Step-by-Step Guide
Divorce in Arizona can feel overwhelming, especially when emotions run high and legal jargon becomes confusing. At Rideout Law Group, our experienced divorce lawyers in Scottsdale and Lake Havasu are here to help you understand every step in the process. Whether you’re seeking an uncontested divorce or facing complex disputes over custody or assets, this guide explains what to expect from start to finish.
- Filing the Petition for Dissolution of Marriage
The Arizona divorce process begins when one spouse (the Petitioner) files a Petition for Dissolution of Marriage with the Superior Court in the county where they reside. This legal document outlines the desire to end the marriage and may also include requests for property division, child custody, spousal maintenance, and more.
The petitioner must also file a Summons, which informs the other spouse (the Respondent) that legal action has started.
- Serving the Divorce Papers
Arizona law requires that the Respondent be officially served with the divorce papers. This can be done through a process server, sheriff, or certified mail. Once served, the Respondent has 20 days (30 if out of state) to file a Response.
- Temporary Orders (If needed)
In many cases, temporary court orders may be necessary while the divorce is pending. These can cover issues like:
- Temporary child custody and parenting time
- Use of the marital home
- Child support and spousal maintenance
- Protection from harassment or domestic violence
Your attorney can request a Temporary Orders Hearing to address these needs promptly.
- Disclosure and Discovery
Both parties are required to exchange financial information, including income, debts, assets, and expenses. This step—called disclosure and discovery—ensures that all marital property is fairly accounted for.
Failure to disclose can result in court sanctions or an unfair settlement.
- Negotiation and Settlement (or Mediation)
If both spouses can reach an agreement on all divorce-related issues (property division, custody, etc.), the process becomes uncontested. This often leads to a faster, less expensive divorce.
In disputed cases, the court may order or encourage mediation to help parties reach a resolution without going to trial.
- Trial (If No Agreement Is Reached)
If mediation fails or parties cannot agree, the case proceeds to trial. Each spouse presents evidence, calls witnesses, and argues their side before a judge. The judge will issue a final ruling on contested matters.
- Final Decree of Dissolution
Once all issues are resolved—either by agreement or court decision—the judge signs a Decree of Dissolution of Marriage. This legal document finalizes your divorce and outlines terms related to custody, property division, support, and more.
Arizona’s 60-Day Waiting Period
Arizona law requires a 60-day waiting period after service of the divorce papers before a judge can finalize your case. Even in uncontested cases, this waiting period is mandatory.
Get Divorce Help in Scottsdale or Lake Havasu
Divorce involves life-changing decisions. Having a knowledgeable attorney by your side can protect your rights and help you move forward with clarity and confidence.
At Rideout Law Group, we offer compassionate, results-driven legal support for clients in Scottsdale, Lake Havasu, and throughout Arizona. Whether you’re facing a simple split or a high-conflict custody battle, we’re here to help.
📍 Contact Us Today
Scottsdale Office
11111 N Scottsdale Rd, Suite 225
Scottsdale, AZ 85254
📞 (480) 584-3328
Lake Havasu Office
2800 Sweetwater Ave, Suite A104
Lake Havasu City, AZ 86406
📞 (928) 854-8181