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NOTE: This webpage is intended to provide general information about divorce. It is not a complete or authoritative review of this subject and reflects the laws of the state of Arizona only as of the date of its publication. This webpage is not intended to be a guide to obtaining a divorce. Divorce often involves important issues about the legal rights of the spouses and of any children involved. Questions about specific situations should be discussed with an attorney.
ARIZONA LAWS AND RULES ON DIVORCE & FAMILY LAW CASES
State laws governing divorce are found in Arizona Revised Statutes Title 25, Chapter 3, Article 2, and Arizona Rules of Family Law Procedure
FAMILY LAW FORMS
The Arizona Rules of Family Law Procedure includes some of the forms you will need as you proceed through the divorce process. These forms and other family law forms are available at the Court’s Self-Service Center , if any, or at the Supreme Court of Arizona’s Self-Service Center.
THINGS YOU SHOULD KNOW ABOUT CUSTODY AND PARENTING TIME
If you have children and issues of child custody or parenting time are involved, other information is provided in a separate booklet titled, "Things you Should Know About Custody and Parenting Time." When a party seeking a divorce has requested that the Superior Court determine custody, specific parenting time or child support, parents of minor children are required by state law to attend a parenting education class. Details are provided in the booklet titled "Things You Should Know About Parent Education Class." Another booklet titled Model Parenting Time Plans for Parent/Child/Access will help parents reach agreements about parenting time (access) with their children. This booklet is also available in text only format as well as Spanish PDF and Spanish text only (LINK) versions.
ABOUT THE PARENT EDUCATION CLASS
In 1996, the Arizona State Legislature established a Domestic Relations Education on Children’s Issues Program, now offered in each Arizona County. This program sometimes is referred to as the “parent education program” or “parent information program.” Although the programs may differ somewhat in each county or even within counties, each is designed to offer education to parents about the impact that divorce, the restructuring of families and judicial involvement have on children. The Arizona Supreme Court sets minimum standards for these programs, including presenters’ qualifications.
Parents who have a child in common who is less than eighteen years old must complete the program when involved in a court case for divorce or legal separation. Unmarried parents involved in any court case to establish paternity or maternity must also complete the program if the court has been asked to decide custody, parenting time or child support. Parents of minor children may also be ordered to attend the program if, after determining paternity or obtaining a divorce or a legal separation, disputes regarding custody, parenting time or child support are presented to the court. Parents who fail to attend the program as ordered may be refused any specific request for court action, may be held in contempt of court or may have other penalties imposed. The program lasts up to four hours and a fee may be charged to each participant. Details are provided in the booklet titled "Things You Should Know About Parent Education Class."
DIVORCE WHEN CHILDREN ARE INVOLVED
The steps and procedures for getting a divorce generally apply to all cases, including those where the spouses have minor children together. When children are involved, however, the court has a special responsibility to decide matters of legal custody, parenting time and child support. Even if the marriage ends by default, the court must inquire about these issues and make orders that are in a child’s best interests.
Also, when there are minor children, each parent is required by law to complete an educational class. Details are provided in the booklet titled "Things You Should Know About Parent Education Class."
Once a divorce case is started, either spouse may ask the court to issue orders for temporary support of a child. This "temporary order" lasts until the court makes a final decision in the Decree that ends the marriage. For more information regarding temporary orders, see Rules 47-48, Arizona Rules of Family Law Procedure.
When a divorce case is started, the court automatically has authority to decide issues about custody of any children involved. If there are disputes between the parents about custody or parenting time, in most counties the court generally directs the parents to meet with trained court professionals and try to come to an agreement through discussions called "mediation." If the parents cannot agree, the court must decide these issues. For more information regarding Conciliation; Counseling, Mandatory Mediation, Assessment or Evaluation and Other Services, see Rule 68, Arizona Rules of Family Law Procedure.
THE DEFINITION OF DIVORCE
Divorce is a court process to legally end a marriage. In Arizona, divorce is called "dissolution of marriage" and court papers use the term “dissolution of marriage” instead of divorce. In addition to ending the marriage, the court also has the authority to divide certain property and debts of the spouses and in some cases to order one spouse to pay support (alimony) to the other. If children are involved, the court also can decide custody, parenting time (formerly called visitation) and child support issues.
“NO FAULT” DIVORCE DEFINED
Unlike some other states, for most marriages Arizona does not require that one of the spouses prove blame or responsibility in order to end the marriage. Under Arizona law, the only question for the court is whether the marriage is "irretrievably broken," meaning that there is no reasonable chance that the spouses want to keep the marriage together.
COVENANT MARRIAGES: DIFFERENT REQUIREMENTS FOR DIVORCE
If you have a covenant marriage, however, under state law the court cannot grant a divorce unless certain things such as adultery, abandonment, physical abuse or regular substance abuse are proven or unless both spouses agree that the marriage should end. (The reasons for ending a covenant marriage are listed in Arizona Revised Statutes § 25 903.
HELP AND COUNSELING AVAILABLE THROUGH CONCILIATION SERVICES
Because ending a marriage is a serious step with many legal and personal results, the Superior Court in many counties has trained family counselors and mediators available to assist couples in discussing marital problems and disputes involving children, without involving attorneys and judges. These Conciliation Services can be requested before someone files a divorce case or even after the case is started. Contact the Superior Court in your county for more information.
REACHING AGREEMENT ON DIVORCE MATTERS OUTSIDE OF COURT
Only the court can legally end a marriage. However, spouses are free to agree to as many terms of the divorce as possible. Court services—sometimes called “alternative dispute resolution (ADR) processes”—may be available in several counties to assist parties in reaching agreements about such matters as parenting time and custody of children. Because agreements between spouses leave fewer issues for the court to decide, the result often is more satisfying to the people involved and may speed the process of concluding the court case. For more information on the ADR process in Maricopa County, visit http://www.superiorcourt.maricopa.gov/adr/
REPRESENTING YOURSELF IN COURT
It is not required that you have an attorney to represent yourself in a divorce case. You must, however, follow the same rules and procedures as attorneys. All legal papers must be in the proper form and filed on time. The judges, clerks and staff of the court are not permitted to give you legal advice. Divorce cases often involve important issues about property and debt division, financial support and if children are involved, child custody and parenting time. If you have legal questions about your legal rights, you should ask an attorney.
WHO BEGINS THE DIVORCE PROCESS
In Arizona, either spouse or both spouses can ask the court for a divorce. A divorce is not awarded to either spouse; rather, it simply changes the status of the marriage relationship.
“PETITIONER” AND “RESPONDENT”
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."
WHEN TO BEGIN THE DIVORCE PROCESS
Before starting the court case, either the husband or wife must have lived in Arizona for at least 90 days or have been a member of the armed forces stationed in Arizona for at least 90 days. Unless Arizona was the last state where you lived together with your spouse, issues regarding custody of children may require a longer residence time in order to deal with those issues.
WHERE TO BEGIN THE DIVORCE PROCESS
In Arizona, only the Superior Court can grant a divorce. To get a divorce, one spouse must start a court case in the Superior court, or both spouses may file a joint petition for a consent decree. Although the Superior Court has a facility in each Arizona county, a court case to end a marriage must be started in the county where the person requesting the divorce lives.
THE FIRST STEP: FILING THE PETITION
To begin the court case, one of the spouses must file with the Clerk of Superior Court a written request called a "Petition." 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 and debts as well as financial support. If children are involved, the Petition also should include specific requests for 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 included in the Petition. As with all papers filed in court, the form of the Petition must comply with court rules and state laws governing size, spacing and content. Forms available in Self Service Centers for the Superior Court have been developed to comply with these requirements. Correct forms also are available on the Internet at this website address: http://www.supreme.state.az.us/Nav2/selfserv.htm
FOUR OTHER REQUIRED DOCUMENTS TO BE FILED WITH THE PETITION
With the Petition, the Petitioner must also fill out and have available for the Clerk of Superior Court at the time of filing four other documents:
SUMMONS
The Summons is a legal paper that tells the non filing spouse (the Respondent) a divorce case has been filed and some action must be taken if the Respondent 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 Superior Court to be official. The divorce case cannot go forward until the Summons (with the Petition and other papers) is delivered to the spouse in the proper way.
NOTICE OF RIGHT TO CONVERT HEALTH INSURANCE
Under state law, when a divorce case is started, each spouse must receive a notice advising about 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 the parties reach a written agreement. 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 about the legal interests of any minor children until 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. Basically, the Preliminary Injunction does these things:
1) 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 a business. 2) Prohibits family violence. 3) 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. 4) Requires that all types of insurance coverage for the spouses and any children remain effective and that no one be 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 (punished by fine or jail for violation of a court order). Arizona Revised Statutes § 25-315
NOTICE TO CREDITORS
Under state law, when a divorce is started, each spouse must receive a notice advising about rights and responsibilities regarding debts acquired during the marriage.
THREE COPIES of these four forms above should be brought to the Clerk of Superior Court’s office when the case is started. The Clerk of Superior Court keeps the original papers and the copies are stamped, one set to be kept by the Petitioner and one set to be given to the Respondent. Most counties also require that the Petitioner complete a Domestic Relations or Family Court Cover Sheet. This is a standardized form containing information about the parties that will assist in processing the case. If minor children are involved, the Petitioner may also have to complete forms such as an Affidavit Regarding Minor Children and Order and Notice Regarding the Parent Information Program.
PAYING THE REQUIRED FILING FEE
A filing fee must be paid to the Clerk of Superior Court at the time of filing. For more information about filing fees in your county, contact the Clerk of Court in your county.
Following are links to some of the counties:
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 Superior Court.
AFTER FILING THE PETITION AND THE FOUR REQUIRED DOCUMENTS
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 or “served” to the other spouse, who then can reply to the court.
THE 60-DAY WAITING PERIOD AFTER FILING FOR A DIVORCE
Under state law (Arizona Revised Statutes § 25 329), a divorce cannot be granted by the court until at least 60 days after the first court papers are delivered to the other spouse. If the spouses are in agreement about getting a divorce and other issues (such as how to divide property and debts), the divorce can be finalized soon after the 60 day waiting period is over. If the spouses are not in agreement on how to settle all issues, the time it takes will depend on how complicated the issues are and on the court’s schedule.
STEP TWO: SERVING THE PETITION AND REQUIRED DOCUMENTS
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 which the Petitioner filed to the other spouse. 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.
Legal papers must be served by certain people in a particular way according to court rules. Different rules apply in different circumstances and depend upon where you and your spouse live. It is important to follow the specific service of process rules that apply in your circumstance. Following is the link to the rules for service of the petition and other required documents: Rules 40-43, Arizona Rules of Family Law Procedure
AFTER SERVING THE PETITION AND OTHER REQUIRED DOCUMENTS
The person to whom the petition and other required documents is directed may accept service, or waive issuance or service in writing, dated and signed by that person, and subscribed and sworn to before a notary public. This acceptance or waiver must be filed with the clerk. For more specific information about acceptance or waiver of service, see Rule 40(F), Arizona Rules of Family Law Procedure.
FILING THE “AFFIDAVIT OF SERVICE" OR A "PROOF OF SERVICE"
After the Summons and Petition are served on the Respondent, a written statement called an "Affidavit of Service" or a "Proof of Service" must be filed with the Clerk of Superior Court. A Sheriff or process server usually files the written statement on behalf of the Petitioner when service is made in the state. If service by publication is used, a written statement sworn under oath (an "affidavit") must be filed with the court along with a copy of the notice published in the newspaper. For more specific information about service by publication and return of service, see Rule 41(M), Arizona Rules of Family Law Procedure.
FILING THE “ACCEPTANCE OF SERVICE” OR “WAIVER OF SERVICE”
The Respondent may sign a paper called "Acceptance of Service" agreeing to accept service of copies of the Summons, Petition and other required papers rather than have a Sheriff or process server deliver them. The Respondent also may sign a paper called “Acceptance of Service" agreeing not to receive the Summons and Petition at all. In either case, the agreement does not mean that the Respondent consents to things the Petitioner has asked the court to do. It means only that the Respondent admits receiving the Summons and Petition or does not want to have them formally served. If the Respondent either accepts or waives service, the signed form must be filed with the Clerk of Superior Court so the record shows that service was actually made.
This way of serving papers is allowed by court rules and eliminates the cost of having the sheriff or a process server deliver the papers. However, it is only useful when the Respondent cooperates with the Petitioner. This sometimes happens when both parties agree to end the marriage and want to make the divorce case go as quickly as possible. This method should not be attempted if domestic violence or the personal safety of the Petitioner is a concern. For more specific information about acceptance or waiver of service, see Rule 40(F), Arizona Rules of Family Law Procedure.
STEP THREE: REQUIREMENT FOR RESPONDENT TO FILE A RESPONSE TO THE PETITION
After the Respondent is served with the Petition and other required documents, that spouse must reply to the requests made in the Petition. This Response is mandatory according to Rule 28, Arizona Rules of Family Law Procedure.
The reply to the Petition is made in a written document called the "Response." In the Response, the Respondent can agree with the requests that the Petitioner has made or ask for different orders from the court. For more specific information about the form and effect of the Response pleading, see Rule 29, Arizona Rules of Family Law Procedure.
The Response must be filed with the Clerk of Superior Court. The Respondent should have an original Response and at least two copies ready when filing with the Clerk of Superior Court. The clerk keeps the original in the court file and stamps copies as evidence of filing.
PAYING THE REQUIRED FILING FEE FOR RESPONSE
A filing fee must be paid to the Clerk of Superior Court at the time of filing. For more information about filing fees in your county, contact the Clerk of Court in your county.
Following are links to some of the counties:
If unable to pay, the Respondent can ask the court to postpone ("defer") or forgive ("waive") payment by filing a written application with the Clerk of Superior Court.
RESPONDENT’S REQUIREMENT TO SERVE RESPONSE TO PETITIONER
One copy of the Response must be served by mailing it to the Petitioner. The Respondent keeps the other copy. Copies of these papers also must be made available to the other spouse. But after the Summons and Petition are served on the Respondent, all other papers may be mailed to the other spouse or to the other spouse’s attorney, if that attorney has filed papers in the case. The Response may be served on the Petitioner by first class mail.
There is a time limit for filing the Response. Court rules provide that the Response must be filed within 20 days of the date that the Summons and Petition are served on the Respondent, or within 30 days if service is made on the Respondent outside the state.
If the response is not timely filed the Petitioner may use the default process noted below.
STEP FOUR: OBTAINING THE DECREE OF DISSOLUTION:
THE DECREE OF DISSOLUTION
The Decree is the final order of the court legally ending the marriage. Spouses are not "divorced" until the court grants the divorce and the Decree is signed by the judge. The Decree may also contain other orders deciding how the spouses’ property and debts will be divided and what financial support, if any, will be paid by one spouse to the other. If children are involved, the Decree also will provide for custody, parenting time and child support. Depending on the circumstances of your case, your decree may be obtained by default, agreement of the parties (Consent Decree), or through trial procedure.
PART I. DEFAULT DECREE AND CONSENT DECREE
DEFAULT DECREE
When no Response is filed, the Respondent loses the chance to be involved in the court case, and the court may end the marriage by a "Default Decree.” If the Response is not filed within the time allowed (20 or 30 days depending on where the Summons and Petition were served), the court may grant the requests made in the Petition and sign the Default Decree without an opportunity for the Respondent to participate. This is known as getting a divorce by "default."
STEPS TO GETTING A DIVORCE BY DEFAULT
There are several steps to get a divorce by default, (but first you must wait until the time for the Respondent to file a Response has run out):
AFFIDAVIT AND APPLICATION FOR DEFAULT OR NOTICE OF DEFAULT
The Petitioner first must file an application form with the court and mail a copy of it to the Respondent. The application form may be called different things in different counties (usually either an “Affidavit and Application for Default" or "Notice of Default"). This form tells the court that the Summons and Petition were served on the Respondent and that the Respondent has not acted in time. When the form is filed, the clerk notes in the court file that the Respondent has defaulted. This is called "entering" the default. Sometimes the form to be filed combines both parts and is called an "Application for and Entry of Default."
Even though the Respondent has failed to file a Response, a copy of the Petitioner’s application for a default must be served on the Respondent if the address of the Respondent is known. This may be done by mailing a copy to the Respondent (first class mail). If the Petitioner knows the Respondent is represented by an attorney, a copy must also be mailed to the attorney.
RESPONDENT’S RIGHT TO FILE A RESPONSE
The Respondent then has another ten days to file a Response. If the Respondent acts within this ten-day period, the case will proceed as if there were no default. If the Respondent still does not respond to the court, the Petitioner may request that judgment by default is entered.
DEFAULT HEARINGS
Courts may require that the Petitioner provide more information to the court before ending the marriage by default. Default hearings are sometimes scheduled by the court, but the way they are scheduled is not the same in all counties. For example, in Maricopa County, the Petitioner may call or go on-line to schedule an appointment with the Decree on Demand department. At this appointment the Petitioner will meet with court staff that is specially trained in the default process. At the time of the appointment, if the default paperwork is completely in order, the Commissioner will hold a default hearing that day. In Pima County, time is set aside each afternoon for hearing default cases and the Petitioner may choose the most convenient day. Check with the Clerk of Superior Court in your county to learn what to do.
JUDGMENT BY DEFAULT MAY BE ENTERED
If eligible, the Petitioner may request a default divorce without a hearing, according to Rule 44(B)(1)(b), Arizona Rules of Family Law Procedure (Link)
The above information assumes that the Respondent lives in the State of Arizona and was not served by publication. For more information about divorce by default, see Rule 44, Arizona Rules of Family Law ProcedureCONSENT DECREE
At any time before the trial is held, the spouses may reach agreements about the disputed issues and may avoid a trial by asking the court to grant a decree ("Consent Decree") based on their agreement. To proceed with a Consent Decree of Dissolution of Marriage, the parties shall jointly submit a consent decree substantially in compliance with Rule 97, Form 8 Consent Decree of Dissolution of Marriage (Divorce) With Children. (This form may be adapted to be used when obtaining a Consent Decree of Dissolution of Marriage (Divorce) Without Children.)
The parties shall state terms upon which the parties have agreed, and the judge or commissioner assigned to the case shall determine whether the parties have met the requirements for the decree, order, or judgment by consent. For more information about obtaining a Consent Decree of Dissolution of Marriage, see Rule 45, Arizona Rules of Family Law Procedure.PART II. SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION (ADR)
Parties are encouraged to resolve family law cases using non-adversarial means of alternative dispute resolution (ADR) to the greatest extent possible, whether through a program overseen, administered, or authorized by the court, or by a person or agency independent of the court. Mediation independent of the court is encouraged. For more information about settlement and alternative dispute resolution processes available for your case, see Section VIII. Settlement and Alternative Dispute Resolution (ADR), Rules 66-75, Arizona Rules of Family Law Procedure.
PART III. PRETRIAL AND TRIAL PROCEDURES
If no agreements have been reached through out-of-court settlement or alternative dispute resolution, the court may schedule one or more Resolution Management Conferences that shall be held within sixty (60) days of receipt of written request by the court, unless extended for good cause shown. For more information about Resolution Management Conferences and other pretrial procedures, see Rule 76, Arizona Rules of Family Law Procedure.
In every family law case, unless a trial has been set at a Resolution Management Conference or on the court’s own motion, any party may file a Motion to Set requesting the case be set for trial. Court rules and procedures determine when the trial will be held, but a period of time will be allowed for the spouses to gather information about any issues that are disputed. At a trial, each spouse must present evidence to support claims made. The court will decide how to divide the property and debts of the spouses, make any orders for financial support and make orders regarding the children, if any. For more information regarding trial procedures, see Rule 77, Arizona Rules of Family Law Procedure.
COMMON ISSUES REGARDING DIVORCE
Restoring your maiden name
State law (Arizona Revised Statutes § 25 325) allows a woman to return to ("restore") the use of her former name at the time the marriage is ended. A request must be made to the court at any time before the divorce Decree is signed by the judge. Usually, the request is included in the first papers filed in the divorce case.Changed your mind after starting a divorce case
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 Superior Court.“Community property"
Community property is property acquired by the spouses during the marriage. Generally, the law presumes that any property purchased or obtained by either spouse during the marriage is community property. Community property is not just land or buildings. It includes all kinds of property, such as money (all forms–cash, bank accounts, investment accounts), jewelry, home furnishings, automobiles, boats, stock options and the wages or earnings of either spouse during the marriage. Even retirement plans and pensions can be part of the community property estate.Is everything the spouses own “community property”?
Not necessarily. State law provides that property (of all types) owned by a person before marriage can remain the "separate property" of that spouse. Also items that a spouse receives by gift or inheritance during the marriage (and any increase in those items, such as through growth in value, interest earned or profits) are also the separate property of the spouse.Important to know the difference between “community property” and “separate property”
It is important to know what community property the spouses have because in a dissolution case the court is required by law to divide the community property in a fair (not necessarily equal) way. You must be able to show the court adequate proof of what you are claiming as your separate property, as the court must decide which property is separate property belonging to each spouse. If a retirement plan is involved, the court may have to sign a special order (a "Qualified Domestic Relations Order" or “QDRO”) so the company that keeps the retirement account can divide the money/benefits acquired during the marriage properly between the spouses.The spouses can agree on how to divide property
Spouses are encouraged to resolve as many issues as possible. One way to do this is by a written agreement (called a "separation agreement") indicating how matters should be handled if the marriage ends. The separation agreement is a contract listing and describing the spouses’ decisions about ownership of real estate, dividing property, financial support and, if children are involved, even issues of custody and parenting time. In a divorce case, the court must accept the separation agreement (except for matters about custody, parenting time and support of children) unless it is unfair. For more information regarding a separation agreement see § 25-317 of the Arizona Revised Statutes.
WORDS AND DEFINITIONS
Acceptance of Service - A form signed by a non filing spouse indicating that the spouse agrees to receive the initial papers in the case without the papers being formally delivered by a Sheriff or process server.
Affidavit - A written statement made under oath to show that certain facts are true or that certain events have happened.
Affidavit of Service - A paper filed with the court to show that legal papers in a court case have been delivered to one of the persons involved in the case.
Application for Default - A form filed with the Clerk of Superior Court indicating that the Respondent has been served with the initial court papers and has not replied in the time allowed by law.
Conciliation Court - A branch of the Superior Court to which a spouse may apply in an effort to preserve a marriage or to receive other services such as mediation.
Conciliation Services - Services of trained professionals offered by the court to persons in divorce or custody cases that help resolve disputes or reconcile marital difficulties.
Community Property - A term generally meaning that a wife and husband share equally anything acquired, purchased or paid for during the marriage, no matter who uses the property or who paid the money or in whose name title is taken.
Commissioner - A person authorized to hear and determine some kinds of court cases. A judge is elected or appointed by the Governor. A Commissioner is appointed by the Presiding Superior Court Judge in a particular county to perform some of the tasks that a judge otherwise would do.
Consent Decree - An order of the court legally ending a marriage that is based on an agreement of the spouses regarding any issues that originally were disputed.
Covenant Marriage - An optional type of marriage created by the state legislature that requires partners to complete marital counseling prior to marrying and to sign a special declaration to obtain a marriage license. In a covenant marriage, a legal separation or divorce may be granted only for certain reasons listed in state law.
Decree - The court order legally ending a marriage, often containing other orders regarding division of property, debts, spousal support and, when children are involved, custody, parenting time and child support.
Default - When a person named in a lawsuit chooses not to or neglects to participate by filing necessary court papers or making an appearance in court, the court may enter orders against that person without the person being involved.
Deferral - When speaking of court fees, a term meaning that payment of fees may be postponed.
Dismiss - An action taken by the court that has the effect of ending a case or a request in a case.
Dissolution of Marriage - The terms used in Arizona law for “divorce.”
Enter (also Entry) - A term used to indicate that a document is accepted by the Clerk of Superior Court and made a part of the official court record in a case.
Hearing - The opportunity for persons involved in a legal case to tell the court their side of the dispute to the court. Hearings are scheduled by the court for a particular date and time.
Injunction - An order of the court directing the spouses not to do certain things like sell property or annoy one another.
Irretrievably Broken - The standard used by the court to decide if a dissolution of marriage should be granted. It means that there is no reasonable chance that the spouses will agree to stay married.
Judicial Officer - A term referring to either a judge or commissioner of the court who has the authority to decide legal issues and issue court orders.
Mediation - A process by which persons attempt to reach mutually acceptable agreements, usually with the assistance of a trained professional who guides the discussion process.
Motion - A written request filed with the court asking a judge to issue an order or rule on a particular matter.
Petition - The paper filed with the Clerk of Superior Court to state a case for dissolution of marriage.
Petitioner - The term used to refer to the spouse that files a request (Petition) with the court for a dissolution of marriage. This can be either the husband or wife.
Process Server - A person authorized to deliver or serve court papers on one of the parties to the court case.
Proof of Service - A paper filed with the court to show that legal papers in a court case have been delivered by a sheriff or other authorized law enforcement officer to one of the persons involved in the case.
Respondent - The spouse who did not file the request for a dissolution of marriage.
Response - The written legal paper filed in court by the person against whom a case to dissolve a marriage has been brought and by which the person tells the court whether he agrees or disagrees with the claims made by the person who started the case.
Separate Property - A term referring to any property owned by a married person before the marriage date that remains the personal property of that spouse during marriage and does not become community property. In addition, gifts and inheritance received during the marriage are the receiving spouse’s separate property, as are any increases in those items such as interest, profits of sale or capital gain.
Service - The process by which court papers given to the Clerk of Superior Court by one spouse are made available to the other spouse. Particular rules state how service must be made in different circumstances.
Service of Process - A phrase referring to the procedure by which a Summons and the Petition and other papers originally filed with the Clerk of Superior Court are delivered to the non filing party to advise that a case has been started and a response must be made to avoid further legal action.
Spousal Maintenance - Also called Spousal Support; formerly known as "Alimony." Money that the court may order either a husband or wife to pay to the other during or after a divorce case. The court must decide whether financial support is necessary; if so, in what amount and for how long the support should be paid.
Summons - A legal paper that is stamped by the Clerk of Superior Court and which must be delivered in the way required by court rules on the party who did not file the request for a dissolution of marriage. The Summons notifies the non filing spouse that a request for dissolution of marriage has been filed and advises that spouse what action must be taken.
Waiver - When speaking about court fees, a term meaning that payment of fees is excused.
Waiver of Service - A form signed by a non filing spouse indicating that the spouse does not wish to formally receive the initial papers in the case by delivery from a Sheriff or process server.
CLERKS OF THE SUPERIOR COURT
Apache County
70 West 3rd South
St. Johns, AZ 85936
(928) 337 7550Maricopa County
201 West Jefferson
Phoenix, AZ 85003
(602) 506 3676Cochise County
101 Quality Hill Road
P.O. Box CK
Bisbee, AZ 85603
(520) 432 8700Mohave County
County Courthouse
401 East Spring Street
Kingman, AZ 86402 7000
(928) 753 0713Coconino County
200 North San Francisco
Flagstaff, AZ 86001
(928) 779 6535Navajo County
County Courthouse
100 East Carter Drive
Holbrook, AZ 86025
(928) 524-4188Gila County
1400 East Ash
Globe, AZ 85501
(928) 425 3231Pima County
110 West Congress Street
Tucson, AZ 85701-1317
(520) 740-3200Graham County
800 Main Street
Safford, AZ 85546
(928) 428 3100Pinal County
Criminal Justice Complex
971 Jason Lopez Circle Bldg. A / Hwy. 79
Florence, AZ 85232-2730
(520) 866-5300Greenlee County
County Courthouse
223 Fifth Street
Clifton, AZ 85533
(928) 865 4242Santa Cruz County
Santa Cruz County Complex
2150 North Congress Drive
Nogales, AZ 85621
(520) 375-7700La Paz County
1316 Kofa Avenue, Suite 607
Parker, AZ 85344
(928) 669 6131Yavapai County
County Courthouse
120 South Cortez Street
Prescott, AZ 86303
(928) 771-3312Yuma County
168 South 2nd Ave.
Yuma, AZ 85364
(928) 329 2164
Presented by the
Arizona Supreme Court,
Administrative Office of the Courts,
Court Services Division
Court Programs UnitThis publication can be provided in an alternative format or other assistance may be provided upon request by a qualified individual with a disability under the provision of The Americans with Disabilities Act.
© 2007 Arizona Supreme Court
02 January 2008 ©2006 Arizona Supreme Court. All Rights Reserved. Top of Page
