These are the do it yourself divorce steps in Arizona. You or your spouse must live in Arizona. The steps are for Pima County. If you live in another county the steps may be slightly different. Bear in mind you can only do your own divorce if you and your spouse agree on all the terms. That means that you must agree on who will keep which items that you own together, and whether there will be any spousal support and child support and if so, how much support and for how long.
The basic procedure is outlined below but details may be slightly different when you file.
Coming To An Agreement
If there is any possibility you and your spouse could reconcile, Pima County has a Conciliation Court (packet #16). The packets are for sale at the Law Library or you can download them from the Superior Court website.
If you and your spouse can’t agree on visitation and decision making for the children, there is Mediation available (packet #15). There is no free help for people who can’t agree on child support. Either a counselor or mediation that you pay for may be able to help.
Get The Forms
Once you and your spouse agree on the terms, you can download the papers from the Superior Court website (Self-Service Forms) or you can go to the court and buy copies of the papers you will need. Start with packet #2 Divorce With Children or packet #5, Divorce Without Children. In addition, get packet #1 General Information and packet #10 Service on the Other Party.
Arizona Divorce Steps
1. You are the Petitioner, your spouse is the Respondent. File the petition with other required papers at the Superior Court (packet #2 or #5). Pay the court filing fee. If you can’t afford the fee you can ask for a deferral or waiver of the fees (packet #12).
Serving The Papers
2. Send your spouse their copy of the papers by certified mail, restricted delivery. Restricted delivery means your spouse has to sign personally. It is not valid if someone else signs. You will get a green card back in the mail as proof of service. Be sure to keep the green card. As soon as you receive it, file it at the courthouse with a proof of service form, which is in packet #10. Details on other ways to serve are in packet #10.
3. If you spouse lives in AZ wait 20 days for your spouse to respond. The 20 days starts the date they signed the green card. Wait 30 days if your spouse lives outside AZ. If your spouse agrees with the terms in the papers, they should NOT respond.
4. Assuming they don’t file a response, on the 21st day you enter an affidavit of default and an order for the judge to sign (packet #11).
5. Wait 10 business days and then call the phone number listed in packet 11 and ask for a hearing date. The hearing date will not be scheduled sooner than 61 days after your spouse was served (date on the green card). This is due to a mandatory waiting period.
Going To Court
6. You will go to court along with other people doing the same thing. Wait for your case to be called. The judge will ask you some questions, which takes about 10 minutes. You will have to wait until all the cases are heard and then the judge signs your decree and your divorce is final. You must mail copies of the papers to the other party within 3 days.
7. You can avoid going to court if you file a Consent Decree which both you and your spouse have signed and notarized. It outlines in detail the terms of your divorce. The papers go to a judge who signs the final decree and you are notified by mail. This requires a $199 filing fee from the Respondent, which is not required with a default hearing.
If You Have Minor Children
8. If there are children under 18, there is a mandatory parenting class which both parents must attend, and other papers are required. For example, a parenting plan and financial papers for child support are required.
Get The Papers Notarized
If you are in Tucson and need your divorce paperwork notarized, I’m happy to help. I’m a mobile notary so I can come to you.
Sue Simmons is an Arizona Notary Public. Call 520-373-7715 or sue@tucsonnotarypro.co