Arizona | Divorce.Pro

Uncontested Divorce in Arizona

To qualify for an uncontested divorce in Arizona, you must meet the following criteria:

Residency: At least one spouse must have lived in Arizona for a minimum of 90 days before filing for divorce.
Mutual Agreement: Both parties must agree on all divorce terms, including:
- Asset division (property, debts, etc.)
- Alimony (if applicable)
- Child custody and child support (if there are children)
No-Fault Grounds: Arizona is a no-fault divorce state. This means neither party has to prove fault or wrongdoing by the other to get a divorce. You simply need to state that the marriage is irretrievably broken.
Child Custody and Support: If children are involved, the court will review the custody and support agreements to ensure they are in the best interests of the children, even if both parents agree on the terms.

Prepare Necessary Documents: You’ll need to complete:
-Petition for Dissolution of Marriage (the official document that begins the divorce process)
-Decree of Dissolution of Marriage (the final judgment once the divorce is granted)
-Separation Agreement (outlines the terms of division of property, alimony, and custody/support if applicable).
File with the Court: Submit the completed documents to the Superior Court in the county where you or your spouse resides.
Serve Your Spouse: Your spouse must be served with the divorce paperwork. This can be done through:
-Acceptance of Service (your spouse signs a form acknowledging they’ve received the divorce papers).
-Formal Service (if they don’t sign, you may need to have a process server deliver the papers).
Wait Period: Arizona has a mandatory 60-day waiting period after filing before the court can finalize the divorce, but this is generally waived if everything is uncontested.
Final Hearing (if required): In some cases, a brief court hearing may be scheduled to finalize the divorce. If all paperwork is in order, the judge will sign the Decree of Dissolution of Marriage, finalizing the divorce.

The cost of an uncontested divorce in Arizona can vary depending on whether you use an attorney or online services:

Attorney Fees: Attorney fees for an uncontested divorce generally range from $500 to $2,000, depending on the complexity and the firm you choose.
Online Services: Online services like LegalZoom or 3StepDivorce often charge around $300 to $500 for document preparation.
Court Filing Fees: Court filing fees typically range from $250 to $400, depending on the county.

Legal Advice: While you can file for an uncontested divorce without an attorney, it’s still advisable to seek legal counsel to ensure everything is done correctly and your rights are fully protected.
Child Custody and Support: If there are children involved, the court will review the proposed custody and support arrangements to ensure they are in the best interests of the child, even if both parents agree.
No-Fault Divorce: You don't need to prove any wrongdoing, but both parties must agree on all aspects of the divorce for it to proceed uncontested.