A Do-it-Yourself Divorce in Arizona

Love and marriage aren't always forever.

In 1950, married couples occupied 78 percent of American households, but by the year 2010 this number had fallen to just 48 percent, or less than a majority, as "The New York Times" reported. Divorce is one reason why marriage is now less common than other living situations. And though many social commentators lament that the American divorce rate is rising dramatically, this trend shows no signs of abating soon. This is why some states, like Arizona, have responded by making the process to obtain a divorce so straightforward that it is simpler today to complete a divorce without a lawyer.

Instructions

1. Ensure that you meet the residency requirement for initiating a divorce petition in Arizona. The criterion is that you must live in Arizona for at least 90 days prior to initiating the process. As described in the helpful pamphlet, "Things You Should Know About Divorce in Arizona," you may initiate a divorce if "either the husband or wife have lived in Arizona for at least 90 days or have been a member of the armed forces stationed in Arizona for at least 90 days."

2. Contemplate the specific requests for distribution of property and custody of any minor children that you will need to make in your petition for dissolution of marriage, which is the legal name for divorce in Arizona. Consult any premarital agreement or separation agreement you may have that already outlines the distribution of property and custody of children. When you file your petition for a divorce, you will be referred to as the "Petitioner," and your spouse will be referred to as the "Respondent."

3. Start the process of requesting a divorce in the Arizona county where you reside. Divorces in Arizona are granted by the Superior Court, and it has an office in each county in Arizona. File a petition with the Clerk of the Superior Court in the county where you reside, and pay the associated filing fee specific to that county. If you are unable to pay the fee, you may request that the Superior Court defer or waive the fee by filing an application with the Clerk.

4. File other documents with the Court in addition to your Petition for the Dissolution of Marriage. These may include a Marital Settlement Agreement, a Summons for the respondent, a Notice of Right to Convert Health Insurance, a Joint Preliminary Injunction preventing either the Petitioner or Respondent from certain actions involving money or the children, an Affidavit Regarding Minor Children and a Creditor Notice about debts acquired during the marriage.

5. Arrange for the official summons to be served to your spouse, the Respondent. The official summons is the one that has been signed and stamped by the Clerk of the Superior Court. If the Respondent is cooperating in the divorce, then the Respondent can sign an Acceptance of Service form. Otherwise, you -- the Petitioner -- are not authorized to serve the summons. According to "Things You Should Know About Divorce in Arizona," the summons and other documents must be delivered by a deputy Sheriff or a process server -- a person specially registered with the court to serve legal documents.

6. Have the process server file an Affidavit of Service. The summons must be served on the Respondent within 120 days. If you don't know where the Respondent lives, you can serve the summons via publication, which means you will publish a copy of the summons in a newspaper for four consecutive weeks and thereafter file an affidavit accompanied by a copy of the newspaper notice.

7. Note that the Respondent must file a response with the Clerk within 20 days if he is an Arizona resident or within 30 days if he is not an Arizona resident. The response can agree with the requests you made in your petition, or the response can request that the court decide property and child custody matters differently. If no response is filed, then the Court may grant a divorce by default as the Respondent has failed to participate. A default divorce requires an application for a default divorce and service via first class mail to the Respondent.

8. Schedule a trial if the Respondent files a response disagreeing with your petition, to resolve the items being disputed. Unless an agreement is reached prior to trial, and a Consent Decree is filed, the Court will decide how to divide the assets and liabilities between the spouses, order any financial support arrangements deemed appropriate and settle custody and visitation regarding any children. The Court can then grant the petition to dissolve the marriage.

Tips & Warnings

• Consider consulting the professional counselors and mediators the Arizona Superior Court has available for troubled marriages, prior to filing for divorce.

• Arizona has special conditions that must be met when seeking a divorce that involves minor children, including an educational class each parent is required to complete.

• With the exception of a covenant marriage, Arizona allows no-fault divorces; these are divorces where neither party needs to be blamed for grounds like abuse, adultery or abandonment. However, the reason for a no-fault divorce is limited to "Irretrievable breakdown of the marriage."

• If you can afford it, it is wise to consult a lawyer to complete the divorce proceeding. While the cost of legal representation may seem high, it can be a bargain when compared to the potential emotional and financial toll of a mistake you might make in petitioning for a divorce without legal representation.

References

• "The New York Times"; Married Couples Are No Longer a Majority, Census Finds; Sabrina Tavernise; May 26, 2011
• Arizona Law Help: Self-Service Guide for Divorce Cases
• Arizona Law Help: Things You Should Know About Divorce in Arizona
• Arizona State Legislature: Arizona Revised Statutes: Title 25: Section 25-316

Resources

• Internet Legal Research Group: Arizona No-Fault Divorce (Minor Children) Uncontested Divorce
• Internet Legal Research Group: Arizona Marital Settlement Agreement (Minor Children)