| STATE PROCEDURES |
| How much is the filing fee in Arizona? |
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The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Arizona varies from county to county, but is typically $158.00-$353.00.
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| What is a covenant marriage? |
As of August 21, 1998, the Arizona legislature created a new type of marriage called "covenant marriage." A marriage that occurred in Arizona on or after August 21, 1998 is only a covenant marriage if all of the following are true:- Both husband and wife signed a document requesting to have a covenant marriage;
- Both husband and wife attended premarital counseling; and
- Your marriage license says you have a covenant marriage.
If your marriage occurred before August 21, 1998, you do not have a covenant marriage unless you and your spouse filed a request to have your marriage converted to a covenant marriage.
Couples with non-covenant marriages can seek a divorce on the ground of irreconcilable differences. Couples with covenant marriages can seek a divorce on the ground that both spouses agree to the divorce.
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| What is considered to be the date of separation in Arizona? |
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The term "separation date" sometimes refers to the date when the spouses stopped living at... more
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| Will either of us be required to attend a court hearing? |
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No. Since the you and your spouse will sign a Decree of Dissolution consenting to finalization of the divorce, the Judge usually signs the Decree without a final hearing. Arizona Statutes 25-329.
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| How do I serve my spouse with the divorce papers in Arizona? |
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Petitioner mails or hand-delivers the divorce papers to the Respondent. Then, the Respondent signs an Acceptance of Service, which is included in the DivorceWriter package, in front of a Notary Public before it is filed with the Court Clerk.
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| What documents are included in the self-prepared Arizona DivorceWriter package? |
Your self-prepared Arizona DivorceWriter package will include:- Detailed filing procedures for Arizona
- Petition for Dissolution of Marriage
- Summons
- Preliminary Injunction
- Notice of Right to Convert Health Insurance
- Creditor Notification
- Sensitive Data Sheet
- Acceptance of Service
- Consent Decree of Dissolution
- Customers with minor and/or legally dependent children will also receive: Child Support Worksheet, Child Support Order, Child Custody Affidavit, Parenting Plan
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| The Clerk has advised me to file Packet 4. What does this mean? |
In Arizona, the Court Clerks often refer to the documents filed in a divorce in stages or packets. The packets in Arizona are as follows:- Packet/Step 1 - Introduction and first court papers
- Packet/Step 2 - How to serve the first court papers
- Packet/Step 3 - How to respond to a divorce, set a default hearing, submit a consent decree, prepare for trial
- Packet/Step 4 - How to complete the divorce process, including the decree (final papers)
So, generally speaking, when the Clerk advises the Petitioner to file Packet 4, it means that if Petitioner has not already done so, he or she should file any remaining divorce documents. If you have filed all of the documents that were included in your DivorceWriter package, you may have already filed your Packet 4 documents and may not necessarily need to file anything else. If you have additional questions, you may wish to advise the Clerk that you believe you have already filed all Packet 4 documents and ask for the name of any documents that the Clerk's office shows as missing from your file.
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| What are the Arizona residency requirements for filing for divorce? |
To meet the 90-day domicile requirement, you or your spouse must have been domiciled in Arizona for at least 90 days prior to filing this document.
To be domiciled in Arizona:- Arizona must be your primary place of residence;
- You must not maintain a primary residence in another state;
- You must have moved to Arizona with the intention to remain here for an indefinite period, that is, this was not intended as a temporary stop with a definite, planned departure date; OR
- One of you must have been stationed in Arizona while a member of the U.S. military.
Papers should be filed in the county where the person petitioning for the dissolution resides.
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| What are the grounds for filing for divorce in Arizona? |
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A non-covenant marriage in Arizona can be dissolved on no-fault grounds if the parties agree that the marriage has suffered an irretrievable breakdown, which essentially means that there is no reasonable prospect for reconciliation. Arizona Statute 25-316.
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| CUSTODY, VISITATION, SUPPORT |
| What if we each want to have our home designated as the primary residence? |
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Even if you want to share joint physical custody with your spouse, one parent's home must be designated as the primary residence for child support purposes. If you choose the option for both parents' homes to be primary residences, then the primary residence will be with whichever parent has the greater number of overnight visits with the minor child(ren). This designation will be for child support purposes only. You will be asked to list the number of overnight visits that each parent expects to have later in this interview.
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| What are the different types of custody in Arizona? |
- "Joint custody" means joint legal custody or joint physical custody, or both.
- "Joint legal custody" means both parents share legal custody and neither parent's rights are superior, unless the parties choose to have one parent have superior rights regarding certain decisions such as education, religion, extra curricular activities, etc.
- "Joint physical custody" means the physical residence of the child is shared by the parents so that the child has substantially equal time and contact with both parents.
- "Sole custody" means the condition under which one person has legal custody.
- "Parenting time" occurs when a parent has the right to have a child physically placed with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care consistent with the major decisions made by a person having legal custody.
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| When does the duty to support end? |
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There is a duty to support any living children, natural or adopted by you and your spouse, that are under 18, or that are over 18, but not yet 19, and still attending high school (or a certified high school equivalency program) and any children who are mentally or physically disabled to the extent that child support should continue past the age of majority of the child.
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| How is child support calculated in Arizona? |
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Based on the information provided by the customer when completing the Arizona online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. See Child Support Guidelines and Arizona Revised Statute 25-320 for additional information on child support calculation in Arizona.
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| What if my spouse and I have agreed to a child support amount that is different from the standard amount? |
See Arizona Statute 25-320(D), which provides a list of factors, one or more of which may be used to justify a child support amount that is different than the guideline amount.
The DivorceWriter online interview shows you the child support calculation under the guidelines. Then, the customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount as well a reason for using a different amount.
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| Where can I find more about the required Parent Education Class? |
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Additional information on the required Parent Education Class for divorcing parents is available at: Parent Education Class.
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| What is an ATLAS number? |
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ATLAS stands for "Arizona Tracking and Location Automated System." Every divorce case involving child support is assigned a ATLAS number. If you do not know your ATLAS number, contact the Department of Child Support Enforcement (DCSE) Customer Service line at 602-252-4045 to obtain the ATLAS number assigned to your case.
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| PROPERTY AND DEBTS |
| What options do we have for our real estate? |
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The DivorceWriter online interview provides an array of options for disposing of your real... more
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| SPECIAL CIRCUMSTANCES |
| What if one spouse is living in a foreign country? |
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If your spouse is able to receive documents in the mail and is willing to sign and return ... more
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| What if one spouse is in the military? |
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If both parties are willing to sign the papers, ending your marriage when a spouse is in t... more
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