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Arizona Uncontested Divorce Online  
  Before you start completing your uncontested divorce forms with us, please read all the requirements for Arizona divorce. Make sure that your situation matches all the requirements. Arizona Uncontested Divorce online  
 

Requirements for Arizona Divorce

(Arizona Rules of family law procedure, Arizona Revised Statutes Title 25, Chapter 3) 		 
 

RESIDENCY REQUIREMENTS:

In order to file for divorce in Arizona, the filing spouse must have lived in the State of Arizona for at least 90 days. There is a 60-day waiting period after the respondent has been served with the service of process, but that will be longer if child custody is at issue. (AZ Statutes, 25-312)

WHERE TO FILE

In the county where the Petitioner resides.

GROUNDS FOR DIVORCE:

  • The marriage is irretrievably broken;
  • one or both of the parties desire to live separate and apart.
Grounds for divorce for “Covenant Marriage”:
  • Adultery of one of the spouses;
The verified petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken or that one or both of the parties desire to live separate and apart.

TEMPORARY ORDER OR PRELIMINARY INJUNCTION:

In all actions for dissolution of marriage, for legal separation or for annulment, the clerk of the court shall pursuant to order of the superior court issue a preliminary injunction in the following manner:
  1. The preliminary injunction shall be directed to each party to the action and contain the following orders:
    1. That both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life or court fees and reasonable attorney fees associated with an action filed under this article, without the written consent of the parties or the permission of the court.
    2. That both parties are enjoined from:
      1. Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.
      2. Removing any natural or adopted child of the parties then residing in Arizona from the jurisdiction of the court without the prior written consent of the parties or the permission of the court.
      3. Removing or causing to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance.
    3. That both parties shall maintain all insurance coverage in full force and effect.
      (AZ Statutes, 25-315)

MEDIATION OR COUNSELING:

Either spouse prior to filing for a divorce may request a mediation procedure to save the marriage or help in the settlement. After filing for dissolution of marriage the action may be transferred at the request of either spouse to the conciliation court for mediation. If one spouse denies that the marriage is irretrievably broken, the court may delay the case for up to 60 days and order the spouses to attend a conciliation conference.

SEPARATION AGREEMENT:

To promote amicable settlement of disputes between parties to a marriage attendant on their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, custody and parenting time of their children. A separation agreement may provide that its maintenance terms shall not be modified.
 
If the court finds the separation agreement unfair as to disposition of property or maintenance, it may request the parties to submit a revised separation agreement or may make orders for the disposition of property or maintenance. (AZ Statutes, 25-317)

DISPOSITION OF PROPERTY; ASSIGNMENT OF DEBTS:

In a proceeding for dissolution of the marriage, or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse's sole and separate property to such spouse. It shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily 50% - 50%, without regard to marital misconduct. For the purposes of this section only, property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state. This section does not prevent the court from considering all actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim, excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
 
The court may impress a lien on the separate property of either party or the marital property awarded to either party in order to secure the payment of debts. (AZ Statutes, 25-318)

NAME RESTORATION:

Upon request by a party at any time prior to the signing of the decree of dissolution or annulment by the court, the court shall order that party's requested former name be restored. (Arizona Statutes - Title 25 - Chapters: 325)
 
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