You’re contemplating a divorce, then you’ve probably been wondering what the Petition for Dissolution of Marriage looks like. Here’s how you need to go about filing a divorce petition in the state of Arizona!
A caption goes on all motions, pleadings, and discovery papers in the family law case so it can be identified quickly. At the top of the first page of the Petition for the Dissolution of Marriage is the caption, which contains the following information:
When the Petition for divorce is filed, the court clerk will provide an official case number. A divorce Petition in Arizona, and the other family law pleadings, is always filed with the county’s Superior Court. Except for the title (for example, “Petition,” “Motion,” “Notice of Hearing,” “Certificate of Service,” and the like), the caption for your divorce remains the same throughout the case. Once the divorce case is filed, the court must be notified of any change of address or contact information.
When filing a petition for the dissolution of marriage in the state of Arizona there are a number of statements that will need to be answered on the document by the person requesting the divorce, known as the petitioner. Each of these must be filled out truthfully and as accurately as possible.
Once the petition for dissolution of marriage has been completely filled in the next step is to file the petition with your local superior court clerk. Make sure you write down your case number and atlas number as they need to be added to any subsequent court papers moving forward. Always copy the case number and atlas number and the parties’ names exactly as they appear on the original Petition for Divorce.
The current Superior Court filing fee for a Petition for Dissolution of Marriage in Arizona is $321.00. The fee for a Response or Initial Appearance in Dissolution is $256.00. The same fees apply in a legal separation and an annulment. To file the Divorce Petition, you need to surrender the original and be ready with at least two copies. The Clerk of the Superior Court stamps and keeps the original, stamps one conforming copy to be served on the defendant, and returns one conforming copy to the Petitioner. Once the Respondent is served with the Petition and summons, there is a minimum waiting period of 60 days before the court may order the marriage dissolved. In practice, though, the earliest a final decree will issue in an uncontested divorce is more likely to be three to four months. In a contested case, the divorce may go on for a much longer period of time, perhaps over a year.
The respondent in a divorce is the person who receives the divorce papers from the one requesting the divorce, or the petitioner. The summons contains a caption mirroring the Petition’s caption. The summons also contains standard language telling the Respondent (or defendant) that a Petition of divorce has been filed against him or her and that the 20-day period for responding has begun to run. The Petitioner needs to provide an address where the Respondent can actually be located by the process server for service. That may be a home address, work address, or any other address that could work.
Also under oath, the responsive pleading to the Petition is titled the “Response to Petition for Dissolution of Marriage (Divorce) with Children” or “Without Children,” whichever the case may be. Essentially, it is a mirror image of the Petition but includes the Respondent’s facts and prayer for relief. The Respondent may request sole custody, for example, whereas the Petitioner requested joint custody.
View Arizona’s Petition for Dissolution of Marriage Without Children >>
View Arizona’s Petition for Dissolution of Marriage With Children >>
“Certainly no one wants to go through a divorce, but I am so grateful to my attorney, Robert Howard and the rest of the team at Stewart Law Group for their care, support, and professional legal work in resolving my case. From the very beginning, I was provided with resources that educated me about the process, protecting my interests, and relieving a great deal of fear and anxiety. I received sound advice at every step, and communication was great! I would recommend Robert Howard and the Stewart Law Group to anyone who finds themselves faced with the end of their marriage.”
Read more of our 60+ reviews on Google!