Arizona Divorce Laws: Residency, Waiting Period, Custody and Support
Arizona divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Arizona
- Residency requirement
- One spouse must have been domiciled (living with the intent to stay) in Arizona, or stationed in Arizona as a member of the armed services, for 90 days before the petition for dissolution is filed. Ariz. Rev. Stat. § 25-312(A)(1)
- Waiting period
- The court cannot hold a trial or hearing, or consider a motion and affidavit, for a decree of dissolution or legal separation until 60 days after the other spouse was served or accepted service. Ariz. Rev. Stat. § 25-329
- Dividing property
- Arizona is a community property state. Property acquired by either spouse during the marriage is community property, except gifts and inheritances and property acquired after service of a petition that results in a decree. Ariz. Rev. Stat. §§ 25-211, 25-213, 25-318
- Filing fee
- State law sets the clerk's base fee for a petition for dissolution, legal separation or annulment at $149, and $74 for the response. Counties may add their own fees, so the total varies by county. Ariz. Rev. Stat. § 12-284; Arizona Judicial Branch, Fee Waiver and Deferral Process
- When child support ends
- Child support normally ends when the child reaches the age of majority (18). If the child turns 18 while attending high school or a certified high school equivalency program, support continues while the child is actually attending, but only until the child turns 19. Ariz. Rev. Stat. §§ 25-320(E)–(F), 25-809
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | One spouse must have been domiciled (living with the intent to stay) in Arizona, or stationed in Arizona as a member of the armed services, for 90 days before the petition for dissolution is filed. Re-verified 2026-10-27. Source: Ariz. Rev. Stat. § 25-312(A)(1) |
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| Grounds for divorce | Arizona is a no-fault state: the court grants a divorce (dissolution) when it finds the marriage is irretrievably broken, meaning there is no reasonable prospect of reconciliation. If one spouse denies this under oath, the court holds a hearing and may continue the case up to 60 days and order a conciliation conference. Covenant marriages can be ended only on the specific grounds in the covenant marriage law. Re-verified 2026-10-27. Source: Ariz. Rev. Stat. § 25-312 |
| Waiting period | The court cannot hold a trial or hearing, or consider a motion and affidavit, for a decree of dissolution or legal separation until 60 days after the other spouse was served or accepted service. Re-verified 2026-10-27. Source: Ariz. Rev. Stat. § 25-329 |
| Filing fee | State law sets the clerk's base fee for a petition for dissolution, legal separation or annulment at $149, and $74 for the response. Counties may add their own fees, so the total varies by county. If you cannot pay, you can apply for a fee waiver or deferral using the Application for Deferral or Waiver of Court Fees or Costs (Form AOCDFGF1F). People receiving SSI qualify for a waiver, and people receiving TANF or food stamps, or represented by a nonprofit legal aid provider, qualify for a deferral, with proof. Check the clerk of the superior court in your county for the full current amount. |
| Uncontested or simplified divorce | Yes. If spouses settle all issues before either one files, they can jointly file a combined petition and response for a summary consent decree, waiving formal service. The filing fee is 50 percent of the combined petition and answer fee, plus any county fees. All final settlement papers must be submitted at filing or within 60 days, and the decree cannot be entered earlier than 60 days after filing. Either spouse can withdraw before the decree is entered. Re-verified and corrected 2026-10-27. Source: Ariz. Rev. Stat. § 25-314.01 |
| Divorce forms | The Arizona Judicial Branch's Self-Service Center posts free family law form packets for Dissolution of Marriage with Children and Dissolution of Marriage without Children. The with-children packet includes the Petition for Dissolution of a Non-Covenant Marriage (Divorce) with Minor Children (DRDC15F), Summons (DR11F), Preliminary Injunction (DR14F), Parenting Plan (DRCVG11F), the Response to Petition (DRDC31F), default forms and the Decree of Dissolution (DRDC81F), along with instructions for each step. Individual courts may have their own preferred forms. With-children packet: https://www.azcourts.gov/selfservicecenter/Child-Support-Family-Law/Family-Law-Forms/Dissolution-of-Marriage-with-Children |
Property and alimony
| Dividing property | Arizona is a community property state. Property acquired by either spouse during the marriage is community property, except gifts and inheritances and property acquired after service of a petition that results in a decree. Property owned before marriage, gifts and inheritances, and their rents and profits are separate property. The court assigns each spouse's separate property to that spouse and divides community and jointly held property equitably, though not necessarily in kind, without regard to marital misconduct. The court can consider wasting, concealing or fraudulently disposing of shared property. Re-verified 2026-10-27. |
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| Alimony (spousal support) | The court may order spousal maintenance if the spouse seeking it lacks enough property for reasonable needs, lacks adequate earning ability, is caring for a child who makes outside work inappropriate, contributed significantly to the other spouse's education or career, or had a long marriage and is of an age that may prevent adequate employment. Amount and duration follow Arizona Supreme Court guidelines, based on factors such as the standard of living, length of the marriage, each spouse's earning ability and resources, and time needed for training. Maintenance is ordered without regard to marital misconduct and only for as long and in an amount needed to become self-sufficient. Re-verified 2026-10-27. Source: Ariz. Rev. Stat. § 25-319 |
Children: custody and support
| Child custody | Arizona uses the terms legal decision-making and parenting time, decided by the child's best interests. Factors include the child's relationship with each parent, adjustment to home, school and community, the child's wishes if of suitable age and maturity, the mental and physical health of everyone involved, which parent is more likely to allow frequent and meaningful contact with the other, domestic violence or child abuse, and coercion in reaching an agreement. State policy is that, absent evidence to the contrary, a child benefits from substantial, frequent, meaningful and continuing parenting time with both parents and from both parents taking part in decisions. If a parent has committed domestic violence, there is a mandatory rebuttable presumption that awarding that parent decision-making or parenting time is contrary to the child's best interests. No fixed age is set for the child's wishes. Re-verified 2026-10-27. |
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| Emergency and temporary custody | A party in a legal decision-making (custody) and parenting time case may file a motion for a temporary order, supported by pleadings as required by § 25-411; the court may grant temporary legal decision-making and parenting time after a hearing, or on the papers if no one objects. If domestic violence is alleged, the court must make written findings. Under the interstate custody law, an Arizona court has temporary emergency jurisdiction if the child is in Arizona and has been abandoned, or emergency action is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it. Temporary emergency jurisdiction: https://www.azleg.gov/ars/25/01034.htm. Re-verified and corrected 2026-10-27. |
| Parenting class or mediation | Yes. Each county superior court runs an education program on the impact of divorce on adults and children. In a dissolution, legal separation or annulment case involving the spouses' minor child, the court orders both parties to complete it, unless the court finds it is not in the best interests of the parties or child, or a party has completed a comparable program. Re-verified 2026-10-27. |
| Grandparents' rights | A grandparent or great-grandparent may ask for visitation if it is in the child's best interests and one parent has died or been missing at least three months, the child was born to parents not married to each other, or the parents' marriage has been dissolved for at least three months. The court gives special weight to the parents' view of the child's best interests and considers the historical relationship, motivations, and the effect on the child's activities. Visitation rights end if the child is adopted, except by a stepparent. Re-verified 2026-10-27. Source: Ariz. Rev. Stat. § 25-409 |
Child support
| Child support | Arizona's Child Support Guidelines follow the income shares model, using both parents' incomes. The current guidelines took effect January 1, 2022 (revised September 21, 2022). The Superior Court in Maricopa County provides official 2022 calculators for statewide use: an interview-style version for self-represented people and an Excel version. Calculator information: https://azcourts.gov/familylaw/Child-Support-Family-Law-Information/About-the-Child-Support-Calculator |
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| How to apply for child support | Apply to the Arizona Department of Economic Security, Division of Child Support Services (DCSS). You can apply online through the AZCARES Child Support Customer Portal, or complete the paper Request for Title IV-D Child Support Services form and submit it by email, by mail (P.O. Box 40458, Phoenix, AZ 85067) or in a secure drop box at a local DCSS office. Helpful items include the other parent's name, Social Security number and employer if known, each child's birth certificate, and copies of any paternity, support or divorce orders. After the application is processed, a case is opened and both parents receive a letter about next steps. DCSS Customer Service: 602-252-4045 or 1-800-882-4151. |
| When child support ends | Child support normally ends when the child reaches the age of majority (18). If the child turns 18 while attending high school or a certified high school equivalency program, support continues while the child is actually attending, but only until the child turns 19. A court may order support to continue past majority for a child with severe mental or physical disabilities who cannot live independently and be self-supporting, if the disability began before the child reached the age of majority. Re-verified 2026-10-27. |
| Changing a child support order | A child support order can be changed only on a showing of changed circumstances that are substantial and continuing; adding health insurance coverage, or a change in its availability, can qualify. Changes are not retroactive: arrears that built up before notice of the petition cannot be modified, and a change takes effect on the first day of the month after notice of the petition unless the court sets a different date for good cause, which cannot be earlier than the date the petition was filed. A parent asks for a change by filing a petition with the superior court, and the court may award attorney fees and costs to the prevailing party. Statute: https://www.azleg.gov/ars/25/00503.htm Re-verified and corrected 2026-10-27. |
| If child support isn't paid | Every support order includes an order of assignment (income withholding). A child support order in a state child support (Title IV-D) case creates a lien on all of the paying parent's property, and the state can levy (seize) non-exempt property when there is a judgment or arrears equal to 12 months of support. The state can also use bank account data matches, report to credit bureaus, and, after notice, refer a parent who is at least six months behind to court, where a judge who finds willful nonpayment can suspend or restrict a driver license or recreational license; professional and occupational licenses are also subject to suspension. Knowingly failing to support a minor child is a class 6 felony. Unpaid support accrues simple interest at 10% a year. Interest: https://www.azleg.gov/ars/25/00510.htm; liens: https://www.azleg.gov/ars/25/00516.htm; levy: https://www.azleg.gov/ars/25/00521.htm Re-verified and corrected 2026-10-27. |
| State child support agency | Arizona's child support agency is the Department of Economic Security, Division of Child Support Services (DCSS). Parents can apply for DCSS services, which include locating absent parents, establishing paternity, and establishing and enforcing child support orders. |
| Official child support calculator | The Arizona Judicial Branch points parents to the 2022 Child Support Calculators (hosted by the Maricopa County Superior Court law library), which apply to orders entered after January 1, 2022, unless there is a default or the parties agree otherwise. There are two versions: an interview-style tool for self-represented litigants and an Excel version for judges, attorneys and others familiar with the guidelines. Older 2018-2021 calculators are kept for recomputing earlier orders. The court says the result "is only an estimate," and "The court has the final authority to determine the amount of child support awarded." 2022 calculators: https://superiorcourt.maricopa.gov/llrc/child-support-calculator/ |
Separation, annulment, records and marriage
| Legal separation | Yes. The court grants legal separation if one spouse is domiciled in Arizona (or stationed there in the armed services), the marriage is irretrievably broken or one or both want to live apart, and the other spouse does not object. If the other spouse objects and the 90-day domicile rule for divorce is met, the case is converted to a dissolution. Spouses may later agree to end a legal separation and restore their married status. Re-verified 2026-10-27. Source: Ariz. Rev. Stat. § 25-313 |
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| Annulment | The superior court may declare a marriage null and void when there is an impediment that makes the marriage void. Marriages between parents and children, grandparents and grandchildren, siblings (half or whole blood), uncles and nieces, aunts and nephews, and first cousins are void, with a limited exception for first cousins. The statutes read list void-marriage impediments; other annulment grounds are not listed in these sections. Re-verified 2026-10-27. |
| Common-law marriage | No. A marriage cannot be formed in Arizona by agreement without a ceremony; a marriage contracted in Arizona requires a license and solemnization. Marriages that were valid where they were formed are generally valid in Arizona. Re-verified 2026-10-27. |
| Changing your name after divorce | If a spouse asks at any time before the judge signs the decree of dissolution or annulment, the court must order that spouse's requested former name restored. A separate petition for change of name has a base clerk fee of $188. Re-verified 2026-10-27. |
| Divorce records | Divorce decrees are kept by the Clerk of the Superior Court in the county where the divorce was granted. For example, the Mohave County Clerk says the public may obtain copies of domestic relations (divorce) records and accepts requests by email, fax, mail, phone or in person using a records request form. Arizona's statewide clerk fee schedule lists $0.50 per copied page, $30 for a certificate of correctness (certification) of a copy, and $30 for research to locate a document. Fee statute: https://www.azleg.gov/ars/12/00284.htm. Ask your county clerk for the current total, since local fees may also apply. Re-verified 2026-10-27. |
Marriage and name changes
| Getting a marriage license | A license must be obtained from the clerk of the superior court in any Arizona county. Both applicants complete and sign under oath an affidavit giving each person's name, age and address, and provide their Social Security numbers separately. The license statutes do not set a waiting period. The statewide clerk fee for a marriage license and its return is $83. After the ceremony, which needs two witnesses at least 18 years old, the officiant must return the signed license to the clerk within 30 days. Fee schedule: https://www.azleg.gov/ars/12/00284.htm Re-verified and corrected 2026-10-27. |
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| Minimum marriage age | Anyone under 16 may not marry. A 16- or 17-year-old may marry only if the prospective spouse is no more than three years older and either the minor has an emancipation order (from Arizona or another state) or the custodial parent or guardian consents. The clerk may not issue a license to a minor who does not meet these rules. Re-verified 2026-10-27. Source: A.R.S. § 25-102 |
| Legal name change | An adult files an application in the superior court of the county where he or she lives, stating the reasons and the new name, and must state under penalty of perjury whether he or she has felony convictions or pending identity-related charges or is a registered sex offender, among other statements. The court decides whether notice by publication or service is needed. Victims and prosecutors may contest the change. The filing fee set by statute for a petition for change of name is $188. A person protected by an order of protection or who is a stalking victim may ask to seal the record. Re-verified 2026-10-27. Source: A.R.S. §§ 12-601, 12-602, 12-284 |
Adoption, guardianship and paternity
| Adoption requirements | Any adult Arizona resident, married or single, may qualify to adopt, and a married couple may adopt jointly; nonresidents may adopt only in limited cases involving Arizona foster children. Before filing, prospective parents must be certified by the court as acceptable to adopt after an investigation and home study, including fingerprint clearance cards for adults in the household; certification lasts 18 months. Consent is generally needed from the birth mother, a legal father, a child 12 or older (in open court), and any guardian or agency with authority to consent; a consent is irrevocable unless obtained by fraud, duress or undue influence. A social study, including criminal and child-welfare record checks, must be filed before the adoption hearing. Who may adopt: https://www.azleg.gov/ars/8/00103.htm ; consent: https://www.azleg.gov/ars/8/00106.htm Re-verified 2026-10-27. |
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| Stepparent adoption | A stepparent does not need preadoption certification. If the stepparent has been married to the child's parent for at least one year and the child has lived with them for at least six months, the social study is limited to criminal and child-welfare registry checks. The other legal parent's consent is still required unless that parent's rights have been terminated by court order or another exception applies. Re-verified 2026-10-27. |
| Guardianship of a child | Any person interested in a minor's welfare may petition the superior court, with notice to the minor (if 14 or older), the child's caregiver and each living parent. The court may appoint a guardian if it is in the minor's best interest and each living parent consents after being informed, the parents' rights have been terminated, or the minor is at least 16, not in a dependency case, and no parent is willing or able to act. A temporary guardian may serve up to six months unless extended. The court may appoint a lawyer for the minor. The superior court fee to petition to appoint a guardian is listed in A.R.S. § 12-284 as $149. Re-verified 2026-10-27. Source: A.R.S. §§ 14-5204, 14-5207 |
| Guardianship of an adult | The person or anyone interested in the person's welfare may petition the superior court; a petition for full (general) guardianship must explain that alternatives were explored and why a limited guardianship is not appropriate, and must disclose any health care or durable power of attorney. The court appoints a lawyer unless the person has one, an investigator, and a physician, psychologist or registered nurse to examine the person, and the person has a right to a jury trial. The court may appoint a general or limited guardian only if it finds by clear and convincing evidence that the person is incapacitated, the appointment is necessary to meet demonstrated needs, and the needs cannot be met by less restrictive means, including appropriate technological assistance. Re-verified 2026-10-27. Source: A.R.S. §§ 14-5303, 14-5304 |
| Establishing paternity | Parents of a child born outside marriage can establish paternity by filing a notarized or witnessed acknowledgment signed by both parents with the clerk of the superior court, the Department of Economic Security or the Department of Health Services; it has the same effect as a superior court judgment. Either parent may rescind in writing within the earlier of 60 days after the last signature or the date of a proceeding about the child in which that parent is a party. After 60 days, it can be challenged only for fraud, duress or material mistake of fact. In a court paternity case, the court must order genetic testing on its own or a party's motion; a result of 95% or greater creates a presumption of paternity. Re-verified 2026-10-27. Source: A.R.S. §§ 25-812, 25-807 |
| Emancipation of a minor | A minor who is at least 16, an Arizona resident and financially self-sufficient may petition the court in his or her county of residence. The petition must show the ability to manage finances and personal affairs, live independently and pursue school or work, plus one of: living on one's own for at least three consecutive months, reasons the home is not healthy or safe, or a parent's notarized consent. If a parent objects, the court generally refers the case to mediation. The minor must prove by clear and convincing evidence that emancipation is in his or her best interest. An emancipated minor is treated as an adult for contracts, lawsuits, property, residence, debts, medical consent and school enrollment, and parents' future support obligations end. The filing fee is $46. Effect of emancipation: https://www.azleg.gov/ars/12/02454.htm Re-verified 2026-10-27. |
Where to get help in Arizona
Divorce & Family Law FAQ
How long do you have to live in Arizona to file for divorce?
One spouse must have been domiciled (living with the intent to stay) in Arizona, or stationed in Arizona as a member of the armed services, for 90 days before the petition for dissolution is filed.
Is Arizona a no-fault divorce state?
Arizona is a no-fault state: the court grants a divorce (dissolution) when it finds the marriage is irretrievably broken, meaning there is no reasonable prospect of reconciliation. If one spouse denies this under oath, the court holds a hearing and may continue the case up to 60 days and order a conciliation conference. Covenant marriages can be ended only on the specific grounds in the covenant marriage law.
Is there a waiting period for divorce in Arizona?
The court cannot hold a trial or hearing, or consider a motion and affidavit, for a decree of dissolution or legal separation until 60 days after the other spouse was served or accepted service.
How much does it cost to file for divorce in Arizona?
State law sets the clerk's base fee for a petition for dissolution, legal separation or annulment at $149, and $74 for the response. Counties may add their own fees, so the total varies by county. If you cannot pay, you can apply for a fee waiver or deferral using the Application for Deferral or Waiver of Court Fees or Costs (Form AOCDFGF1F). People receiving SSI qualify for a waiver, and people receiving TANF or food stamps, or represented by a nonprofit legal aid provider, qualify for a deferral, with proof.
How do you get an uncontested divorce in Arizona?
Yes. If spouses settle all issues before either one files, they can jointly file a combined petition and response for a summary consent decree, waiving formal service. The filing fee is 50 percent of the combined petition and answer fee, plus any county fees. All final settlement papers must be submitted at filing or within 60 days, and the decree cannot be entered earlier than 60 days after filing. Either spouse can withdraw before the decree is entered.
Is Arizona a community property state?
Arizona is a community property state. Property acquired by either spouse during the marriage is community property, except gifts and inheritances and property acquired after service of a petition that results in a decree. Property owned before marriage, gifts and inheritances, and their rents and profits are separate property. The court assigns each spouse's separate property to that spouse and divides community and jointly held property equitably, though not necessarily in kind, without regard to marital misconduct. The court can consider wasting, concealing or fraudulently disposing of shared property.
How is alimony decided in Arizona?
The court may order spousal maintenance if the spouse seeking it lacks enough property for reasonable needs, lacks adequate earning ability, is caring for a child who makes outside work inappropriate, contributed significantly to the other spouse's education or career, or had a long marriage and is of an age that may prevent adequate employment. Amount and duration follow Arizona Supreme Court guidelines, based on factors such as the standard of living, length of the marriage, each spouse's earning ability and resources, and time needed for training. Maintenance is ordered without regard to marital misconduct and only for as long and in an amount needed to become self-sufficient.
How is child custody decided in Arizona?
Arizona uses the terms legal decision-making and parenting time, decided by the child's best interests. Factors include the child's relationship with each parent, adjustment to home, school and community, the child's wishes if of suitable age and maturity, the mental and physical health of everyone involved, which parent is more likely to allow frequent and meaningful contact with the other, domestic violence or child abuse, and coercion in reaching an agreement. State policy is that, absent evidence to the contrary, a child benefits from substantial, frequent, meaningful and continuing parenting time with both parents and from both parents taking part in decisions. If a parent has committed domestic violence, there is a mandatory rebuttable presumption that awarding that parent decision-making or parenting time is contrary to the child's best interests.
How is child support calculated in Arizona?
Arizona's Child Support Guidelines follow the income shares model, using both parents' incomes. The current guidelines took effect January 1, 2022 (revised September 21, 2022). The Superior Court in Maricopa County provides official 2022 calculators for statewide use: an interview-style version for self-represented people and an Excel version.
Do you have to take a parenting class to divorce in Arizona?
Yes. Each county superior court runs an education program on the impact of divorce on adults and children. In a dissolution, legal separation or annulment case involving the spouses' minor child, the court orders both parties to complete it, unless the court finds it is not in the best interests of the parties or child, or a party has completed a comparable program.
Can you get a legal separation in Arizona?
Yes. The court grants legal separation if one spouse is domiciled in Arizona (or stationed there in the armed services), the marriage is irretrievably broken or one or both want to live apart, and the other spouse does not object. If the other spouse objects and the 90-day domicile rule for divorce is met, the case is converted to a dissolution. Spouses may later agree to end a legal separation and restore their married status.
What are the grounds for annulment in Arizona?
The superior court may declare a marriage null and void when there is an impediment that makes the marriage void. Marriages between parents and children, grandparents and grandchildren, siblings (half or whole blood), uncles and nieces, aunts and nephews, and first cousins are void, with a limited exception for first cousins.
Does Arizona recognize common-law marriage?
No. A marriage cannot be formed in Arizona by agreement without a ceremony; a marriage contracted in Arizona requires a license and solemnization. Marriages that were valid where they were formed are generally valid in Arizona.
Do grandparents have visitation rights in Arizona?
A grandparent or great-grandparent may ask for visitation if it is in the child's best interests and one parent has died or been missing at least three months, the child was born to parents not married to each other, or the parents' marriage has been dissolved for at least three months. The court gives special weight to the parents' view of the child's best interests and considers the historical relationship, motivations, and the effect on the child's activities. Visitation rights end if the child is adopted, except by a stepparent.
How do you change your name back after a divorce in Arizona?
If a spouse asks at any time before the judge signs the decree of dissolution or annulment, the court must order that spouse's requested former name restored. A separate petition for change of name has a base clerk fee of $188.
At what age does child support end in Arizona?
Child support normally ends when the child reaches the age of majority (18). If the child turns 18 while attending high school or a certified high school equivalency program, support continues while the child is actually attending, but only until the child turns 19. A court may order support to continue past majority for a child with severe mental or physical disabilities who cannot live independently and be self-supporting, if the disability began before the child reached the age of majority.
How do I file for child support in Arizona?
Apply to the Arizona Department of Economic Security, Division of Child Support Services (DCSS). You can apply online through the AZCARES Child Support Customer Portal, or complete the paper Request for Title IV-D Child Support Services form and submit it by email, by mail (P.O. Box 40458, Phoenix, AZ 85067) or in a secure drop box at a local DCSS office. Helpful items include the other parent's name, Social Security number and employer if known, each child's birth certificate, and copies of any paternity, support or divorce orders. After the application is processed, a case is opened and both parents receive a letter about next steps.
What happens if you don't pay child support in Arizona?
Every support order includes an order of assignment (income withholding). A child support order in a state child support (Title IV-D) case creates a lien on all of the paying parent's property, and the state can levy (seize) non-exempt property when there is a judgment or arrears equal to 12 months of support. The state can also use bank account data matches, report to credit bureaus, and, after notice, refer a parent who is at least six months behind to court, where a judge who finds willful nonpayment can suspend or restrict a driver license or recreational license; professional and occupational licenses are also subject to suspension. Knowingly failing to support a minor child is a class 6 felony. Unpaid support accrues simple interest at 10% a year.
How do you modify child support in Arizona?
A child support order can be changed only on a showing of changed circumstances that are substantial and continuing; adding health insurance coverage, or a change in its availability, can qualify. Changes are not retroactive: arrears that built up before notice of the petition cannot be modified, and a change takes effect on the first day of the month after notice of the petition unless the court sets a different date for good cause, which cannot be earlier than the date the petition was filed. A parent asks for a change by filing a petition with the superior court, and the court may award attorney fees and costs to the prevailing party.
How do you get emergency custody in Arizona?
A party in a legal decision-making (custody) and parenting time case may file a motion for a temporary order, supported by pleadings as required by § 25-411; the court may grant temporary legal decision-making and parenting time after a hearing, or on the papers if no one objects. If domestic violence is alleged, the court must make written findings. Under the interstate custody law, an Arizona court has temporary emergency jurisdiction if the child is in Arizona and has been abandoned, or emergency action is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it.
Are divorce records public in Arizona, and how do I get a copy?
Divorce decrees are kept by the Clerk of the Superior Court in the county where the divorce was granted. For example, the Mohave County Clerk says the public may obtain copies of domestic relations (divorce) records and accepts requests by email, fax, mail, phone or in person using a records request form. Arizona's statewide clerk fee schedule lists $0.50 per copied page, $30 for a certificate of correctness (certification) of a copy, and $30 for research to locate a document.
How do you get a marriage license in Arizona?
A license must be obtained from the clerk of the superior court in any Arizona county. Both applicants complete and sign under oath an affidavit giving each person's name, age and address, and provide their Social Security numbers separately. The license statutes do not set a waiting period. The statewide clerk fee for a marriage license and its return is $83. After the ceremony, which needs two witnesses at least 18 years old, the officiant must return the signed license to the clerk within 30 days.
What is the legal age to get married in Arizona?
Anyone under 16 may not marry. A 16- or 17-year-old may marry only if the prospective spouse is no more than three years older and either the minor has an emancipation order (from Arizona or another state) or the custodial parent or guardian consents. The clerk may not issue a license to a minor who does not meet these rules.
What are the requirements to adopt a child in Arizona?
Any adult Arizona resident, married or single, may qualify to adopt, and a married couple may adopt jointly; nonresidents may adopt only in limited cases involving Arizona foster children. Before filing, prospective parents must be certified by the court as acceptable to adopt after an investigation and home study, including fingerprint clearance cards for adults in the household; certification lasts 18 months. Consent is generally needed from the birth mother, a legal father, a child 12 or older (in open court), and any guardian or agency with authority to consent; a consent is irrevocable unless obtained by fraud, duress or undue influence. A social study, including criminal and child-welfare record checks, must be filed before the adoption hearing.
How does stepparent adoption work in Arizona?
A stepparent does not need preadoption certification. If the stepparent has been married to the child's parent for at least one year and the child has lived with them for at least six months, the social study is limited to criminal and child-welfare registry checks. The other legal parent's consent is still required unless that parent's rights have been terminated by court order or another exception applies.
How do you get guardianship of a child in Arizona?
Any person interested in a minor's welfare may petition the superior court, with notice to the minor (if 14 or older), the child's caregiver and each living parent. The court may appoint a guardian if it is in the minor's best interest and each living parent consents after being informed, the parents' rights have been terminated, or the minor is at least 16, not in a dependency case, and no parent is willing or able to act. A temporary guardian may serve up to six months unless extended. The court may appoint a lawyer for the minor.
How do you get guardianship of an adult in Arizona?
The person or anyone interested in the person's welfare may petition the superior court; a petition for full (general) guardianship must explain that alternatives were explored and why a limited guardianship is not appropriate, and must disclose any health care or durable power of attorney. The court appoints a lawyer unless the person has one, an investigator, and a physician, psychologist or registered nurse to examine the person, and the person has a right to a jury trial. The court may appoint a general or limited guardian only if it finds by clear and convincing evidence that the person is incapacitated, the appointment is necessary to meet demonstrated needs, and the needs cannot be met by less restrictive means, including appropriate technological assistance.
How do you establish paternity in Arizona?
Parents of a child born outside marriage can establish paternity by filing a notarized or witnessed acknowledgment signed by both parents with the clerk of the superior court, the Department of Economic Security or the Department of Health Services; it has the same effect as a superior court judgment. Either parent may rescind in writing within the earlier of 60 days after the last signature or the date of a proceeding about the child in which that parent is a party. After 60 days, it can be challenged only for fraud, duress or material mistake of fact. In a court paternity case, the court must order genetic testing on its own or a party's motion; a result of 95% or greater creates a presumption of paternity.
How do you legally change your name in Arizona?
An adult files an application in the superior court of the county where he or she lives, stating the reasons and the new name, and must state under penalty of perjury whether he or she has felony convictions or pending identity-related charges or is a registered sex offender, among other statements. The court decides whether notice by publication or service is needed. Victims and prosecutors may contest the change. The filing fee set by statute for a petition for change of name is $188. A person protected by an order of protection or who is a stalking victim may ask to seal the record.
How does a minor get emancipated in Arizona?
A minor who is at least 16, an Arizona resident and financially self-sufficient may petition the court in his or her county of residence. The petition must show the ability to manage finances and personal affairs, live independently and pursue school or work, plus one of: living on one's own for at least three consecutive months, reasons the home is not healthy or safe, or a parent's notarized consent. If a parent objects, the court generally refers the case to mediation. The minor must prove by clear and convincing evidence that emancipation is in his or her best interest. An emancipated minor is treated as an adult for contracts, lawsuits, property, residence, debts, medical consent and school enrollment, and parents' future support obligations end. The filing fee is $46.
Where can I get divorce papers and forms in Arizona?
The Arizona Judicial Branch's Self-Service Center posts free family law form packets for Dissolution of Marriage with Children and Dissolution of Marriage without Children. The with-children packet includes the Petition for Dissolution of a Non-Covenant Marriage (Divorce) with Minor Children (DRDC15F), Summons (DR11F), Preliminary Injunction (DR14F), Parenting Plan (DRCVG11F), the Response to Petition (DRDC31F), default forms and the Decree of Dissolution (DRDC81F), along with instructions for each step. Individual courts may have their own preferred forms.
Who handles child support in Arizona, and how do I contact them?
Arizona's child support agency is the Department of Economic Security, Division of Child Support Services (DCSS). Parents can apply for DCSS services, which include locating absent parents, establishing paternity, and establishing and enforcing child support orders.
Is there an official child support calculator in Arizona?
The Arizona Judicial Branch points parents to the 2022 Child Support Calculators (hosted by the Maricopa County Superior Court law library), which apply to orders entered after January 1, 2022, unless there is a default or the parties agree otherwise. There are two versions: an interview-style tool for self-represented litigants and an Excel version for judges, attorneys and others familiar with the guidelines. Older 2018-2021 calculators are kept for recomputing earlier orders. The court says the result "is only an estimate," and "The court has the final authority to determine the amount of child support awarded."
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.