How To File For Divorce In Arizona

Below is a complete guide to filing for divorce in the state of Arizona.

Types Of Divorce In Arizona

There are a few options for Arizona couples considering a split. Let’s look at the common divorce types below.

Contested Divorce

You may try to obtain a settlement in a contested divorce, but if you do not succeed, these determinations will be made by a judge including, legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

Uncontested Divorce

If terms were initially agreed and everyone is satisfied, paperwork may be filed explaining the arrangements without the need for a judge to make determinations.

Collaborative Divorce And Divorce Mediation

Collaborative divorce can lead toa divorce relatively free of stress even when there is not total agreement between the partners. A lawyer advocates for each party to come to conclusions. In mediation, a third party (strictly neutral) works with both parties to make agreements without the need for a judge.

Default Divorce

When you file for divorce and the other party does not respond within a period of twenty days following being served with papers, you may be allowed to proceed by the court on a default basis.

No-Fault Divorce

In a no-fault divorce, neither party will have to prove the other party is at fault in order to justify the divorce. Instead, one of the spouses must simply assert that he or she believes the current marriage to be irretrievably broken. Neither party will have to prove impotence, adultery, cruelty, or any other grounds for a divorce with this process. There is only one exception to this rule, however. Couples that choose to enter into a covenant marriage or convert their marriage to a covenant marriage are not eligible for a no-fault divorce.

Legal Separation

Not dissimilar to a divorce in that the court determines legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

Filing For Divorce In Arizona

The Arizona divorce process starts when one spouse files a petition for dissolution of marriage. At this time, all related documents will be filed to the court and these documents are ultimately served to the other spouse. The spouse who is served now has 20 days to file a response with the court. If this spouse fails to respond to the petition within the appropriate time frame, the other spouse may apply for a default divorce.

Prior to the divorce being finalized, mediation may be required in order to help the spouses come to an agreement regarding the divorce terms. This can include child support, child custody, alimony, and property division.

Mediation provides a fair opportunity for both spouses to work together utilizing the help of a neutral, third-party mediator. The mediator is there to facilitate the necessary conversations, helping them to reach an agreement that works for everyone involved.

If the spouses can still not agree on the divorce terms, a trial will result. During this trial, each side will be given an opportunity to present evidence to support their case(s). The judge will make their decision, issue the order and finalize the divorce agreement.

How Much Does A Divorce Cost In Arizona?

$20,000 is the average cost of a divorce in Arizona with a lawyer with costs ranging from as little as $10,000 to $100,000 per party but if you can get divorced without the use of a lawyer the total drops to just $577.

Lawyers in AZ can cost as much as $550 per hour. The cost to file a Petition for Dissolution of Marriage Maricopa County is $349.  The responding party will be required to pay $279 when filing their Response, or if both parties have agreed to a Consent Decree, the $279 is still due and owing from the other party when they respond.

Divorces can vary widely on costs depending on the kind of divorce you want to pursue. While there are no specific rates, averages from the past can give an indication. Undoubtedly, a contested divorce with protracted proceedings will be more costly than an uncontested divorce. While no set rates apply here, it is possible to estimate cost based on historical averages of similar divorce cases.

Normally people do not spend in excess of $10,00 per person. There are always additional costs people do not often think about. Those that go to trial will have additional financial burdens for child custody evaluations, depositions, maybe a business appraiser as well as forensic accountants. The parents may have to attend a Parental Information program and if a private divorce mediator is utilized there will also be additional costs.

• Lowest Cost: $10,000.
• Average Cost: $20,000.
• Highest Cost: $100,000.

Source: “Questions – Divorce & Annulment” AZ Law Help https://www.azlawhelp.org/viewquestions.cfm?mc=1&sc=3&qid=8476