Getting Started

The best time for your first meeting with an attorney is before you have decided to divorce.  An attorney can provide you information about what might happen in a divorce and help you make an informed decision. We’ve seen too many people rush into a divorce without considering what their life might look like afterwards.

That said, when you are in that stage, what attorney you meet with to get that information is critical. Some attorneys use their consultations as a sale pitch. Worse, others use it to scare you or pressure you into making a decision you may not be ready for.

At State 48, we do not believe in those approaches. We believe it is our job to provide you as much information as possible and let you decide. Seeking a divorce is a deeply personal decision, one of the biggest decisions you will ever make—and it is your decision. We do not want to make the decision for you.  But we are happy to help you understand the potential outcomes and how to protect yourself if you decide to divorce.

You should talk with an attorney before filing for divorce. A divorce is such a big decision, and so much is on the line for the people going through a divorce that an hour spent consulting with an attorney is time and money well spent, provided that you are meeting with an attorney who is focused on providing information and advice to you.

One advantage of meeting with an attorney prior to filing is to understand what potential outcomes you might be looking at and what you can achieve in litigation. Some people take positions in the initial divorce filing that hurt their chances of achieving what they want down the road.

There are many reasons it takes so long to get divorced. First, every Arizona divorce requires a 60-day, “cooling off” period. The 60-day clock starts on the day the initial divorce documents were served. A divorce lasts longer than the 60-days when spouses cannot agree on how to settle issues such as assets and debts. Additionally, some issues, such as child custody, spousal maintenance, or dividing a successful business can be highly complex, and often require the input of experts. Divorces also last longer when one or both spouses act or take unreasonable positions.

A divorce becomes official in Arizona when a judge signs the final decree. The judge will divorce you either in paperwork called a “Consent Decree” (used where the spouses agree to all terms of the divorce) or “Decree of Dissolution” (used where the judge must decide the outstanding issues). The legal decree officially dissolves (ends) the marriage, and the Court restores the parties to their status as single persons.

You should hire a divorce attorney if your spouse has an attorney. Representing yourself without an attorney immediately puts you at a disadvantage. Your chances of prevailing at trial or negotiating a favorable settlement on your own against an attorney are not very good. The laws and rules surrounding a divorce can be incredibly complex and experienced lawyers have a massive advantage over non-lawyers.

Attorneys know how the legal system works. When you go to Court, you are held at an attorney standard. That means the rules of the game do not change just because you are unrepresented. The rules remain the same, and there are a lot of them, and they are complex and difficult to understand unless you have legal training. We do our best here to make them understandable to the public, but there is only so much you can know your first, second, or third time through the legal system. An attorney is almost assuredly going to be able to outmaneuver you at almost every turn.

To file the Petition for Dissolution in Maricopa county, go to your nearest Superior Courthouse. There are 4 locations in Maricopa County:

• Northeast in Phoenix (Union Hills and the 51)
• Downtown in Phoenix (Central and Washington)
• Southeast in Mesa (Mesa Drive and the 60)
• Northwest in Surprise (Greenway and Litchfield)

A covenant marriage is an optional type of marriage.  Before marriage, the spouses-to-be must attend certain counseling and meet other requirements. The legal effect of a covenant marriage is that it is harder to divorce.  In a covenant marriage, a legal separation or divorce may be granted only for certain reasons listed in state law. The law regarding covenant marriages can be found in Sections 25-901 through 25-906 of the Arizona Revised Statutes. If you are in a covenant marriage and are considering a divorce, it is strongly recommended that you consult with an attorney experienced with covenant marriages.

The Court will not appoint you an attorney if you cannot afford one to represent you in a family law proceeding. The Constitutional right to an attorney applies only to criminal proceedings. For that reason, the government must appoint a free attorney to criminal defendants.

As family court is a civil proceeding, you have the right to hire your own attorney, but you will not be given a free one. If you want an attorney in your family court proceeding, you are going to have to obtain one the old-fashioned way: You’re going to have to pay for it.

The filing fees charged by Maricopa County for dissolution documents include $349.00 for the Petitioner and $279.00 for the Respondent. The Petitioner is the spouse that files the Petition and begins the divorce. The Respondent is the spouse who files an Answer or Response to the Petition. If no Response is filed, the Respondent’s fee is still owed to the Clerk before allowing the final documents to be submitted and signed (As of January 2023).

The average Arizona divorce takes between six to nine months. But this is only a rough estimate. It depends on a lot of factors, like length of marriage, if there are children, number of assets and debts to be divided, and the mental health of the parties. If spouses are agreeable, they can get divorced in as little as 60-days. Reasonable negotiations and settlement discussions can drastically reduce the time it takes to get a divorce. But contentious divorces can take a year or more, and highly contentious divorces can take two years or more.

Arizona state law requires you to have lived in the state for at least 90 days before you can file for a divorce. If children are involved, the children need to live here for at least six consecutive months before a divorce can be filed.

To start a divorce in Arizona, the first step is to file the Petition for Dissolution with the Superior Court. The Petition is the paperwork that starts that divorce. After you file the Petition, you need to have it legally served to your spouse. Before you file, you may want to consider consulting with an attorney. Divorces are complex, and you should be fully informed before you file something. Otherwise, you risk making a mistake that could hurt your case.