The Arizona Divorce Petition form is a legal document used to initiate divorce proceedings in the state of Arizona. This form is essential for individuals seeking to dissolve their marriage, especially when children are involved. It outlines the necessary information and steps required for filing, ensuring that both parties understand their roles in the process.
When filling out the Arizona Divorce Petition form, there are important dos and don'ts to keep in mind. Following these guidelines can help ensure that your petition is completed correctly and efficiently.
Before filling out the Arizona Divorce Petition form, ensure you have lived in Arizona for at least 90 days, or that your spouse has been stationed here for the same duration if they are in the military.
If you have children, they must have lived in Arizona for at least 6 months for the court to have jurisdiction over child-related matters.
Understand the terms “Petitioner” and “Respondent.” The person filing for divorce is the Petitioner, while the spouse receiving the divorce papers is the Respondent.
Arizona is a no-fault divorce state, meaning you only need to state that the marriage is irretrievably broken without needing to prove wrongdoing.
If you are a victim of domestic violence, you can seek an immediate Order of Protection from the court. This is crucial for your safety and that of your children.
Be cautious about including sensitive data, such as social security numbers or financial information, in your petition. Use the Confidential Sensitive Data Form for this purpose.
Consider consulting with a lawyer, even if you plan to represent yourself. Legal advice can help you navigate the complexities of divorce and avoid potential mistakes.
A petition is a formal written request to the court for a divorce. It outlines the reasons for the divorce and any specific requests you have regarding the division of property, child custody, and support. By filing a petition, you are initiating the legal process to dissolve your marriage.
The person who files the divorce petition is referred to as the PETITIONER. Conversely, your spouse, who receives the petition, is known as the RESPONDENT. All documents related to the divorce will use these terms to identify the parties involved.
To file for divorce in Arizona, either you or your spouse must have lived in the state for at least 90 days prior to filing. If you are in the military, you must have been stationed in Arizona for at least 90 days. If you do not meet this requirement, you will need to wait until you have lived in Arizona for the required time before filing.
If you have children and the court needs to make decisions about parenting time or child support, Arizona must be considered their home state. This means your children must have lived in Arizona for at least 6 months before you file for divorce. If you are unsure about your children's residency status, it is advisable to consult with a lawyer before proceeding.
Yes, Arizona is a no-fault divorce state. This means you do not need to prove that one spouse did something wrong to cause the divorce. You simply need to state that the marriage is irretrievably broken, indicating that there is no reasonable possibility of reconciliation.
While it is possible to represent yourself, consulting a lawyer is highly recommended. Legal cases can be complex, and a lawyer can provide valuable advice tailored to your situation. This guidance can help you avoid mistakes and save you time and money in the long run.
The Self-Service Center, located in the Pima County Law Library on the second floor of the Pima County Superior Court, can assist you with legal questions. They are open Monday through Friday from 8 a.m. to 5 p.m. You can also reach them at (520) 724-8456 or via email at pcll@sc.pima.gov for more information.
Sensitive data refers to personal information that you may not want to disclose publicly, such as social security numbers or bank account details. Because court documents are generally accessible to the public, you should use a separate Confidential Sensitive Data Form to protect this information. Indicate on your petition that sensitive information is included by writing “SEE CONFIDENTIAL SENSITIVE DATA FORM.”
If you are a victim of domestic violence, it is crucial to prioritize your safety. You can obtain an immediate Order of Protection from the Clerk of the Court. This order can help keep your spouse away from you and your children. If you are in a safe location, avoid including your address on court documents and consider using a P.O. Box instead.
If you need assistance with completing your divorce forms, resources are available. You may consider seeking help from a lawyer or visiting the Self-Service Center for guidance. They can help you understand the forms and the filing process to ensure that everything is completed correctly.
When filing for divorce in Arizona, several important documents accompany the Divorce Petition form. Each of these forms serves a specific purpose and helps ensure that the process runs smoothly. Below is a list of commonly used forms that you may need.
Understanding these documents can help you navigate the divorce process more effectively. It’s always a good idea to seek guidance if you have questions about any of the forms or the procedures involved. Taking the time to prepare and understand these documents can make a significant difference in your experience.
Name Change After Divorce Arizona - Completing the application accurately increases the chances of a smooth name change process.
Best Interests Test Applies to Paternity Testing in Arizona - Witness signatures can be provided by any qualified person who is at least 18 years old and unrelated to the parents.
DIVORCE
WITH CHILDREN
PETITION
Packet #2
These forms must not be used to engage in the unauthorized practice of law. The court is not responsible for (1) actions taken by the users of these forms or
(2) the users’ reliance upon the instructions or information provided.
DWC Petition Updated March 2017
Are you the victim of domestic violence?
Important! Read this first…
Unfortunately, domestic violence may occur in any marriage and may be
directed against you personally or against your children.
You are a domestic violence victim if you or your children have experienced any of the
following:
!Physical acts like hitting, slapping, pushing or kicking
!Threats of physical violence by phone or in person
!Abusive words and/or behavior used to control you or put you in any kind of danger
!Being followed around throughout the day or having your interaction with others monitored
!Being forbidden to leave your house or being taken against your will and kept at any other location
!Having your spouse enter the house against your will, behave in a disorderly manner and/or damage property
!Conduct that involves disobeying court orders, including interfering with your parenting time
!You DO NOT need to have been seen at a hospital or at a doctor’s office.
!Your spouse DOES NOT need to have been convicted of domestic violence or assault.
You can get an IMMEDIATE Order of Protection to keep your spouse away from you and your children by obtaining a Petition for Order of Protection from the Clerk of the Court on the first floor of the Pima County Superior Court, Room 131A. You may submit the Petition to any of the following court locations between the hours of 8 a.m. and 4:30 p.m.
Tucson City Court
Pima County Juvenile Court Center
103 E. Alameda St.
2225 E. Ajo Way
520-791-4971
520-724-2045
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Pima County Consolidated Justice Court
Pima Superior Court Clerk’s Office
240 N. Stone Avenue
110 W. Congress, 1st floor
520-724-3171
520-724-3210
To get an Order of Protection after hours or on weekends or holidays, call:
Tucson Police Department
Pima County Sheriff’s Department
520-741-4444
520-351-4900
In case of emergency, call 911.
If you are in a protected location or shelter
DO NOT put your address or phone number on the court documents!
If possible, get a P.O. Box or use another valid mailing address on the papers, and tell the Clerk of the Court about your existing Order of Protection and case number.
You can ask for a Protected Address with the Request for a Protected Address form. Both the Request for a Protected Address and Order for a Protected Address are included at the end of this packet.
You can find more information about Orders of Protection at the Clerk of Court located on the first floor of Pima County Superior Court (110 West Congress Street, Tucson Arizona 85701). They are open from 8:00 am to 5:00 pm Monday through Friday (except holidays). For more information, call (520) 724-3210.
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General Information &
Frequently Asked Questions
This packet contains general information, instructions and court forms for you to complete and file with the court.
What is a Petition for?
A petition is a written, legal request for a divorce.
What do “Petitioner” and “Respondent” mean?
Because you are the one asking and filing for divorce, you are called the PETITIONER. Your spouse is the RESPONDENT on all your divorce documents.
Are there any requirements for filing for divorce in Arizona?
In order to file for a divorce in Arizona, you or your spouse must have lived in Arizona for at least 90 days before you file. If you are in the military, then you have to have been stationed in Arizona for at least 90 days.
If you have not lived in Arizona for at least 90 days DO NOT FILE. You have to wait until you have lived here at least 90 days.
If the judge needs to decide on matters about children, like parenting time or child support, then Arizona must be your children’s home state (primary place of residence). This means your children must have lived in Arizona for at least 6 months before you file.
If you are not sure if Arizona is the home state (primary place of residence) for your children, talk to a lawyer before filing for divorce.
Arizona is a no-fault divorce state. You only need to show that the marriage is irretrievably broken (meaning there is no reasonable possibility of getting back together).
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This symbol is a warning. It can mean a few different things:
•The topic can be confusing and you may need to ask a lawyer for help
•You may need to make sure something is done
Whenever you see this symbol, make sure you read the information carefully and understand it fully.
Should I see a lawyer for help?
Court cases can be very complicated, and even if you are representing yourself you should see a lawyer for legal advice as to how the law applies to you, and what is best in your particular situation. This might save you time, money and trips to court, and help you to avoid serious mistakes.
There are lawyers who will help you. They will only charge you for giving you the help you need, and you can complete the court papers on your own or ask the lawyer for help with your papers. For more information, call the Self-Service Center at (520) 724-8456 and ask how to find an attorney.
Where is the Self-Service Center?
The Self-Service Center is located in the Pima County Law Library, Room 256, on the second floor of the Pima County Superior Court (110 West Congress Street, Tucson, Arizona 85701). It is open from 8 a.m. to 5 p.m. Monday through Friday (except holidays). For more information, call (520) 724-8456 or email pcll@sc.pima.gov.
What is “Sensitive Data” and why do I need to fill out a separate form?
Sensitive data, or sensitive information, is information that you might not want other people to see. Sensitive data includes your social security number, bank account number, credit card number, and other financial account numbers.
Court documents, for the most part, can be seen by anyone. If you need to include any of the types of information listed above in your Petition, you should write “SEE CONFIDENTIAL SENSITIVE DATA FORM” where you would normally put that information. Then you need to fill out the Confidential Sensitive Data Form, which is included at the end of this packet. This is where you will write the actual sensitive information.
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This is important because the “Confidential Sensitive Data Form” will not be seen by the public.
If you ever need to give the court new information, then you should file an updated sensitive data form. Include all other sensitive data forms that you have already given the court, plus any new sensitive information that you need to tell the court.
Anyone who includes “sensitive data” in documents filed with the court, other than on a Confidential Sensitive Data Form, does so at their own risk.
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How Do I get a Divorce?
There are a few steps you have to take in order to get a divorce.
Step 1. File your divorce papers
To file a Petition for Divorce, use the forms and instructions in this packet. This first set of paperwork is the beginning of the divorce process.
Step 2. Serve the divorce paperwork
A copy of your petition must be officially served on your spouse. This tells your spouse that you are asking for a divorce and gives your spouse an opportunity to file a Response to your petition. This step is very important! There are specific directions for how to officially serve the Petition on your spouse. Forms and instructions are in Packet #10 Service of Papers.
Step 3. Request a default decision OR go forward with a divorce trial
If your spouse does not file a Response to your Petition through the court within the time limits of the Summons (see Packet #10 Service on the Other Party), the divorce can proceed as a Default. A Default means that the court will order everything legally reasonable you asked for in your Petition. Before your divorce can proceed as a Default, you must file an application for Default. Forms and instructions are in Packet #11 Obtaining a Default Decree.
If your spouse filed a Response and you cannot reach an agreement, you will need to have a divorce trial. Forms and instruction are in Packet #14 Trial Preparation. If this is the case, you should seek the advice of a lawyer.
Step 4. Get a final decision
To make your divorce final, you have to fill out a Decree to be signed by the judicial officer. The Decree is the final order from the court granting you the divorce and deciding the other issues related to the divorce. Forms and instructions are in Packet #4 Divorce with Children Decree.
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What about my children?
Because your divorce involves minor children, you and your spouse are required to attend the Domestic Relations Education on Children’s Issues Course (Parent Education Class). You must complete this class within the first 45 days after your Divorce Petition was served on you. You are not responsible for your spouse’s attendance, but no request regarding Legal Decision-Making or Parenting Time will be granted to a non-attending spouse, and the course must be completed before attending Conciliation Court
Mediation. There is a fee for this class. You can register for the course at www.sc.pima.gov/fccc/parented or by calling 520-243-4949.
What if my spouse and I
disagree about the children?
If you and your spouse cannot agree on a plan for how each of you will spend time with the children or make legal decisions for them, you will eventually be required to attend Conciliation Court Mediation
for help in writing a Parenting Plan for your minor children (See Packet #9 Legal Decision- Making and Parenting Time). You will both meet with a neutral third party to get help in solving your problems. Mediation does not deal with child support (see Packet #8 Child Support), spousal maintenance (alimony), or division of property or debts. You can ask for mediation at any time with Packet #15 Mediation.
Mediation is offered as a free service only through the Conciliation Court.
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!
How much will all this cost?
FEES IN GENERAL
As of May 2014, the cost to file:
•Packet #2 Divorce with Children Petition: $263
•Packet #3 Divorce with Children Response: $194
•Packet #5 Divorce without Children Petition $263
•Packet #6 Divorce without Children Response $194
•Packet #18 Paternity $258
•Packet #19 Paternity Response $189
•Petitions for "post-decree" matters, such as Child Support Modification: $84
OTHER EXPENSES INCLUDE:
•The mandatory Parent Education Class fee: $45 (details on page 7)
•Legal record copies through the Clerk of the Court, per page: $0.50
•General use copies made in the library, per page: $0.15
NOTE: You have to pay fees to file documents for your divorce. If you can’t afford the court fees or other costs for a divorce, you may be able to get a deferral or waiver.
HOW TO GET A DEFERRAL OR WAIVER
You can apply for a full waiver or deferral of the fees if you cannot pay.
•A deferral means that you do not have to pay any fees at the beginning of your case, but you will be expected to pay on a predetermined schedule.
•A waiver means that you do not have to pay the fees at all.
•Not everybody who requests a deferral or waiver receives one.
•You file for a deferral or waiver at the same time you file your petition or response.
For more information see Packet #12 Deferral/Waiver of Fees & Costs
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Volunteer Lawyers Program
Domestic Relations Clinic
Pima County Superior Court has a program through which free assistance is given to people representing themselves in a family law matter.
At the clinic, someone will review your Decrees, Child Support Orders, and Income Withholding Orders to help ensure these documents are complete and legally correct.
Making use of the Clinic is in your best interest. The judicial officer will not sign any documents that are incorrect or incomplete. In such cases, you will have to leave, correct your documents, and then schedule another hearing.
To schedule an appointment call the Pima County Law Library at 520-724-8456, or go in person to the library on the second floor of the Pima County Superior Court for information.
There are lawyers who will help you help yourself
This means that they will only charge for the help you need, and you can complete the court papers on your own.
Court cases can be quite complicated, and talking to a lawyer can help you avoid serious mistakes and save you time, money and trips to the court.
For more information, call the Self-Service Center at 520-724-8456 and ask how to find an attorney. You can also contact the Pima County Bar Lawyer Referral Service by calling 520- 623-4625. You can have one-half hour with a family lawyer for a small fee or you may be directed to an attorney who will represent you for a reduced fee.
We encourage you to also make use of the additional resources following this
page for more information on finding a lawyer.
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Once you have gathered the necessary information and documents, you can begin filling out the Arizona Divorce Petition form. This form is essential for officially starting the divorce process. Follow these steps carefully to ensure that you complete it accurately.
After submitting the petition, you will need to serve your spouse with a copy of the filed documents. This step is crucial to ensure that they are aware of the divorce proceedings. Once your spouse has been served, you can proceed with the next steps in the divorce process.
When filling out the Arizona Divorce Petition form, one common mistake is failing to provide accurate personal information. It is essential to include correct names, addresses, and contact details for both the Petitioner and the Respondent. Any discrepancies can lead to delays in processing the petition or even cause the court to reject it. Double-checking this information before submission can save time and stress.
Another frequent error involves misunderstanding the residency requirements. Arizona law states that either the Petitioner or the Respondent must have lived in the state for at least 90 days before filing. If this requirement is not met, the petition will be dismissed. It is crucial to confirm that you or your spouse meets this residency rule prior to filing.
Some individuals neglect to consider their children's residency status, which can complicate the divorce process. If children are involved, Arizona must be their home state for at least six months before filing for divorce. Failing to verify this can lead to jurisdictional issues, making it important to consult legal advice if there is any uncertainty.
Additionally, many people overlook the importance of understanding the terms "Petitioner" and "Respondent." The Petitioner is the one who files for divorce, while the Respondent is the spouse being served. Mislabeling these roles can create confusion and may affect how the case proceeds.
Another mistake is the failure to address sensitive information appropriately. Sensitive data, such as social security numbers and financial account details, should not be included in the petition itself. Instead, individuals must use the Confidential Sensitive Data Form. Ignoring this step can expose personal information to the public, which is a significant concern for many.
Lastly, individuals often underestimate the complexity of the divorce process and the value of legal assistance. While it is possible to represent oneself, having a lawyer can provide essential guidance and help avoid mistakes. Seeking legal advice can make a significant difference in navigating the process smoothly and efficiently.