Divorce

“Covenant marriage” means a type of marriage available only in select states, including Arizona, in which the spouses promise that they will participate in marriage counseling before filing for divorce and agree to a longer waiting period before the divorce can be final. Nolo.com See also ARS §§25-901 and 25-903

“Divorce” means to legally terminate a marriage. Nolo.com  See also ARS §25-312

“Jurisdiction” means the authority of a court to hear and decide a case. An Arizona Superior Court must have jurisdiction to process a divorce case. Specifically: you or your spouse must have lived in Arizona at least 90 days before you file the Divorce Petition, or one of you is a member of the armed forces and has been stationed in Arizona at least 90 days before you file for divorce. Nolo.com See also ARS §25-311

“Legal Separation” means the legal status of living apart while remaining legally married. This is an alternative option to divorce that some people choose to do instead of a divorce. If you legally separate from your spouse, you are still legally married. Nolo.com  See also ARS §25-313

Arizona Revised Statutes §§ 25-301 through 25-381.24: These Arizona statutes govern Dissolution of Marriage (Divorce).

Arizona Revised Statute §25-901 through 25-906: These Arizona statutes govern Covenant Marriage.

Arizona Revised Statute §25-312: This statute lists all the criteria necessary for a divorce to be entered in the court in Arizona.

Arizona Revised Statute §25-313: This statute lists all the criteria necessary for a legal separation.

Arizona Revised Statute §25-318: This statute outlines the disposition of property and assignment of debts in a divorce.

Arizona Revised Statute §25-903: This statute outlines the grounds necessary for a covenant divorce.

Arizona Rules of Family Law Procedure, Rule 23: Describes the initial petition and response in a family court action.

Arizona Rules of Family Law Procedure, Rule 91.3: Describes the procedure for modifying a court order for parenting time.

The Superior Court in Maricopa County has created forms that you can use to start and complete the divorce process, as well as forms that can be used to make changes to a divorce decree/order. Please be sure to read the checklist for each packet to ensure the forms are right for your situation. Be aware that our forms are designed for divorce for non-covenant marriage only. If you have a Covenant Marriage, you will need to consult with an attorney to see what types of forms you will need for your divorce.  

Divorce when no minor children are involved (non-covenant marriage only) - Use these forms to petition for divorce when you do not have minor children. These forms include information on how you want to divide your property, assets, and debts.

Divorce when minor children are involved (for non-covenant marriage only) - Use these forms to petition for divorce when you have minor children. These forms include information on how you want to divide your legal decision-making, parenting time, and child support in addition to property, assets, and debts.  

Pre-Decree Temporary Orders - Use these forms when you have an ongoing case happening in the court for a Divorce, Legal Separation, or Establishing Paternity and/or legal decision making, or parenting time but you also need a temporary order while the case proceeds.

Post-Decree Temporary Orders with Notice – Use these forms when you are filing a modification and want to ask the Court for a temporary order while the modification is in process.

Post-Decree Temporary Orders without Notice – Use these forms if there is an emergency affecting the health or safety of the child and you need the Court to enter an order without giving notice to the other parent first. 

Appenzeller, Barbara. “Financial Settlements and Support Issues in Divorce.” National Business Institute: Eau Claire, WI. 2010. KFA500 .A66. Only available at our Downtown location.

Arizona Divorce/Legal Separation Flowchart; Arizona Bar Foundation. Phoenix, AZ. 2022. Para español, haga clic aquí.

Armstrong, Mark W., et. al. Arizona Practice: Arizona family law rules handbook. (Volume 13). Thomson Reuters: Eagan, MN. KFA2494 .A73. Also available on Westlaw.

Best, Cynthia. “Nuts and bolts of divorce law.” National Business Institute: Eau Claire, WI. 2013. KFA2500 .B47. Only available at our Downtown location.

Cantor, I., and Smith, C. M., Arizona Practice: Marriage Dissolution Practice (volumes 3). Thomson Reuters: Eagan, MN, KFA 2500 .S65. Also available on Westlaw.

“Covenant Marriage In Arizona.” Court Services Division; Arizona Supreme Court. Phoenix, AZ. 2006.

Creighton, C. A., Arizona Legal Forms: Domestic Relations (volumes 4, 4A). Thomson Reuters: Eagan, MN, KFA 2468 .A75. Also available on Westlaw.

“Divorce (Dissolution) and Legal Separation Process Guide.” Law Library Resource Center, Maricopa County Superior Court. 2019. Para español, haga clic aquí.

“Divorce Resources: Determining Your Objectives/Setting Expectations”org; Arizona Bar Foundation. Phoenix, AZ. 2022.

Donaldson, Monica; Griggs, Thomas J.; Horowitz, David N.; Sabnekar, Susannah D. “Family law from A to Z.”National Business Institute: Eau Claire, WI. 2010. KFA2494 .D65. Only available at our Downtown location.

FAQ – Divorce. AZCourthelp.org; Arizona Bar Foundation. Phoenix, AZ. 2022.

FAQ – Separation.org. Arizona Bar Foundation. Phoenix, AZ. 2022.

Stewart, Scott David. “The Arizona divorce handbook: your step-by-step guide to navigate Arizona divorce.” Law Offices of Scott David Stewart: Phoenix, Ariz. KFA2500 .S84. Only available at our Downtown location.  

“What to Include in Your Filing.” AZCourthelp.org; Arizona Bar Foundation. Phoenix, AZ. 2022.

This information is provided by the Law Library Resource Center of the Superior Court of Arizona in Maricopa County. 

You may contact a reference librarian as follows:

email: services@jbazmc.maricopa.gov

chat: https://superiorcourt.maricopa.gov/llrc/

in person: 101 W. Jefferson, Phoenix

You may contact the Law Library Resource Center at:

phone: 602-506-7353

locations 

Last update: 1/5/2023