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Requirements for Filing for Divorce in Arizona

Wed 2nd Aug, 2023 Arizona Divorce Laws

Arizona has a series of rules and procedures individuals must meet to successfully file for divorce.

The process is methodical and necessitates a firm understanding of the state’s specific laws and regulations. This article aims to provide in-depth guidance on the process of filing for divorce in Arizona.

Arizona Divorce Requirement #1: Residency Requirements for Filing for Divorce in Arizona

As stated earlier, residency is a fundamental requirement for filing divorce proceedings in Arizona. At least one of the spouses must be a resident of the state for a minimum of ninety days before filing.

This requirement ensures that the court has the jurisdiction to make decisions regarding a divorce. If a spouse files before meeting this requirement, the case could potentially be dismissed.

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Arizona Divorce Requirement #2: Arizona is a No-Fault Divorce State

Before filing for divorce, it’s crucial to understand that Arizona is a “no-fault” state, meaning that one doesn’t have to prove the other spouse did something wrong to seek a divorce.

The only claim needed is that they have “irreconcilable differences” and the marriage is “irretrievably broken.”

Arizona Divorce Requirement #4: File a Petition for Dissolution of Marriage in Arizona

The first official step to starting a divorce in Arizona is filing a Petition for Dissolution of Marriage with the Superior Court in the county of residence.

This document outlines the specifics of the marriage and the grounds for divorce, as well as any requests for child custody, property division, and spousal support.

Once the petition has been filed, the respondent or the other spouse must be officially served with divorce papers, which can be done using a process server or sheriff.

The respondent has a specific timeframe (usually 20 days if they reside in Arizona, or 30 days if they live outside the state) to respond. If the respondent fails to do so within this period, the petitioner may request a default judgment from the court.

Arizona Divorce Requirement #6: Completion of the Parent Information Program During the Divorce in Arizona

Requirements for filing divorce in Arizona.

If there are minor children involved in the divorce, the state of Arizona requires both parents to complete a court-approved parenting class.

This requirement aims to help parents and children deal with the effects of divorce. The court will not finalize the divorce until the completion of this class.

Understanding the concept of “community property” is also essential when filing for divorce in Arizona. The state follows the community property law, which mandates an equal division of all assets and debts accumulated during the marriage unless both parties agree otherwise.

This principle applies to houses, cars, retirement accounts, business interests, and other forms of property acquired during the marriage.

It’s worth noting that the requirement for filing for divorce in Arizona can be complex and often emotionally draining. It’s recommended to seek legal counsel to navigate the legalities and ensure a fair settlement.

An experienced Arizona divorce attorney can guide you through the requirements for divorce in Arizona, help you understand your rights and obligations, and advocate for your interests.

While this article provides a comprehensive overview of the requirements for filing a divorce in Arizona, it is by no means exhaustive. Every divorce case has unique circumstances and complexities, and therefore, it’s always in your best interest to consult with a legal professional.

Remember, navigating the path of divorce isn’t easy, but understanding the requirements and process can make the journey less daunting. With the right information and resources, you can make informed decisions that are in the best interest of you and your family.

Hildebrand Law, PC Voted Best Divorce Law Firm in Arizona in Arizona Foothills Magazine

Divorce Attorneys Providing Information About the Requirements of Filing for Divorce in Arizona

If you have questions about the requirements for filing for divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have decades of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your child custody or family law case around today.

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Jason W.
Carlos Noel is a fantastic family attorney. We contacted him based on a personal referral. My family was grateful for his integrity and willingness to listen. He helped us navigate the law and the complex conversations for all parties. When you need an expert in family law, Hildebrand law is a law office you should consider. I think you will discover after your initial conversation why we chose him to represent my family.
Javin G.
Smart and knowledgeable team that provided excellent guidance through the process. I would highly recommend this team.
OMTA
Carlos helped me through the worst time of my life...thank you.
Steve Y.
Benjamin T.
I am very glad I chose Kent Millward and Hildebrand Law to represent me in my divorce. There was some complexity with my case and Kent took the time to understand the situation thoroughly and apply his knowledge of the law to put me in a situation in which I could negotiate a fair settlement. Throughout the process, I was given accurate information about what I should expect and what the viable options were. Kent did a great job of being firm in negotiations and in arguments before the court while also leaving the door open for an eventual settlement. All my interactions with the firm were very positive and I could not have asked for anything more.

I was also represented by Carlos Noel at the firm for estate issues and then some follow-up on my divorce to remove spousal support. Carlos was great, communicated clearly and accurately, and kept fees to a minimum.

I would highly recommend the firm to anyone needing representation in such matters.
Jonathan L.
Had a great experience with Kip Micuda, who has helped me with multiple issues over the course of a decade. Highly recommended.
Lidia K.
I had a complex divorce and custody case that few law firms were willing to take because I work overseas. Carlos Noel and Hildebrand took my case and helped me strategize. While they are not cheap, it's worth every penny. They were responsive and thorough and open to feedback/input. I would highly recommend for anyone looking for experts to help navigate this very confusing and complicated terrain. Thank you Carlos and team for helping me close this chapter of my life with tact and professionalism in less than 1 year!
Elizabeth M.
My husband and I would like to express our profound gratitude to Carlos Noel and the entire team at Hildebrand Law. Over the years, they have been our steadfast navigators through various family matters, from custody agreements to estate planning.

Carlos, alongside Lindsey, his paralegal, have consistently demonstrated the utmost professionalism. Their expertise is matched only by their compassion, making complex legal processes feel manageable and humane.
Whitney M.
I was in a very difficult situation involving divorcing my then husband and fighting for the well-being of my daughter. I discovered Hildebrand and met with Lonnie Sheinson. The first meeting I had with him, I felt at ease and confident that he and the team would fight for me. Lonnie is incredibly knowledgeable about the law and really went to war for me. We ended up winning our trial and I believe it was because of Lonnie's attention to detail and willingness to help that won it for us. I've now moved away from Arizona and Lonnie still will take the time to answer my calls if I have any questions. He's been so helpful and I'm so grateful for Lonnie and his team! If you need a fantastic divorce/ family attorney, Lonnie is the best!
Silver N.
Kip Micuda represented me in a very contentious custody matter. Mr Micuda possesses one of the sharpest legal minds and provides truly compassionate representation for his clients. My children and I are in a much better place due to Mr Micuda's efforts.