FAQS

It is not required that you need to have an attorney to represent you in a divorce case, but it is highly advisable. If you choose not to hire an attorney, you will still be expected to know and follow all the same rules and procedures as an attorney would. This is very difficult as judges, clerks, and staff of the court are not permitted to give you any legal advice. All your legal papers must be submitted in the proper form and filed on time. Since divorce cases often involve important issues about property, debt division, financial support, legal decision-making (child custody), and parenting time, it is in your best interests to at least consult with an attorney before even contemplating representing yourself. 

If you and your spouse decide to stay married, the divorce case can be canceled (or “dismissed”) by filing a request with the clerk of the Superior Court. 

To get a divorce, one spouse must start a court case in the Superior Court. There are particular steps that must be followed. These steps are controlled both by state law and rules and sometimes by local rules and procedures. Before starting the case, consult with an attorney to obtain information about your legal rights as well as the particular rules and procedures for your county. To begin the court case, one of the spouses must file with the Clerk of the Superior Court a written request called a “Petition.” A filing fee must be paid to the clerk of the Superior Court at the time of filing. If unable to pay, the petitioner can ask the court to postpone (“defer”) or forgive (“waive”) payment by filing a written application with the clerk of the Superior Court. 

The petition is the legal paper that asks the court to legally end the marriage and to issue other orders necessary to deal with the spouses’ property, debts, and financial support. If children are involved, the petition also should include specific requests for legal decision-making (custody), parenting time, and child support. The petition is an important legal document because generally, the court cannot give a spouse anything that is not requested and not included in the petition. 

In any legal case, the people involved are referred to by words that describe their role in the case. In a divorce case, the person who starts the court case by filing the petition is called the “petitioner.” The other spouse is called the “respondent” because that spouse can file a paper answering the petition that is called a “response.” 

With the Petition, the Petitioner must also fill out and have available seven other documents at the time of filing: 

Summons: The summons is a legal paper that tells the non-filing spouse (the respondent) that a divorce case has been filed and some action must be taken if the respondent wants to be heard by the court. 

Notice of right to convert health insurance: Under state law, when a divorce case is started, each spouse must receive a notice advising them of their rights and responsibilities regarding any existing health care insurance policy. 

Preliminary injunction: This is a court order that automatically takes effect when the divorce case is started and prohibits both spouses from doing certain things involving money, property, children, and insurance until the court can decide any issues involved or until the parties can reach a written agreement. 

Creditor notice: Under state law, when a divorce is started, each spouse must receive a notice advising them of their rights and responsibilities regarding debts acquired during the marriage. 

Family court cover sheet: This is a standardized form containing information about the parties who will assist the court in processing the case. 

Parent information program order and notice: Basically, this is the form that provides information on the parenting class that each parent must attend (not needed if there are no minor children common to the parties). 

Affidavit regarding minor children: This may be needed if minor children are involved.

The Summons is the official court paper that tells the other spouse that a divorce case has been started and that some action must be taken if the other spouse wants to be heard by the court. It also tells the spouse that there is a time limit in which to act. The summons must be signed and stamped by the clerk of the Superior Court to be official. The divorce case cannot go forward until the summons (with the petition and other papers) are delivered to the spouse in the proper way. 

The preliminary injunction prevents (“enjoins”) each spouse from doing certain things that might damage the person, property, or legal rights of the other spouse. The purpose of the preliminary injunction is to keep each spouse from making decisions or taking actions about money and property belonging to both spouses and preserves the legal interests of any minor children until a written agreement is reached by the parties or the court has had the opportunity to make fair decisions about these matters. As much as possible, it keeps everything as it was during the marriage while the divorce case is before the court. The preliminary injunction is an official court order that is effective until the divorce case has ended. The preliminary injunction does these things: 

Directs the spouses not to sell, give away, transfer, borrow against, or hide any community property unless needed for the necessities of life or done in the usual course of business. 

Prohibits family violence. 

Orders both spouses not to remove any children living in Arizona from the state without the written agreement of both spouses or the court’s permission. 

Requires that all types of insurance coverage for the spouses and any children remain effective and that no one is removed. A spouse who disobeys the preliminary injunction may be arrested and prosecuted for the crime of interfering with judicial proceedings; that spouse may also be held in contempt of court (violation of a court order for which a party may be punished by a fine or jail).

Under the United States’ system of constitutional law, the court cannot act in a case unless all interested persons are notified and have a chance to be heard. In a divorce case, this means that the papers initially filed by the petitioner must be made available to the other spouse, who then can reply to the court. Once that happens, the petition is placed on the assigned judge’s docket and set for further proceedings. Different judges handle the initial administrative settings of their cases differently. Some judges will automatically set for a resolution management conference (RMC), which is essentially a scheduling conference to keep the case moving forward. Either party can file a motion asking the court to schedule temporary orders or a status conference or even a referral to alternative dispute assessment (ADR). 

Giving notice to the other spouse that a divorce case has been started is called “service” and is done by giving (“serving”) copies of the summons, petition, and other papers that the petitioner has filed to the other spouse. There are rules governing proper service: either the party must be served by law enforcement or a licensed process server, or the other party can sign an acceptance or waiver of service form to be filed with the court. 

If you do not know where the respondent lives but the last known residence was in Arizona, service may be made by publishing a copy of the summons in a newspaper for four consecutive weeks. When service is made by publication, the court is limited in its authority to make orders in the case. For example, the court could not order that the respondent pay financial support for the petitioner or for any children. 

The summons and a copy of the petition and other required papers must be served within 120 days of filing the petition. (The court can allow more time if a request is made before the 120 days runs out.) Otherwise, the court case will be ended (“dismissed”) and must be started again. 

The preliminary injunction prevents (“enjoins”) each spouse from doing certain things that might damage the person, property, or legal rights of the other spouse. The purpose of the preliminary injunction is to keep each spouse from making decisions or taking actions about money and property belonging to both spouses and preserves the legal interests of any minor children until a written agreement is reached by the parties or the court has had the opportunity to make fair decisions about these matters. As much as possible, it keeps everything as it was during the marriage while the divorce case is before the court. The preliminary injunction is an official court order that is effective until the divorce case has ended. The preliminary injunction does these things: 

Directs the spouses not to sell, give away, transfer, borrow against, or hide any community property unless needed for the necessities of life or done in the usual course of business. 

Prohibits family violence. 

Orders both spouses not to remove any children living in Arizona from the state without the written agreement of both spouses or the court’s permission. 

Requires that all types of insurance coverage for the spouses and any children remain effective and that no one is removed. A spouse who disobeys the preliminary injunction may be arrested and prosecuted for the crime of interfering with judicial proceedings; that spouse may also be held in contempt of court (violation of a court order for which a party may be punished by a fine or jail).