Even though it is pretty hard, you can still handle the divorce yourself without a lawyer in Arizona. When you prefer to file for divorce yourself, you’ll need extra energy to meet all requirements and follow every single process.
The most significant reason why many Arizonans choose do-it-yourself divorce is to save money. However, hiring a divorce lawyer can sometimes be quite expensive, not to mention the budget you must spend to complete the divorce requirements.
If you decide to file for divorce and go through the divorce process yourself, you must first determine whether you’re eligible to file for divorce on your own and whether you’re prepared to follow all Arizona divorce rules correctly.
Thankfully! We’ll show you the guidance to file for divorce alone without a lawyer in Arizona. Let’s check it out below!
Also Read: Can You Deny Visitation if There is No Court Order?
Filling for a Do-It-Yourself Divorce in Arizona Without a Lawyer
When you file for divorce in Arizona, your case will fall under the jurisdiction of the Superior Court, and a Family Law Judge will process your case and issue a divorce decree.
When you handle your divorce yourself, you definitely need to get and fill out the forms alone. Then, you need to file the paperwork in court and follow step-by-step until the court decides the divorce legally.
The following are steps to file for a DIY divorce:
Step 1: Understand the Arizona Divorce Laws
Arizona Revised Statutes, Title 25, is a law regarding dissolution of marriage, a legal term for divorce in Arizona. It sets out the requirements for whether a person is eligible to file for divorce in Arizona.
See details about Arizona divorce law here. https://www.azleg.gov/arsDetail/?title=25
Additional procedures and requirements are set forth in the Arizona Family Law Rules. Well, the complete divorce papers will be available at the court. In addition, some courts may offer special programs such as counseling or mediation before the divorce papers are filed.
Step 2: Know the Requirements
The law on divorce contains requirements and rules related to filing for divorce. So, it’s best for you to learn in depth about the requirements before filing a petition in Arizona.
You’re eligible for divorce if:
- You and your spouse have lived in the state of Arizona for at least 90 days before a petition is filed.
- You have minor children; they must have lived in Arizona with the parent for at least six months prior to the date the divorce was filed.
- You and your spouse have children together; they must have lived in the state of Arizona for at least six months before the court has legal authority regarding child custody and parenting time.
- You need to wait at least 60 days if you have just moved to Arizona.
- You shouldn’t prove any fault to get a divorce in Arizona.
If you haven’t been a permanent resident for 90 days, don’t worry. You can stay there and take a few weeks to get your paperwork ready.
According to Arizona Revised Statutes sections 25-1002 and 25-1031 (2023), you should consult with an experienced family law attorney if you do not meet the six-month requirement. This is to find out if you qualify for one of the complicated exceptions to the law.
Step 3: Make a Separation Agreement
The separation agreement document should contain all the terms of the divorce that both parties agree to. This usually outlines how their assets will be divided and their responsibilities to their children after they separate.
If one parent does not comply with the court orders regarding the custody awarded, they will face actual consequences, which should also be written into the separation agreement. To ensure this, the court may include a separation agreement in the divorce decree that must be signed by both parties and the judge. This agreement is completely legally binding.
Before you sign any divorce agreement, you should study it first. Make sure not to sign anything you don’t understand to avoid any consequences that may arise later. After all, you are representing yourself when filing for divorce on your own. Therefore, be sure to always consider every decision you make. Don’t let yourself fall victim to high-pressure tactics.
Step 4: Set Up Your Parenting Plan Agreement
Parenting plans are outlined in Arizona Revised Statutes, Section 25-403.02. So, it’s best for you to read and understand it first before entering into a parenting plan agreement. Sure, you should create the parenting plan as clearly as possible.
Both custodial and non-custodial parents have to agree on a parenting plan that is in the best interests of the child. If one parent fails to meet agreement, for example, the non-custodial parent consistently misses parenting time, the court may decide to reduce the visitation schedule and even revoke your visitation rights.
Be sure to explain every detail briefly and thoroughly, such as parenting time, vacation schedules, extracurricular activities, etc. However, ambiguous terms will provide room for interpretation that can cause conflict between them.
Step 5: Get Various Divorce Forms Yourself
Filling out a DIY divorce means you must do everything yourself, including obtaining all the necessary documents, including a petition. You can download them through the Arizona Judicial Branch website.
You can get the forms for free, but you’ll be charged a court filing fee. If you have minor children, you can use the Dissolution of Marriage with Children form.
In addition, you must also create your own form to disclose your personal financial situation regarding income, debts, and assets. Sure, this is part of the disclosure process in every divorce.
When filling out the form, be sure to fill it out in accordance with the type of form it is: it could be a generic form or one that you can fill out yourself to customize it to your specific needs and circumstances. Also, you can take advantage of the marriage settlement agreement form as a framework and make your own.
Step 6: List All Marital and Separate Property
In Arizona, marital property can be assets and debts that are acquired during the marriage and should be divided, and each spouse has half a share and is equally responsible for joint debts.
While separate property is the one that belongs to the owning spouse, it cannot be divided in divorce since one party had it before marriage. Of course, you’ll have to prove that the asset and debt are separate property.
Listing all marital and separate property is a way to protect your finances and financial future. Don’t let yourself not get any assets after divorce that are rightfully yours.
Step 7: Create a List of Pension, Retirement Plans and Deferred Compensation
In addition to your current assets, you must also make a detailed list of retirement funds, pension plans, and deferred compensation—such as pensions, 401k, IRAs, and military retirement pay. However, if these were funded during the marriage, they are joint assets that can be divided in a divorce.
Each pension or retirement asset will determine your and your spouse’s interests in the divorce decree. A Qualified Domestic Relations Order (QDRO) will be required to divide these retirement funds.
Step 8: Submit Divorce Documents
After you have everything ready, you should submit all divorce documents with the Clerk of the Superior Court in the county where you reside at the time of filing.
When it comes to child custody decisions, this may depend on the rules of the particular jurisdiction where the child resides. For example, if the child is living outside the state of Arizona with the other parent when the divorce is filed in Arizona.
Step 9: Go Through the Process
After the Clerk of Court receives your divorce petition, they will stamp the divorce papers and serve the documents you filed on your spouse. During this process, you must follow each procedure correctly.
Once completed, you can file for proof of service. Also, you must serve the motion on your spouse. If there are any pleas or requests, you must serve them properly. However, the court will not issue an order on the motion. If you fail to serve your spouse, it means you are just wasting your time, money, and effort.
Step 10: Take Parenting Classes
If you have minor children, you and your spouse must take Parent Education Classes. Be sure to take classes from a court-approved provider. Once completed, you can file your certificate of completion with the court.
Step 11: File a Formal Request with the Court
The court will issue an order if you file a formal request through a motion, a written request that one party submits to the court along with a proposed order for the judge to sign.
Keep in mind that each motion has a specific purpose, including:
- Motion for temporary injunction, which requests a court order regarding child custody, child support, debt payment, spousal maintenance, etc.
- Motion for mediation, which requests a court order to mediate regarding a custody dispute, parenting time, and access.
- Motion for parenting conference, which requests a court order to hold a parenting conference with a court-appointed conciliator.
- Motion for child custody evaluation, which requests a court order to conduct an evaluation regarding child custody.
Be sure to always follow the Arizona Family Law Rules of Procedure and obey the court rules if a defense is necessary.
Step 12: Don’t Miss the Court Deadline
Finally, you should always keep track of court dates and deadlines. If you miss the court’s time to provide information, file, respond, or appear in court, it will negatively impact your case.
The court may issue orders regarding child custody, child support, spousal support payments, and even property division without first hearing from you.
Okay, those are steps you should take when filing for divorce in Arizona yourself without a lawyer.
Don’ts When Filing for Divorce Yourself
The following are the things you shouldn’t do when you file a DIY divorce:
- You sign documents you don’t understand about.
- You assume that a separation agreement would meet your needs.
- You don’t follow proper court procedures.
- You don’t obtain an independent legal opinion.
- You failed to prepare a clear parenting plan.
- You don’t prepare for a child custody evaluation.
- You missed important filing deadlines.
- You don’t serve documents on the other party.
- You don’t place a proper value on your property and debts.
- You failed to obtain a life insurance order.
- You didn’t protect separate property that you owned before the marriage.
- You don’t make any effort to get your share of retirement benefits and pensions.
Before you actually file for divorce in Arizona on your own, make sure to notice a few things that you shouldn’t do if you don’t get any consequences later.
