.
How Much Does a Divorce Lawyer Cost in Arizona? Divorce lawyers in Arizona cost between $250 to $550 per hour on average. However, if you hire an experienced divorce lawyer in AZ, average lawyer fees can be much as $400 to $750 per hour.
