There are several paths (or ways) to divorce in Arizona.
Generally, you need a judge to sign a divorce order/decree. There are three main paths to divorce. First, you can get an order by default if you file and the other party does not response. We can discuss how to do that. Second, you can file and work out an agreement with the other party. This is called a Divorce Decree. You would need to wait the statutory period of sixty (60) days to have a judge sign this decree. Last, if parties cannot agree, you go to trial and a judge decides and issues an order.
The type of divorce and course of action is determined by whether or not your spouse intends to cooperate with going through the divorce process.
What are the main types of Divorces?
There are four main types of divorce: contested, uncontested, collaborative, or default divorce.
What is a Contested Divorce in Arizona?
If you and your spouse cannot come to agreement in the terms of your divorce, then you file for a contested divorce, often viewed as a “traditional divorce”. This process can be time consuming, expensive and exhausting. With a contested divorce, you may try to negotiate an agreement, but if those negotiations don’t succeed, you will be leaving major decisions in the hands of the judge. Some of these decisions include, but not limited to child-related matters, parenting time and child support. Other decisions may include financial issues such as distribution of property and assets, debt allocation, spousal maintenance and more.
What is an uncontested Divorce in Arizona?
In the event that you and your spouse negotiated a reasonable settlement that you both can agree on from the beginning, your divorce can be considered uncontested. Although this process can be done without an attorney, to save you time and confusion you may include one to help you file necessary paperwork. Uncontested divorce options in Arizona include:
What is a Collaborative Divorce in Arizona?
This is a private process that can be done without a judge. It can provide a path to a peaceful divorce even if you and your spouse are not necessarily in agreement on financial and child-related issues coming into the process. In a collaborative divorce, each spouse has a lawyer to advocate for their interests.
What is default divorce in Arizona?
If you file a Petition for Dissolution of Marriage in Arizona and your spouse doesn’t file a Response within 20 days, you can request that the court allows you to proceed by “default.” This means that the divorce process can go forward without your non-responsive spouse’s involvement. In these cases, the court might go forth with a default divorce decree, finalizing the divorce according to the terms in your Petition.
What is Legal Separation and How is Legal Separation Different from a Divorce?
The process of legal separation is similar to that of a divorce in that the court will enter orders regarding custody, child support, parenting time, as well as allocation of assets and debts. However, Legal separation terminates the financial relationship between spouses, who will most likely now live apart, however, they are still legally married. This can be especially beneficial for a spouse who wants/needs to remain on the other’s health insurance. There can be financial benefits depending upon how the agreements are structured.
How Long Does a Divorce Take in AZ?
If the divorce is uncontested the process will take between 90-120 days. If the divorce is contested, they can take on average 1-2 years!
How Much Does it Cost to get a Divorce in Arizona?
First let’s breakdown unavoidable fees. Court filing fees are required to complete the divorce or legal separation process.
How much in Maricopa County to divorce?
|Petition for Dissolution of Marriage with Child(ren)||$349.00|
|Petition for Dissolution of Marriage without Child(ren)||$349.00|
|Response / Answer to Dissolution with Child(ren)||$274.00|
|Response / Answer to Dissolution without Child(ren)||$274.00|
|Petition for Legal Separation||$349.00|
|Response or Initial Appearance for Legal Separation||$274.00|
How much in Yavapai County to divorce?
|Petition for Dissolution of Marriage||$234.00|
|Petition for Legal Separation||$234.00|
|Response to Petition for Dissolution||$159.00|
|Response to Petition for Legal Separation||$159.00|
How much in Coconino County to divorce?
|Petition for Dissolution of Marriage||$319.00|
|Petition for Initial Appearance in Dissolution||$289.00|
|Petition for Legal Separation||$319.00|
|Response to Initial Appearance in Legal Separation||$289.00|
If a couple chooses to use divorce lawyers to complete their divorce, you can expect a straightforward divorce in Arizona with court proceedings to average around $5,000 to $10,000. If you have a higher net worth or property that is to be divided it will cost more. And for couples who simply cannot come to an agreement and need a judge to decide, costs could reach as high as $50,000 or more!
We can provide these services for a reasonable Flat Fee, which gives you certainty that you will get to a particular point or resolution.
If you need information about Arizona divorce laws, we can provide you with a free consultation, promising to help you through this challenging process with a simple, affordable, peace of mind solution.