What You Should Know About Filing for an Arizona Divorce

Filing for an Arizona divorce starts with submitting a Petition for Dissolution of Marriage to the court in your county. How your divorce case proceeds from there – and how long it takes to resolve – will depend on a number of factors specific to your case, only some of which include:

  • Whether your spouse agrees to a divorce
  • Whether you and your spouse can agree on how to settle the specific issues of your divorce.

Because there can be a lot to do and consider while (and after) filing for an Arizona divorce, working with an experienced divorce attorney like Karen A. Schoenau can be essential to:

  • Ensuring your rights and interests are protected and advocated throughout the upcoming divorce process
  • Making informed decisions regarding your divorce and the related issues
  • Resolving your divorce as favorably and efficiently as possible.
Filing for an Arizona Divorce: The Procedure
Know Filing Arizona Divorce
Filing for an Arizona divorce can be far easier than resolving the divorce case. Here’s what you should know about filing for an Arizona divorce. Contact us for the best divorce representation.
  1. A Petition for Dissolution of Marriage (and related documents) is filed with the court.
  2. The other partner in the marriage is served with divorce papers, unless this spouse specifically waives this in writing.
  3. The other partner has the opportunity to respond to the Petition within a limited time frame. If the other partner is served within the state of Arizona, the response period will be 20 days; if the other partner is served outside of Arizona, the response period will be 30 days.
  4. If no Response is filed within the allotted timeframe, the Petitioner (i.e., the spouse who filed the initial Petition for Dissolution of Marriage) can apply for a default.
  5. Once a default has been filed, the other partner will have 10 days to respond. If no response is again filed, the divorce may be granted on all of the Petitioner’s terms.
  6. If a Response is filed and both partners can agree on how to resolve the issues of their divorce, they can file a Consent Decree of Dissolution of Marriage that lays out their divorce agreement to a family court judge (who will likely approve it).
  7. Filling for an Arizona Divorce: More Important Info to Know
    • Grounds for filing for an Arizona divorce – Given that Arizona is a “no-fault” divorce state, the only grounds for filing for an Arizona divorce is an “irretrievable breakdown” of the marriage. In other words, it’s sufficient for at least one spouse to believe that the marriage is broken without the possibility of reconciliation in order to have grounds for filing for an Arizona divorce.
    • Conciliation meetings – In the event that one spouse does not agree to the divorce, (s)he can request a conciliation meeting with the court at no charge. If the outcome of this meeting is that the parties do not agree to put off filing for an Arizona divorce, then the divorce will proceed.
    • The role of the court – The family court will have a limited role in divorce cases when partners can agree on the issues of their divorce. If, however, they can’t agree on even one issue, then the divorce will have to proceed to trial, where the court will intervene and play a bigger role in resolving the dispute(s) related to the divorce.

There may be a lot more that you want to know about filing for an Arizona divorce, so don’t hesitate to contact Scottsdale Divorce Attorney Karen A. Schoenau for honest answers to all of your questions about filing for an Arizona divorce.

Scottsdale Divorce Attorney at the Law Office of Karen A. Schoenau

Are you getting ready to file for divorce in Arizona? If so, you can rely on Scottsdale Family Law Attorney Karen Schoenau for honest answers, effective representation and the best possible outcomes to your case.

To receive professional advice and learn more about our superior legal services, schedule an initial consultation with Divorce Attorney Karen Schoenau. You can set up this meeting by calling 480-209-1918 or by emailing us using the contact form.

From her offices based on Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Phoenix area and the state of Arizona, including in Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, and Gila County.

Client Reviews
Karen is highly respected in the legal community. She is effective and thorough. Karen just keeps going regardless of the odds.
Karen was extremely helpful setting up my petition for conciliation. She is by far the most knowledgeable attorney regarding the necessary paperwork, how to file the petition and where it has to be submitted. She listened intently when I was describing my situation and intentions. She was very responsive to my questions and request. She is trustworthy and diligent . I would recommend her to anyone having marital issues. Mark
Very high customer/client considerate. We found Karen when we were forced to leave another Phoenix lawyer due to his bad advice and lack of interest to help us. We were in Phoenix for six days from Michigan with nothing happening but a high wasted expense. Karen and her firm took us in and solved our issue with the courts etc. in two and a half days. Karen’s professionalism with us was very cost effective/productive. If we would have found her first, we would have saved thousands of dollars. Her interest for us was very high. She returned every call. She knew every answer to our questions. She did this for us with a death in her family. She left for a funeral and made sure we were treated with the same professionalism from her firm to finish up. I recommend Karen and her firm with very high satisfaction. Our case is custody with one parent in prison. We will return to Phoenix someday with interests for the child and his parent, if needed. Karen will be our top choice. Nolan
Karen and Bonita are wonderful!! I know that the word "wonderful" is used a lot, but the team they make and the work they did for me can only be described as WONDERFUL!! Yes there where ups and downs in my case, but that is the system and Karen along with Bonita guided and taught me as "WE" went through it together. Karen’s easy going manner and her knowledge really helped me with the emotional part of my divorce. I used the team of Karen and Bonita both times I needed to go to court with my ex and had results that were best for my little girl. Some times I did not get what I wanted, but it was what my daughter needed. Looking back at my case, I made the right choice and would do it again in a heart beat!! Jim
Karen was extremely supportive during a very trying time in our lives. She helped me to put things in perspective and think positive when I was overwhelmed. She is very knowledgeable about the laws pertaining to grandparents rights and the rights of the parents and knew how to provide the appropriate laws pertaining to the situation we were in. I am so grateful for her expertise and guidance. She proved to be very aggressive when she needed to be but was also supportive to my and my children. I would recommend her to anyone in a similar situation. Deanna