Protecting Your Interests, Preserving Your Future

What you need to know if you’re planning to divorce in Arizona

On Behalf of | Jun 14, 2021 | Divorce

Many individuals get the impression that they can decide to file for divorce, fill in a few papers, submit them to the court and wait for the judge to sign off on them dissolving their marriage. Filing for divorce isn’t as easy as that, though. 

Arizona is like any other state in that you must meet certain eligibility requirements to file for divorce. Knowing this information can help you prepare for what to expect.

There’s a residency requirement

Arizona law requires at least one spouse to have resided in the state for 90 days or more before initiating divorce proceedings. 

You have to decide on a no-fault or fault-based divorced

It’s unnecessary to provide the grounds on which you seek a divorce in a no-fault divorce state like Arizona. You need only state that your marriage is irretrievably broken. This means that you tried to rescue it but that you weren’t able to do so. One of you may come forward and contest your spouse’s reasoning for seeking the divorce if you feel the opposite (that you can make your marriage work).

Covenant marriages are an additional complication

Covenant marriages are designed, by default, to be harder to end. You generally either need certain specific grounds (like adultery or drug addiction) to end your marriage or you must have either lived apart for two years or longer without a legal separation or for a year with one to end your marriage by mutual consent. 

How long must Arizona residents wait before their divorce’s finalization?

There’s a 60-day waiting period for divorce here in Arizona. That time frame initiates when a spouse files divorce; then a process server serves the divorce order on their ex. 

No two divorce cases are the same. There may be some matters that you two need to sort out before your divorce’s finalization. You might need to have an attorney help you work out your differences if you and your spouse have difficulty seeing eye-to-eye on certain matters.