Divorce Attorney Arizona

Tuesday, April 1, 2014

Arizona Divorce Requirements

The Arizona Divorce Requirements are defined in Arizona Revised Statute 25-312 to standardize a set of criteria to file for No-Fault Divorce in the Maricopa County court system.  Working with an experienced Arizona Divorce Attorney is your best possible chance to protect your rights and maximize your chance for success when facing divorce.  No website, regardless of how informative it is, can replace the advice an excellent lawyer can provide you with.  Arizona requires a minimum of 60 days from the date of filing for the divorce process can be completed.  At any time during that 60 day process, either party can request that the case be sent to conciliation court if they feel that the marriage can be saved.  Conciliation court will add an additional minimum 60 days to this timeline.

Requirements for Divorce

  • A person must reside in Arizona for a minimum of 90 days before filing.
  • The papers have to be filed county where the person resides.
  • Either party can file for divorce.
  • Arizona is a No-Fault divorce state. The court only requires that the marriage is “Irretrievably Broken”.
  • A Petition to dissolve the marriage has to be filed with the court’s clerk.
    • The person filing asks the court to legally end the marriage.
    • The person filing requests orders regarding property, debt and financial support.
    • The person requests orders for child custody if it applies.
  • A Summons must be served on the other party informing them that a divorce request was filed.

Joint Preliminary Injunction

  • A Joint Preliminary Injunction will takes affect with the filing.
  • Prohibits either party from doing things involving money, property, children and insurance until the court decides on the issues.
  • Orders the parties not to remove any children from Arizona without written agreement of both parties.
  • Prohibits family violence.
  • Requires that health insurance remains in effect.

Right to Convert Health Insurance

  • Notice of Right to Convert Health Insurance – In Arizona, if a divorce case starts each party should receive a notice from the other regarding rights and responsibilities of health care insurance policies.


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