Filing for divorce isn’t just about ending a marriage—it’s about protecting your future, children, and financial well-being. At Nye Family Law, we understand the weight of what you’re facing. Knowing what to expect if you’re considering divorce in Arizona can make all the difference.
We’ve created this guide to walk you through the process, from your first filing to final judgment, using straightforward steps and real insights from our experience as trusted Mesa family lawyers.
Whether you’re feeling overwhelmed or need to know where to begin, this comprehensive guide is designed to give you the clarity and confidence to move forward.
Arizona’s Approach to Divorce: The Basics
Arizona is a no-fault divorce state. This means that either spouse can file for divorce without proving wrongdoing. The only legal ground required is that the marriage is “irretrievably broken,” according to Arizona Revised Statutes § 25-312. This eliminates the need to place blame and instead focuses the court’s attention on resolving property division, support, and child-related issues fairly.
Additionally, Arizona is a community property state. This means that, in most cases, any property or debt acquired during the marriage will be divided equally between spouses, unless there is a valid prenuptial agreement or other reason for deviation.
Step 1: Confirm Residency Requirements
Before filing for divorce in Arizona, you or your spouse must have lived in the state for at least 90 days. If children are involved and custody is an issue, Arizona must also be their home state for the past six months. These requirements are mandatory for the court to have jurisdiction over your case.
As a Mesa divorce attorney team, we always begin by ensuring our clients meet these eligibility rules before proceeding.
Step 2: Prepare Your Initial Paperwork
Filing for divorce starts with paperwork. The primary document is the Petition for Dissolution of Marriage, which you submit to the Superior Court in the county where you or your spouse resides—typically Maricopa County if you work with a divorce lawyer in Mesa.
Along with the petition, you’ll need to file:
- A Summons
- A Preliminary Injunction (to prevent either spouse from making drastic changes like selling property)
- A Notice Regarding Creditors
- A Sensitive Data Sheet (containing personal identifying information kept confidential)
If children are involved, additional custody and child support forms will be required.
We help clients ensure these forms are accurately completed and filed, avoiding delays or rejections.
Step 3: File and Serve the Petition
Once your forms are ready, they must be filed with the court. After filing, the next step is to serve your spouse (called the respondent) with a copy of the petition and other documents.
Arizona allows service by:
- A licensed process server
- A sheriff’s deputy
- Acceptance of Service (if the respondent signs a notarized form acknowledging receipt)
- Certified mail with a signed return receipt (in some limited situations)
You cannot serve your spouse yourself. Proper service is a critical step—if it’s not done correctly, your case won’t proceed.
Step 4: Wait for the Response
After being served, the respondent has 20 days to respond if they live in Arizona, or 30 days if they live out of state. They may:
- Agree with everything in the petition
- Dispute parts of it
- File a Counter-Petition to request different terms
You can apply for a default judgment if your spouse fails to respond within the deadline. As a family law attorney in Mesa, AZ, we often assist clients in preparing default paperwork and ensuring deadlines are properly met.
Step 5: Temporary Orders May Be Needed
Divorces can take several months or longer to finalize. In the meantime, one spouse may need financial support, parenting time schedules, or access to the home. In these cases, either party can file a Request for Temporary Orders. These short-term solutions help keep things stable while the divorce is ongoing.
Temporary orders can cover:
- Who lives in the marital residence
- Parenting time and legal decision-making
- Child or spousal support
- Payment of community debts
- Use of vehicles and other property
These orders remain in place until modified or replaced by the final divorce decree.
Step 6: Exchange of Financial Information
Arizona law requires both parties to disclose their financial information, known as the Rule 49 Mandatory Disclosure. Each party must provide:
- Income and expense records
- Bank statements
- Retirement accounts
- Property and debt lists
- Tax returns
This process ensures transparency and fairness in property division and support decisions. We help our clients gather and review these documents, and when necessary, issue discovery requests to compel information.
Step 7: Explore Settlement Options
Most Arizona divorces are settled out of court. If both parties can agree on all major issues—property, debt, parenting time, legal decision-making, and support—the court will usually approve the terms.
Settlement can be reached through:
- Informal negotiations between attorneys
- Mediation with a neutral third party
- Collaborative divorce, where both parties commit to resolving issues without litigation
Our Mesa family lawyers frequently guide clients through these negotiations to ensure they are fair and reflect our clients’ goals.
Step 8: Contested Hearings or Trial
If you can’t agree, the case moves to a Resolution Management Conference (RMC). The court may refer the case to mediation or schedule a trial at this stage.
A trial involves presenting evidence, witness testimony, and legal arguments before a judge. The judge decides the outcome of disputed issues and issues a Final Decree of Dissolution of Marriage.
Going to trial can be expensive and emotionally draining. We always advise our clients of the pros and cons of trial and explore settlement whenever it’s in their best interest.
Step 9: Parenting Plans and Child Support
If you have minor children, the court will require a detailed Parenting Plan outlining:
- Legal decision-making (joint or sole custody)
- Parenting time schedules (holidays, weekdays, vacations)
- Communication methods between parents
The court’s primary focus is always the best interests of the child, as outlined in ARS § 25-403.
Child support is calculated using the Arizona Child Support Guidelines. The formula considers parents’ incomes, parenting time, health insurance, daycare expenses, and more. The Arizona Supreme Court’s website offers a free child support calculator.
As your Mesa divorce attorney, we’ll ensure your parenting plan complies with the law and protects your relationship with your children.
Step 10: Final Decree and Moving Forward
Once all issues are resolved—whether by agreement or court decision—the judge signs the Decree of Dissolution of Marriage. This document legally ends your marriage and finalizes:
- Property division
- Child custody and support
- Spousal maintenance
- Any name changes
The earliest the divorce can be finalized is 60 days after the petition is served. On average, however, most divorces in Arizona take between 90 and 180 days. Contested cases can take longer.
We ensure our clients receive a clean, enforceable decree outlining their rights and obligations.
What If You Reconcile Mid-Divorce?
Arizona allows couples to pause divorce proceedings if they want to attempt reconciliation. You can file a Motion to Suspend Proceedings and later dismiss the case or resume if reconciliation doesn’t succeed.
This option is essential to many unsure couples who want to try counseling or mediation before making a final decision.
Do You Need a Lawyer to File?
While you can file for divorce without legal representation, the process can quickly become complicated, especially when children, high-value assets, or debt division are involved. Hiring a divorce lawyer in Mesa can:
- Protect your legal rights
- Ensure deadlines and legal procedures are followed
- Prevent costly mistakes
- Advocate for your best interests in negotiations or court
As a family law attorney in Mesa, AZ, we offer compassionate yet strategic representation tailored to your unique situation. We understand the emotional and legal complexities and stand by your side through every phase.
We’re Here to Help
At Nye Family Law, we pride ourselves on providing clear guidance and strong advocacy for our clients. If you’re considering filing for divorce or have been served with papers, don’t go it alone. Our experienced Mesa family lawyers are ready to answer your questions and create a plan that protects what matters most to you.
