Divorce Requirements

In Arizona, only the Superior Court can grant a divorce. A divorce is not final until a judge signs the “divorce decree” which stipulates how the spouses’ properties and debts will be divided.

Financial support, child custody, parenting time & child support divisions are all factors that must be decided.

Here is a list of Arizona Divorce Requirements:

  • An Arizona resident has to reside in the state for at least 90 days before being able to file for divorce.
  • The papers must be filed and case started in the county where the person requesting the divorce resides.
  • Each of the parties can file for divorce, and there is no requirement to show cause for divorce. All the judge wants to know is that the marriage is “Irretrievably Broken”.
  • A Petition to dissolve the marriage has to be filed with the court’s clerk. In this Petition the filer asks the court to legally end the marriage and to issue orders regarding property, debt and financial support. It should also include specific request for custody.
  • Included in the papers that are filed is the Summons which tells the other party that a divorce request was filed.

Joint Preliminary Injunction

  • Also included is a Joint Preliminary Injunction which takes affect with the filing and prohibits any of the parties from doing things involving money, property, children and insurance until the court decides on the issues. It orders the parties not to remove any children from Arizona without written agreement of both parties, prohibits family violence and requires that health insurance remains in effect.

Right to Convert Health Insurance

  • Notice of Right to Convert Health Insurance – In Arizona, if a divorce case stats each party should receive a notice from the other regarding rights and responsibilities of health care insurance policies.

Arizona Divorce Filing Fee

  • Filing fee of $171.00 to be paid to the court’s clerk. This amount is Arizona state law. Some counties, like Maricopa for example, have added $20.00 to this amount. A person might request a ‘defer’ (or postponement of the payment) or a ‘wave’ of fees if they are unable to pay.
  • When children are involved both parents are required to complete an education class offered by the state that is designed to offer education about the impact of divorce, about restructuring the family and the court’s involvement in the child’ life.