Arizona Marital Settlement (Divorce) Agreement Form [PDF]

The Arizona marital settlement agreement form is a legal document created to guide married couples through the divorce process without the need for legal counsel. This agreement is used to address matters like child support, alimony, or the division of property.

Arizona law differentiates between two types of divorces—contested and uncontested. Contested divorce refers to a situation where spouses cannot reach an agreement on at least one of the matters previously mentioned. On the other hand, uncontested divorce means that an agreement is reached on all matters without the need for court intervention.

Divorce Forms

Divorce forms should be filed with the superior court of the county where spouses reside. Filing fees in Arizona can range from $200 to $400, depending on the county. The waiting period for divorce to be finalized is from 90 to 120 days.

Divorce Laws and Legal Requirements in Arizona

The divorce laws and legal requirements in Arizona are needed in order to provide direction and protect legal rights and obligations.

How to File For a Divorce in Arizona in 12 Steps

Starting the divorce process in Arizona can seem intimidating, but with the right guidance, you can complete the necessary steps smoothly.

#1. Choose the Proper Filing Procedure

Since Arizona has two types of marriages, traditional and covenant, spouses must start the divorce filing procedure according to the type of marriage they are in. This text will cover the steps for ending a traditional marriage. For a covenant marriage, spouses should ask the clerk at the county's courthouse about the exact filing procedure.

Selecting the correct filing procedure and understanding the proper steps to follow ensures a smooth divorce process.

#2. Obtain Divorce Forms

Divorce forms in Arizona should be obtained from the Supreme Court in the county where the spouse is living. This is important to remember because some counties in Arizona have specific forms that are different from regular ones.

You can also find divorce forms online on the court’s website or another legal platform. Additionally, seeking advice from a family law attorney might help in choosing divorce forms and filling them out.

The last option can be expensive, but there are free legal aid organizations that can help in these situations.

#3. Prepare Preliminary Documentation

Preparing preliminary documentation starts the process of divorce in Arizona. The first document spouses should fill out is “Petition for Dissolution of Non-Covenant Marriage.” There are two types of this document. One is for couples with children, and the other is for couples without.

This document presents information about spouses and their marriages to the court. Personal information is required, including the names, addresses, and phone numbers of both spouses. The document may also include brief information about property, children, child support, and alimony.

If spouses want to revert to their maiden names, they should request it in this document. When the document is ready, both spouses should sign it and have it notarized.

#4. Gather Additional Documents

Depending on particular circumstances and the court’s requirements, there might be a need for additional documents to go alongside the petition of dissolution. These documents may include:

• Summons: This document notifies the defendant that a petition for dissolution is filed and informs them of their rights and obligations during the divorce process.

• Family Court/Sensitive Data Cover Sheet: This document is necessary in some counties, and its main purpose is to provide information about spouses to the court. There are two types to choose from—the one for couples with children and the one for those without.

• Preliminary Injunction: This document presents spouses’ rights and obligations during the divorce process.

#5. Include Parental Documents

Parental documents should be included in cases where minor children are part of a marriage. An affidavit that assigns parental rights to the spouses should be signed and notarized.

It is very important to add a parenting plan at this stage to present the details of custody, child support, and parental rights to the court. Additionally, an order and notice to attend parent education should be included in case the parenting classes are required by law.

#6. File for Divorce

After preparing all necessary documents and making sure they are all filled out correctly, they should be submitted to the clerk of the Superior Court.

An additional two copies of each document must be submitted, and after filing, they will be returned to the petitioner. There is a filing fee to be paid, and if the petitioner is unable to pay it, a fee waiver can be requested from the clerk.

#7. Serve Papers

Before serving the papers, the petitioner should first get information about the acceptable procedure from the clerk of the Supreme Court.

• Mail or hand delivery: Papers served this way must include “Acceptance of Service” so that the defendant can sign this document in the presence of a notary public and present it to court as proof that they received divorce documentation.

• Service process server: The petitioner can hire a process server to deliver divorce papers to the defendant.

• Sheriff or constable: The sheriff can be hired to deliver the divorce papers, and he or she will provide the petitioner with service by sheriff notification when the papers are delivered.

#8. Wait for an Answer

An answer to the petition should be presented to the court and petitioner within a certain timeframe. The defendant may file a divorce complaint and challenge the grounds for divorce, or they may decide to agree to all statements and proceed with the uncontested divorce process.

The response to the petition form should be filled out by the defendant, notarized, and presented to the court and petitioner.

#9. Attend Parenting Information Program

After the petition is served, spouses who have minor children together are required to attend a Parent Information Program within 45 days. Spouses should contact the program providers and schedule a session.

A Certificate of Completion is received afterward, and it should be filed with the clerk at the court.

#10. Settle Child Support

Child support obligations in Arizona are established based on state guidelines that include multiple factors. Both spouses should fill out and sign a “Child Support Order” and include a worksheet for child support in this order.

An important part for spouses who provide child support is to fill out the “Income Withholding Order for Support” so that a portion of their income will be deducted.

#11. Create Consent Decree of Dissolution

A consent decree of dissolution is a legal document that defines agreements reached by spouses in the divorce process. For spouses who used the marital settlement agreement template, every matter agreed upon in it can be transferred to this decree.

If there are child support documents from the previous step, they should be included in this consent. Similar to the settlement agreement, the consent decree of dissolution needs to be signed by both spouses and notarized to secure authenticity.

#12. Finalize Divorce and Name Change

The petitioner may file the consent decree with the Superior Court 60 days after the defendant is served with the petition. The judge will determine if the decree is fair and grant the couple a divorce judgment to terminate their marriage.

If the spouses want to change their name, a certified copy of their decree must be obtained in order to use it as proof of the change.