Residency Requirements:
In order to file for divorce in Arizona, the filing spouse must have lived
in the State of Arizona for at least 90 days. There is a 60-day waiting
period after the respondent has been served with the service of process,
but that will be longer if child custody is at issue.
Legal Separation:
There is no residency time limit, but one spouse must live in Arizona when
the action for divorce was filed. The only ground for separation is the
desire of one of the spouses to live separately or the irretrievable
breakdown of the marriage. However, if one party objects to the legal
separation, the case will be changed to an action for dissolution of marriage.
General Divorce Procedure:
The respondent may file an acceptance and waiver of service. If an appearance
and waiver is filed, the court commissioner may hear the petition for the
dissolution of marriage. Separation agreements are encouraged.
|
|
Grounds for Arizona Divorce:
No-fault:
The only ground for divorce
in Arizona is irretrievable breakdown of the marriage and desire to live
separately and apart.
Fault-based:
Only one ground for divorce:
see above.
Mediation or Counseling:
Either spouse prior to filing for a divorce may request a mediation
procedure to save the marriage or help in the settlement. After filing
for dissolution of marriage the action may be transferred at the request
of either spouse to the conciliation court for mediation. If one spouse
denies that the marriage is irretrievably broken, the court may delay the
case for up to 60 days and order the spouses to attend a conciliation
conference.
Where to file for divorce:
In the county where the Petitioner resides.
|
