Can I divorce without going to court?

In Arizona, you can proceed with an uncontested divorce in one of two different ways. After you file for divorce, the case could proceed by consent decree or by default. Let's get a better look at each of these.

How long do you have to be separated before divorce in AZ?

Does Arizona require separation before divorce? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse.

What is the process for divorce in Arizona?

To initiate a divorce in Arizona, a spouse files a “Petition for Dissolution of Marriage” with the clerk of the Superior Court and pays the requisite filing fee. The other spouse must be served with a copy of the petition and summons.

How much is a divorce in Arizona?

The average cost of divorce in Arizona is $20,000. Arizona divorce costs ranged from $15,000 to $100,000 per side when including expert witness fees in 2019. The cost of hiring a divorce lawyer in Arizona can cost as much as $550 per hour.

Can I file for divorce online in Arizona?

You can't actually get divorced entirely online in Arizona. Rather, you can download the initial divorce papers, but you will need to file them in person. You may also need to attend one or more hearings at the court in order to finalize your case.

How To Divorce Without Going To Court

How can I get a free divorce in Arizona?

Arizona divorce forms are all available online and free to use. The Arizona Judicial Branch provides the required forms and instructions for a divorce with minor children or without minor children. These forms may be accepted by courts statewide, although some courts may have their own preferred forms.

How long does an online divorce take in Arizona?

Typically, uncontested divorce in Arizona takes somewhere from 2 to 4 months. The shortest time the couple needs to get divorced is 60 days. It is the mandatory waiting period for all divorcing spouses in Arizona.

Who pays for a divorce in AZ?

The Arizona divorce laws permit the Court to order one spouse to pay some or all of the other spouse's attorney fees and costs. Although there are many different statutes that provide the court with this authority, the most cited statute is A.R.S. 24-324.

Can You Do Your Own divorce in Arizona?

Visit the Arizona Judicial Branch website to download official court forms and instructions for your DIY divorce. The fillable forms are free, but there will be court filing fees. Couples with minor children use Dissolution of Marriage with Children forms.

Does it matter who files for divorce first in Arizona?

If you are thinking about divorce, you may wonder, “Does it matter who files for divorce first in Arizona?” Legally, the answer is no. Whether you file first will not make any difference regarding any of the legal elements of your divorce.

Do you have to go to court for a divorce in Arizona?

Arizona law requires that you prepare a petition for dissolution of marriage. You must use this formal process to make your request with the court and pay a filing fee.

How do I get a quick divorce?

A quick divorce can be achieved when both parties agree the marriage has broken down irretrievably and want to get divorced. This is the simplest form of divorce. A quick divorce does always require the co-operation of both parties.

Can you get divorced without the other person signing?

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.

What should you not do during separation?

How long does a divorce take?

Once the papers have been filed with the court, the question, "How long does an uncontested divorce take?" is completely out of the parties' hands. The amount of time it will take to finalize the divorce by having a judge approve and sign the judgment can take anywhere from six weeks to 12 months.

What is considered abandonment in a marriage in Arizona?

Abandonment of the matrimonial domicile for at least a year. Domestic violence or emotional abuse. Spouses lived separately and apart continuously and without reconciliation for at least two years. Spouses lived separately and apart for at least one year after a decree of legal separation.

How can I get a quick divorce in Arizona?

If you and your spouse do not agree on all of the issues in your divorce, the only practical way to get a quick divorce in Arizona is to hire a mediator or arbitrator to get you divorced fast.

Can divorce be filed online?

No, mutual consent divorce petition cannot be filed online. You needs to appear twice before the Court of law for seeking a decree of divorce by way of mutual consent.

What is an uncontested divorce?

An uncontested divorce is a divorce proceeding where the court formally grants the requested divorce without the need to go through significant portions of the adversarial litigation process.

Is AZ A 50/50 divorce state?

Each former spouse begins life after divorce with all his or her separate property and half what they once owned together. Arizona is a 50/50 property law state when it comes to divorce. Community property division must be equitable, but seldom will shares be absolutely equal.

How long do divorces take in Arizona?

Although you can get a divorce decree in as little as 60 days (in limited circumstances as per the waiting period in Arizona Revised Statute 25-329), the average time to finalize even an uncontested divorce in Arizona is between 90 and 120 days.

Can a spouse kick you out of the house in Arizona?

A big factor here will be whether your name is on the mortgage or lease. Your spouse can't legally kick you out of your home if you are included in either of these legal agreements. While it may be an uncomfortable living situation, you have just as much right to the home as your spouse does in these circumstances.

How long after divorce papers are signed is it final in Arizona?

This waiting period last for 60 days after you file for a divorce Arizona. So, your divorce could not be finalized until the 61st day from the date that you filed your petition for divorce.

How does an uncontested divorce work in Arizona?

For an uncontested divorce, you and your spouse must agree that your marriage is "irretrievably broken," which basically means that you have no reasonable hope of saving the marriage. You must also agree about all of the provisions in the divorce, including: the division of your property and debts.

How long does it take to get a divorce if both parties agree?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.