What Documents Are Required to File for Divorce in Arizona?

November 15, 2024

What Documents Are Required to File for Divorce in Arizona?

Filing for divorce is a significant step that requires careful preparation and attention to detail. If you’re considering ending your marriage in Arizona, knowing what documents are needed to file for divorce can help streamline the process and avoid unnecessary delays. At the Law Office of J. Marc Montijo, we are here to assist Tucson residents with all aspects of divorce, from initial filings to final resolutions. Here’s what you need to know about the required documentation for filing for divorce in Arizona.


1. Petition for Dissolution of Marriage


The process begins with completing and filing a Petition for Dissolution of Marriage. This document formally initiates the divorce process and outlines essential details about the marriage, such as:

  • Date of marriage and separation (if applicable)
  • Names and addresses of both spouses
  • Whether there are children from the marriage
  • Property and debt division requests


2. Summons


A Summons is issued by the court to notify your spouse that a divorce has been filed. This document requires your spouse to respond within a specified period (typically 20 days if served in Arizona and 30 days if served out of state).


3. Preliminary Injunction


The Preliminary Injunction is an order issued by the court to prevent either party from taking certain actions during the divorce, such as:

  • Selling or hiding marital property
  • Changing insurance policies
  • Relocating children without consent

This document is included with the initial filing and must be served to your spouse along with the Petition and Summons.


4. Affidavit Regarding Minor Children


If you and your spouse have children under the age of 18, you must complete an Affidavit Regarding Minor Children. This document provides:

  • Information about the children, including names, birthdates, and current living arrangements
  • Details of any prior custody cases involving the children


5. Parenting Plan (If Applicable)


When minor children are involved, parents must submit a proposed Parenting Plan. This plan outlines custody arrangements, parenting time schedules, and decision-making responsibilities.


6. Financial Affidavit


A Financial Affidavit is often required to provide a complete picture of each spouse’s financial situation. This includes:

  • Income information
  • Monthly expenses
  • Assets and debts

The financial affidavit plays a critical role in determining spousal maintenance, child support, and property division.


7. Consent Decree (If Uncontested)


If both spouses agree on all aspects of the divorce, a Consent Decree can be submitted to the court. This document outlines the terms of the divorce, including:

  • Property division
  • Custody and parenting arrangements
  • Support obligations

Once approved, the court issues the final divorce decree without the need for a trial.


8. Other Supporting Documents


Depending on your circumstances, additional documents may be required, such as:

  • Proof of income (pay stubs or tax returns)
  • Property deeds or titles
  • Debt statements


How the Law Office of J. Marc Montijo Can Help


Navigating the divorce process can feel overwhelming, but you don’t have to go through it alone. At the Law Office of J. Marc Montijo, we provide personalized legal assistance to guide you through every step of your divorce. Our experienced team will:

  • Help you prepare and file the necessary documents
  • Ensure your rights and interests are protected
  • Advocate for a fair resolution in your case

If you’re considering filing for divorce in Tucson or anywhere in Arizona, contact us today. Let us provide the support you need to move forward with confidence.

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