Divorce & Annulment Article
Divorce in Arizona
Only the court can legally end a marriage. However, spouses are free to agree to as many terms of the divorce as possible. Court services are available in several counties to assist in reaching agreements about such matters as parenting time and custody of children. Because agreements between spouses leave fewer issues for the court to decide, the result often is more satisfying to the people involved and may speed the process of concluding the court case.
If you have children and issues of child custody or parenting time are involved, other information is provided on this website under Child Custody and Visitation and Child Support. When seeking a divorce and a party has requested that the Superior Court determine custody, specific parenting time or child support, parents of minor children are required by state law (section 25-351 et seq. Arizona Revised Statutes) to attend an education class. Information about the Parent Education Class is available on this web site under the subtopic Other Family Issues.
What is divorce?
Divorce is a court process to legally end a marriage. In Arizona a divorce is called a "dissolution of marriage." In addition to ending the marriage, a divorce may also deal with how property and debts of the spouses are divided between them and whether one spouse should pay support (alimony) to the other. If children are involved, a divorce also resolves custody, parenting time and child support issues.
What is a divorce "Decree?"
The Decree is the final order of the court legally ending the marriage. Spouses are not "divorced" until the court grants the divorce and the Decree is signed by the judge. The Decree may also contain other orders deciding how the spouses' property and debts will be divided and what financial support, if any, will be paid by one spouse to the other. If children are involved, the Decree also will provide for custody, parenting time and child support.
Where do I get a divorce?
In Arizona, only the Superior Court can grant a divorce. To get a divorce, one spouse must start a court case in the Superior Court. Although the Superior Court has a facility in each Arizona county, a court case to end a marriage must be started in the county where the person requesting the divorce lives.
Who can start a divorce case?
In Arizona, either spouse can ask the court for a divorce. A divorce is not awarded to either spouse; rather, it simply changes the status of the marriage relationship.
When can I start a divorce case?
Before starting the court case, either the husband or wife must 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. Unless Arizona was the last state where you lived together with your spouse, issues regarding custody of children may require a longer residence time in order to deal with those issues.
How do I need to start a divorce case?
Unlike some other states, for most marriages Arizona does not require that one of the spouses prove blame or responsibility in order to end the marriage. Under Arizona law, the only question for the court is whether the marriage is "irretrievably broken," meaning that there is no reasonable chance that the spouses want to keep the marriage together. If you have a covenant marriage (see Covenant Marriage under the subtopic Other Family Issues), however, under state law the court cannot grant a divorce unless certain things such as adultery, abandonment, physical abuse or regular substance abuse are proven or unless both spouses agree that the marriage should end. (The reasons for ending a covenant marriage are listed in section 25-903, Arizona Revised Statutes.)
Comments:
On 11/1/07
A said
i have not seen my "husband" for 5 years and we had a child . i now want to get re married . the only thing i know of my "husband" is that he may be in california. i have not had contact with him for 5 years how can i get a divorce?
On 9/14/07
Curt said
I am just starting the divorce process and representing myself. My wife and i are interested in creating our own "joint custody agreement" including support and visitation to submit with paperwork. where can we find a draft? any ideas
On 8/31/07
gloria said
I was divorced in 1978 and he was order to pay child surport and I got half of our property we where married in oklahoma I was from Phx. He never paid anything not one cent now he owns a house in Ok. What ca I do to get whats owed to us, being poor.
On 8/22/07
sean said
MY EX- WIFE FILED FOR DIVORCE AND GOT A DEFAULT JUDGMENT AGAINST ME, NOW I FIND OUT THAT WE MIGHT NOT HAVE BEEN MARRIED IN THE FIRST PLACE; CAN I FIGHT THE DEFAULT JUDGMENT??
On 8/9/07
Claudette said
I filed a divorce in Phoenix, Az. I don't know if it became final or not. My husband was suppose to pay for it.
QUESTIONS
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MY HUSBAND ABANDONED ME 3 YRS AGO, HOW CAN I GET A DIVORCE AND HOW LONG WILL IT TAKE,I WOULD LIKE TO KEEP THE HOUSE THAT I'VE BEEN PAYING EVER SINCE HE LEFT OUR CHILDREN ARE ALL GROWN
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Am I responsible for debt incurred prior to marriage at anytime?
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I have a questions, please help, thank you! 1.) we marriage on 2/14-2010 & my husband wanted to divorce because he already had a "new wife". Anyway, he said he need my social security number to file the divorce! I wondered is that required by the Law of Arizona?
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I have been married for nine yrs. I worked at a job for 28 1/2 yrs. before we were married. I received a 30 yr. pension which I still get every month like wages. If I file for divorce would she be able to steal part of my retirement pension even though we only gained 300 dollars of it while we were married,and if so could she start getting have my pension before we were divorced?
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Where can I go to get the appropriate form to "Petition for Annulment"? I have taken two different sets of forms to the court and both have been denied.
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I am in the process of a divorce and will be moving back to my home state. As part of the divorce, our house will have to be sold. Do I have to continue living in AZ once the divorce if finalized or can I move back to my home state?
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My wife and I are currently separated, and I am residing in Pennsylvania at the current time. I was able to attend only the first half of the parenting class before I moved out of state. Is it necessary to complete the course if I am no longer residing in Arizona? If so, is it offered as a "correspondence course"?
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My wife left me 8 mos. ago. We lived in Colorado (I still do). How do I find out if she has filed for legal seperation ?
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I filed for divorce 6yrs ago paid all that money and they say i am still married. My Husband has moved back to morrocco and i dont know how to find him. havent seen him in 6yrs how do i get a divorce from him if i cant find him?
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How long does it take for a divorce to be totally final?
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