In Arizona, the spouse who files for divorce is called the Petitioner. The other spouse in the case is called the Respondent. State law requires that at least one of the parties has lived in the state for 90 days. Additionally, the divorce cannot become final for at least 60 days after paperwork has been filed.
The type of paperwork that needs to be filled out depends on whether or not a couple has minor children. If there are no minor children, the couple only needs to provide the court with basic information such as the names and addresses of those filing. Paperwork will also need to be filled out that will list all community property and whether support is being requested. Arizona is a community property state, which means that marital property is generally split evenly.
If the couple does have minor children, child custody and support forms may need to be filled out. These forms will determine how much support may be ordered and whether the parents want to have joint custody of their kids. If a couple has no children, it may be possible to settle a divorce via mail. This may be possible as long as no spousal support is being requested and the couple does not own any real property. An Application for Default must be filed before a judge will allow a mail-in divorce.
Those who are seeking a divorce in Arizona may wish to talk to a family law attorney. An attorney may be able to advise an individual about his or her rights as they relate to spousal or child support. Family law attorneys may also be able to help an individual determine whether or not they need to appear in court or can complete the divorce through the mail.