Filing for Divorce in AZ

There are a couple of requirements that must be met before someone files for a Maricopa County Divorce. No one is required by law to hire a lawyer or any other legal professional for assistance. Although hiring legal assistance is not required by law, it can be very helpful and make the process much easier. As long as the person filing for the divorce is living in Arizona, there is a good chance they can file for a divorce in the state of Arizona.

How does the court determine jurisdiction?

There are two ways that the court determines whether or not they have jurisdiction to proceed with a divorce case. The first way that the court determines jurisdiction is for adults. In order for Arizona to have jurisdiction over a divorce, one person in the marriage must have lived in Arizona for the past 90 days. The second way that the court determines jurisdiction is for minor children. In order for Arizona to have jurisdiction over a divorce with minor children, the children must have resided in Arizona continuously for the past 6 months. If Arizona has jurisdiction over your divorce, there is only one more requirement you must fulfil.

What if my spouse doesn’t want a divorce?

Arizona is considered a no-fault state for divorce. This means one person doesn’t need to prove to the court that their spouse did something that warrants a divorce. Maricopa County divorces only have one other requirement for being able to proceed with a divorce. One person in the marriage must state that the marriage is irretrievably broken. There is no additional requirement to tell the court the details of what one person might have done wrong. For instance, one doesn’t need to tell the court that adultery has occurred or their spouse has addiction issues.

How do you begin the divorce process and file for a divorce?

If you can answer yes to both of the requirement questions above, you can file for a divorce. In order to file for a  Maricopa County divorce, you must decide if you want legal assistance or not. If children are involved in the divorce, there is more paperwork that needs to be completed. It is also very important that it is completed 100% correct, with no mistakes. Frequently parents seek legal help when going through a divorce in order to ensure the paperwork is completed correctly.

If you want to complete your  divorce paperwork on your own, you can go to the Maricopa County Family Court’s Website. While on the website, you can download and complete the correct forms and submit them to the court. Also, you can go to the Maricopa County Superior Court Law Library and ask for assistance with completing the paperwork.

If you want to hire legal assistance for your divorce, you have a couple of options. You can have a lawyer, certified legal document preparer, or paralegal assist you with the divorce paperwork. Hiring a lawyer is the most expensive option a person can choose. Since the divorce process does not begin with a trial, there is no real reason to hire a lawyer at the start of the process. A certified legal document preparer and/or paralegal can provide the same assistance at a fraction of the cost of a lawyer. Although is it not required by law, certified legal document preparers and paralegals are the most common options Arizonans choose to assist them with filing for a divorce. Contact Affordable Family Law today to have legal assistance with your divorce!