How to file a no-fault divorce in Arizona

Arizona is a complete no-fault divorce state meaning even if your spouse tries to approve blame or responsibility on you, it will not matter. The only thing that is put into consideration is whether the marriage is irretrievably broken or not. Residency requirements state that either spouse ought to have resided in Arizona for at least 90 days. If it’s a member of the armed force, they need to have been stationed in Arizona for at least three months.  People who meet the residency requirements can go ahead and file a divorce lawsuit.

Fill Out Forms

The petitioner, according to Modern Law, must start by filing a petition at the Clerk of the Superior Court at the spouse’s county of residency. Petition authorizes the court to fully terminate the marriage and declare each of the spouse free and single to start their own independent life.

An order should be issued to clearly define how things like property, debts, child support, custody and alimony should be handled. Anything that is not included in the petition will not be warranted by the court. This means spouses must be keen and be comprehensive enough to avoid leaving out any substantial demands. A joint petition of the spouses could be filed for a consent decree.

Besides filling a petition, the below documents must also be filled along

  • Summons: This is a stamped document from the Clerk of the superior court explaining the reason for the petition to the respondent. It also includes the time which response is needed. Any summons without a stamp cannot proceed forward.
  • Notice of Right to Convert Health Insurance: No matter how wrong a spouse may be, he or she still has a right to convert health insurance policy. All details must be well-explained for the spouse to know how things will turn out after a divorce.
  • Preliminary Injunction: This is a legal declaration that both spouses must stop using joint properties like money, children, and insurance until the court issues a final order. A written agreement will be issued at the end of divorce hearings. This agreement is what defines what spouses must use and what they must not use.
  • Notice to Creditors: It is a very important document that allows lenders to know the responsibility of each spouse in clearing debts. No one will be left with unnecessary burden because the court will weigh matters and decide the amount each spouse should pay creditors.

Depending on the county in which you live, you may be required to have a Domestic Relations or Family court cover sheet. This gives information to the spouse about all the case process. Any divorce case involving children must have an Affidavit Regarding Minor Children as well as a notice regarding parent information program.  The affidavit, Notice and Coversheet must be duplicated to three copies. Remember all these forms must be filled and completed within 120 days after you file a petition. The respondent will then issue an affidavit of service.

Affidavit of service must be signed and verified by the clerk of super court.  This form only indicates that respondent was served with the forms, it does not mean that they have accepted the demands of the divorce petition. Remember Arizona divorce laws require that petitioner stays for at least 60 days before a hearing can be done.  A decree of dissolution will then be issued by the court after hearings. This is the final court order that all spouses must abide by.

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