Divorce

While divorce laws vary by state, here are the basic steps for a divorce in Arizona:

• First, you must meet the residency requirements of the state.
• Second, there must be a reason to end the marriage. If you have a covenant marriage, you must prove one of the specific grounds (a legally acceptable reason) to end your marriage.¹ To learn more above covenant marriage and the specific grounds for divorce, you can visit the state supreme court’s website. If you do not have a covenant marriage, a divorce can be granted based on the fact that your marriage is “irretrievably broken.”
• Third, you must file divorce papers and have copies sent to your spouse. (To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.)
• Fourth, if your spouse disagrees with anything in the divorce papers, then s/he will have the opportunity to file papers telling his/her side. This is called “contesting the divorce.” If s/he contests it, then you will have a series of court appearances to sort the issues out. If your spouse does not disagree with anything (known as an “uncontested divorce”), then you can proceed either by default (where s/he takes no action) or by consent. Speak to a lawyer for more information.
• Fifth, if there is property that you need divided or if you need financial support from your spouse, then you will have to work that out either in an out-of-court settlement or in a series of court hearings. Custody may also be decided as part of your divorce.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

¹ See A.R.S. § 25-903