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Benefits of an online divorce
With Divorce.com, you can easily prepare all the required divorce documents. Generate your divorce papers conveniently while saving time and money and avoiding stress.
Divorce.com allows you to get ready-to-sign papers tailored specifically to your situation. You just need to print and sign the divorce paperwork. There is no need to hire an expensive divorce attorney.
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Arizona
Divorce Forms
All the forms required
The list of forms for a petition for divorce with minor children is following:
Summons - DR11F
Family Court / Sensitive Data Cover Sheet with Children (Confidential Record) - DRSDS10F-C
Request for Protected Address - DRRPA10F
Preliminary Injunction - DR14F
Petition for Dissolution of a Non-Covenant Marriage (Divorce) with Minor Children - DRDC15F
Notice of Your Rights About Health Insurance Coverage When a Petition for Dissolution (Divorce) Is Filed - DRD16F
Order and Notice to Attend Parent Education/Information Program Class - DR12F
Affidavit Regarding Minor Children - DRCVG13F
Notice Regarding Creditors - DR16F
Parenting Plan - DRCVG11F
Current Employer (or Other Payor) Information Form - DRS88F
The list of forms for a petition for divorce without minor children:
Family Court / Sensitive Data Cover Sheet (Confidential Record) - DRSDS10F-A
Request for Protected Address - DRRPA10F
Summons - DR11F
Preliminary Injunction - DR14F
Petition for Dissolution of a Non-Covenant Marriage (Divorce) without Minor Child(ren) - DRDA10F
Notice of Your Rights About Health Insurance Coverage When a Petition for Dissolution (Divorce) Is Filed - DRD16F
Notice Regarding Creditors - DR16F
Steps to consider
Filing Requirements
Residency Requirements
A divorce can not be initiated unless the spouses meet certain requirements. Residency requirements for Arizona are rather unique in comparison to most other states. One of the parties must be domiciled in Arizona or stationed as a member of the armed forces for at least 90 days before filing for a dissolution of marriage.
Grounds for Divorce
Arizona is a no-fault state. This means that a petitioner can initiate a divorce by simply stating that the marriage is irretrievably broken due to irreconcilable differences between the spouses. However, the state of Arizona recognizes fault-based grounds for divorce if the partners are bound by a "covenant" marriage. The list of grounds includes: Adultery, Commitment of felony, Willful abandonment for 1 year, physical/psychological abuse, Habitual drug/alcohol abuse
Initial Filing
Filing initial paperwork is rather straightforward. The petitioner needs to prepare divorce papers and file the petition with the court clerk in the county of one's residence. Some counties provide an option to file by mail and even e-file, although it is better to find out more about this on the county court's website. This is an important step as it launches the whole divorce process. The case gets assigned a number, and the petitioner then proceeds to the next steps.
Filing Fees
Filing is not a free service. A petitioner needs to pay all of the required filing fees for the case to proceed. The amount required differs from county to county. However, the median filing fee in Arizona sits between $300 and $400. If the petitioner does not have the financial capacity to pay the filing fees, they can apply for a waiver and file for free.
Serving the Respondent
Proper service of divorce papers is a legal obligation of the petitioner. There are several ways to serve papers to the defendant in the state of Arizona: Service by acceptance - the filing party mails or hands the papers in person. Service by the sheriff - the petitioner hires a local county sheriff to serve the papers for a fee. Service by a registered process server - the petitioner hires a professional server to deliver the papers to the defendant for a fee. Service by publication - this option is used if the petitioner is not able to locate the spouse. Notice of service is published in the local newspaper and the divorce proceeds by default if there is no response.
Waiting Period
After the papers have been filed and served, the court issues a waiting period that is a minimum of 60 days before finalizing the divorce. If the divorce is contested, the waiting period is at least 90 days. It could become even longer if the partners cannot solve their issues. Everything depends on the circumstances of each case.
Finalizing a Divorce Case
The court schedules a hearing after the mandatory waiting period if the divorce is uncontested. The judge finalizes the divorce at the hearing by signing a Decree of Dissolution of the marriage. Nonetheless, the divorce is not complete until the Decree is filed with the Clerk of the Superior Court!
Filing basics
Filing for Divorce
Arizona
How to get started
The list of forms for a petition for divorce with minor children is following:
Summons - DR11F
Family Court / Sensitive Data Cover Sheet with Children (Confidential Record) - DRSDS10F-C
Request for Protected Address - DRRPA10F
Preliminary Injunction - DR14F
Petition for Dissolution of a Non-Covenant Marriage (Divorce) with Minor Children - DRDC15F
Notice of Your Rights About Health Insurance Coverage When a Petition for Dissolution (Divorce) Is Filed - DRD16F
Order and Notice to Attend Parent Education/Information Program Class - DR12F
Affidavit Regarding Minor Children - DRCVG13F
Notice Regarding Creditors - DR16F
Parenting Plan - DRCVG11F
Current Employer (or Other Payor) Information Form - DRS88F
The list of forms for a petition for divorce without minor children:
Family Court / Sensitive Data Cover Sheet (Confidential Record) - DRSDS10F-A
Request for Protected Address - DRRPA10F
Summons - DR11F
Preliminary Injunction - DR14F
Petition for Dissolution of a Non-Covenant Marriage (Divorce) without Minor Child(ren) - DRDA10F
Notice of Your Rights About Health Insurance Coverage When a Petition for Dissolution (Divorce) Is Filed - DRD16F
Notice Regarding Creditors - DR16F
Custody Basics
Every divorcing couple with minor children must decide on child-related issues before a judge can grant a divorce. The spouses can develop a parenting plan and give it for court approval. If they can’t agree on custody, the judge will decide for them.
A custody order (or a parenting plan) should address the legal and physical custody arrangements, financial liabilities of the parties, health insurance, and child support.
Different types of custody provided in Alaska family law are the following:
Joint legal custody (the child-related decisions are both parents’ responsibility).
Sole legal custody (only one parent can determine the child’s education, health care, etc.).
Shared physical custody (the child has frequent contact with each parent, according to the agreed schedule).
Primary physical custody (the child lives with a primary custodian 70% of the year, while the other parent has visitation rights).
If the spouses can’t decide on their rights and responsibilities concerning children, Alaska judges will typically settle these matters considering the child’s best interests:
the child’s emotional, physical, and other needs;
each parent’s capability to meet the child’s needs;
the child’s wishes about custody arrangements;
the child’s relationship with each parent;
history of domestic violence, etc.
Parents must also complete an online parenting class or come to the courthouse and watch a thematic video about the effect of divorce on children.
Uncontested Divorce
Filing for an uncontested divorce has many benefits compared to traditional litigation. First, spouses avoid a contentious process and court trial, keeping the level of conflict at its lowest. And second, they can reduce divorce expenses if they decide in favor of DIY divorce paperwork.
Spouses can make their divorce uncontested if they negotiate critical terms alone or consult a divorce mediator. If both parties agree on all issues, they can complete and file a mutual settlement agreement with proposed provisions on the:
property division, including bank accounts, retirement benefits, real estate, debts, etc.
spousal maintenance (alimony)
child custody and support
These agreed terms usually become part of the divorce decree, so it is paramount to fill out all documentation carefully.
Divorce.com can help you collect the correct forms for your divorce and fill them out quickly and without mistakes. Additionally, you will get written instructions on filing your case with the court.
Support Basics
In Arizona, child support is based on the Arizona Child Support Guidelines using an income share model. A child receives equal financial support from both parents' individual gross income.
Child support is paid from one parent to the other. In contested cases, the court can withhold funds from the parent's paycheck. In uncontested divorces, parents reach mutual agreement and support is automatically paid monthly.
