Frequently Asked Questions About Arizona Divorce
Do you offer online divorce services?
Yes! We offer Arizona divorce services online with secure checkout through Authorize.net. Find out more about our online divorce system. Arizona divorces only.
Do I have to live in Arizona to be divorced here?
At least one of the parties must have resided in Arizona for 90 days prior to filing for divorce here.
How long does it take to get divorced?
By "default" (when the other party does not respond) about 90 - 100 days; If by "stipulation," (where the parties agree on everything), about 70 - 75 days; If "contested" (the other party files a response with the Court that they disagree with what you are asking), several months or longer. Note: if the divorce is by "consent" usually, it can be done without either party appearing in court.
Do we have to go to Court?
By "default," only the Petitioner goes to Court for a short hearing. By "consent," usually, you can get divorced without either party being required to appear in Court. By consent is generally a little quicker, and a little more expensive.
What if my spouse says he/she won't "give" me a divorce?
Arizona is a "no fault" state. The requirement for there to be a divorce is that the marriage is irretrievably broken. A person filing for divorce in Arizona will generally have to take additional steps and time if the other party contests the divorce, but will eventually get their divorce. Over approximately 90% of all divorces in Maricopa County are not contested.
Can The Divorce Store Help me with a divorce in a different state?
No. We can only assist you when the divorce case is or will be heard in an Arizona Court.
What is a Process Server? Do I need one?
A process server is an Officer of the Court, licensed by the Superior Court. A Process Server serves or delivers the legal documents to the Respondent and then files a "Proof of Service" with the court, certifying that the other party has been properly noticed. This method does not require the cooperation or signature of the other party.
Do I need an attorney?
Arizona law allows for participants in civil cases to represent themselves. In Maricopa County, in only 10% of all cases are the parties represented by legal counsel.
How is Child Support Determined?
Child Support is generally determined by Arizona Child Support Guidelines. The child support process involves a 6-page worksheet that considers among other things: income of both parents, necessary expenses for the child(ren) such as child-care, health insurance costs, etc. It also considers Court-Ordered expenses such as child support for other children, alimony, etc. As of 10/31/96, there is also an adjustment for the amount of time the children spend with the non-custodial parent.
How is child support paid?
In all cases filed today, child support is paid through the State Clearing House, and whenever possible, by wage assignment. Moneys paid directly to the custodial parent by the non-custodial parent are generally considered "gifts" and not credited towards child support owed.
How is child support raised/lowered?
Either party may file for a modification when the circumstances of the parties justify an adjustment. Many people modify child support up and down many times in the course of raising the children.