To start the divorce process when there are minor children (non-covenant marriage only)
- You want to file a petition for divorce; AND
- You do not have a "covenant marriage"* (covenant marriage is an unusual situation; most people will not have a covenant marriage); AND
- You and your spouse have minor children with each other; AND
- The minor child(ren) resided (lived) in Arizona at least 6 months before you file the petition or you talked to a lawyer who advised you that you could pursue the case in Arizona; AND
- Either spouse lived in Arizona at least 90 days before you file the Petition, or is a member of the armed forces and is stationed in Arizona at least 90 days before you file; AND
- You believe that the marriage is irretrievably broken (you and your spouse cannot make this marriage work); AND
- You or your spouse have either tried to resolve your marital problems through Conciliation Services, or there is no point in trying to resolve your marital problems.
*What is a "Covenant Marriage?" To have a "covenant marriage," both spouses would have had to:
- sign papers (essentially a contract) requesting a covenant marriage; AND
- attend pre-marital counseling; AND
- your marriage license would say "Covenant Marriage."
If you were married before August 21, 1998 and have not signed papers to convert your marriage to a "covenant marriage", you do not have a "covenant marriage". See A.R.S. § 25-904 for requirements for legal separation for a "covenant marriage". If you still have questions about whether you have a "covenant marriage," see a lawyer for help.
Packets contain ALL forms and ALL instructions needed for this process.
To start the divorce process when minor children are involved - Instructions and Forms - DRDC1
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