Things You Should Know About
Divorce in Arizona
This booklet is designed to give you general
information about getting a divorce in
Arizona and to let you know what steps are
involved in taking a case to court.
Divorce in Arizona
Divorce is a court process to legally end a marriage. In
Arizona divorce is called "dissolution of marriage" and
court papers use the term dissolution of marriage instead
of divorce. In addition to ending the marriage, the court
also has the authority to divide certain property and debts
of the spouses
and in some cases to order one spouse to
pay support (alimony)
to the other. If children are
involved, the court also can decide custody, parenting
time (formerly called visitation) and child support issues.
Only the court can legally end a marriage. However,
spouses are free to agree to as many terms of the divorce
as possible. Court services are available in several coun-
ties to assist in reaching agreements about such matters as
parenting time and custody of children. Because agree-
ments between spouses leave fewer issues for the court to
decide, the result often is more satisfying to the people
involved
and may speed the process of concluding
the
court case.
Questions & Answers
NOTE: This booklet is intended to provide general
information about divorce. It is not a complete nor
authoritative review of this subject and reflects the
laws of the state of Arizona only as of the date of its
publication. The booklet is not intended to be a
guide
to obtaining a divorce. Divorce often involves
important
issues about the legal rights of the spous-
es and of any children involved. Questions about
specific situations should be discussed with an
attorney.
If you have children and issues of child custody or
parenting time are involved, other information is
provided in the separate, blue-and-beige-colored
booklet in this series titled "Things you Should
Know About Custody and Parenting Time." When
seeking a divorce and a party has requested that the
Superior Court determine custody, specific parent-
ing time or child support, parents of minor
children are required by state law (section 25-351 et
seq. Arizona Revised Statutes) to attend an educa-
tion class. Details are provided in the green-and-
beige-colored booklet in this series titled "Things
You Should Know About Parent Education Class."
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Q. What is divorce?
Divorce is a court process to legally end a mar-
riage.
In Arizona a divorce is called a "dissolu-
tion of marriage." In addition to ending the
marriage, a divorce may also deal with how
property and debts of the spouses are divided
between them and whether one spouse should
pay support (alimony) to the other. If children
are involved, a divorce also resolves custody,
parenting time and child support issues.
Q. What is a divorce "Decree?"
The Decree is the final order of the court legal-
ly ending the marriage. Spouses are not
"divorced" until the court grants the divorce
and the Decree is signed by the judge. The
Decree may also contain other orders deciding
how the spouses’ property and debts will be
divided and what financial support, if any,
will be paid by one spouse to the other. If chil-
dren are involved, the Decree also will pro-
vide for custody, parenting time and child
support.
Q. Where do I get a divorce?
In Arizona, only the Superior Court can grant
a divorce. To get a divorce, one spouse must
start a court case in the Superior Court.
Although the Superior Court has a facility in
each Arizona county, a court case to end a
marriage must be started in the county where
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the person requesting the divorce lives.
Q. Who can start a divorce case?
In Arizona, either spouse can ask the court for
a divorce. A divorce is not awarded to either
spouse; rather, it simply changes the status of
the marriage relationship.
Q. When can I start a divorce case?
Before starting the court case, either the hus-
band or wife must have lived in Arizona for at
least 90 days or have been a member of the
armed forces stationed in Arizona for at least
90 days. Unless
Arizona was the last state
where you lived together
with your spouse,
issues regarding custody of children may
require a longer residence time in order to
deal with those issues.
Q.
What "reasons" do I need to start a divorce
case?
Unlike some other states, for most marriages
Arizona does not require that one of the
spouses prove blame or responsibility in order
to end the marriage. Under Arizona law, the
only question for the court is whether the mar-
riage is "irretrievably broken," meaning that
there is no reasonable chance that the spouses
want to keep the marriage together.
If you have a covenant marriage (defined on
page 27), however, under state law the court
cannot grant a divorce unless certain things
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such as adultery, abandonment, physical
abuse or regular substance abuse are proven
or unless both spouses agree that the marriage
should end. (The reasons
for ending a
covenant marriage are listed in section
25-903,
Arizona Revised Statutes.)
Q. Can the court help with marriage problems
before getting a divorce?
Yes. Because ending a marriage is a serious step
with many legal and personal results, the Superior
Court in many counties has trained family coun-
selors and mediators
available to assist couples in
discussing marital
problems and disputes involving
children, without involving attorneys and judges.
These Conciliation Services can be requested before
someone files a divorce case or even after the case is
started. Contact
the Superior Court in your county
for more information.
Q. Can I represent myself in court?
It is not required that you have an attorney to rep-
resent
you in a divorce case. You must, however,
follow the same rules and procedures as attorneys.
All legal papers must be in the proper form and
filed on time. The judges, clerks and staff of the
court are not permitted to give you legal advice.
Divorce cases often involve important issues about
property and debt division, financial support and if
children are involved, child custody and parenting
time. If you have legal questions about your legal
rights, you should ask an attorney.
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Q. How long does it take to get a divorce?
Under state law (section 25-329, Arizona Revised
Statutes), a divorce cannot be granted by the court
until at least 60 days after the first court papers are
delivered to the other spouse. If the spouses are in
agreement about getting a divorce and other issues
(such as how to divide property and debts), the
divorce can be finalized soon after the 60-day wait-
ing period is over. If the spouses are not in agree-
ment on how to settle all issues, the time it takes will
depend on how complicated the issues are and on
the court’s schedule.
Q. Can a woman go back to using her maiden
name after the divorce?
Yes. State law (section 25-325, Arizona Revised
Statutes) allows a woman to return to ("restore") the
use of her former name at the time the marriage is
ended. A request must be made to the court at any
time before the divorce Decree is signed by the
judge. Usually, the request is included in the first
papers filed in the divorce case.
Q. What if I change my mind after starting a
divorce case?
If you and your spouse decide to stay married, the
divorce case can be canceled (or "dismissed") by fil-
ing a request with the Clerk of Superior Court.
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Q. What is "community property?"
Community property is property acquired by the
spouses
during the marriage. Generally, the law
presumes that any property purchased or obtained
by either spouse during
the marriage is community
property. Community
property is not just land or
buildings. It includes all kinds of property, such as
money (all forms–cash, bank accounts, investment
accounts), jewelry, home furnishings, automobiles,
boats, stock
options and the wages or earnings of
either spouse during
the marriage. Even retirement
plans and pensions
can be part of the community
property estate.
Q. Is everything the spouses own community
property?
Not necessarily. State law provides that property
(of all types) owned by a person before marriage
can remain the "separate property" of that spouse.
Also items that a spouse receives by gift or inheri-
tance during the marriage (and any increase in
those items, such as through growth in value, inter-
est earned or profits) are also the separate property
of the spouse.
Q. Why is it important to know the difference
between community property and separate
property?
It is important to know what community property
the spouses have because in a dissolution case the
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court is required by law to divide the community
property in a fair (not necessarily equal) way. You
must be able to show the court adequate proof of
what you are claiming as your separate property, as
the court must decide which property is separate
property belonging to each spouse. If a retirement
plan is involved, the court may have to sign a spe-
cial order (a "Qualified Domestic Relations Order")
so the company that keeps the retirement account
can divide the money/benefits acquired during the
marriage properly between the spouses.
Q.
Can we decide ourselves how to divide
our property?
Spouses are encouraged to resolve as many issues
as possible. One way to do this is by a written
agreement (called a "separation agreement") indi-
cating how matters should be handled if the mar-
riage ends. The separation
agreement is a contract
listing and describing
the
spouses’ decisions about
ownership of real estate, dividing
property, finan-
cial support and, if children are involved, even
issues of custody and parenting time. In a divorce
case, the court must accept the separation agree-
ment (except for matters about custody, parenting
time and support of children) unless it is unfair.
Q. How do I start a divorce case?
To get a divorce, one spouse must start a court case
in the Superior Court. There are particular steps that
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must be followed. These steps are controlled both by
state law and rules and sometimes also by local rules
and procedures. Before starting the case, check the
rules and procedures for your county.
To begin the court case, one of the spouses must file
with the Clerk of Superior Court a written request
called a "Petition." A filing fee of $171.00 must be
paid to the Clerk of Superior Court at the time of fil-
ing. This amount is set by state law. There may be
local laws that add amounts to this basic fee. (For
example, in Maricopa County an additional $20 is
charged.) If unable to pay, the Petitioner can ask
the court to postpone ("defer") or forgive ("waive")
payment by filing a written application with the
Clerk of Superior Court. The court is
open Monday
through Friday from 8:00 a.m. to 5:00 p.m.
Q.
What is a Petition?
The Petition is the legal paper that asks the court to
legally end the marriage and to issue other orders
necessary to deal with the spouses’ property and
debts as well as financial support. If children are
involved, the Petition also should include specific
requests for custody, parenting time and child sup-
port. The Petition is an important legal document
because generally the court cannot give a spouse
anything that is not requested and included in the
Petition.
As with all papers filed in court, the form of the
Petition must comply with court rules and state
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laws governing size, spacing and content. Forms
available in Self-Service Centers for the Superior
Court have been developed to comply with these
requirements. Correct forms also are available on
the Internet at this website address:
http://www.supreme.state.az.us/selfserv/forms.htm
Q.
What do the words “Petitioner” and “Respondent”
mean?
In any legal case, the people involved are referred
to by words that describe their role in the case. In a
divorce case, the person who starts the court case
by filing the Petition is called the "Petitioner." The
other spouse is called the "Respondent" because
that spouse can file a paper answering the Petition
that is called a "Response."
Q.
What other papers do I need when I start the
divorce case?
With the Petition, the Petitioner must also fill out
and have available for the Clerk of Superior Court
at the time of filing four other documents:
1. Summons. The Summons is a legal paper that
tells the non-filing spouse (the Respondent) a
divorce case has been filed and some action
must be taken if the Respondent wants to be
heard by the court.
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2. Notice of Right to Convert Health Insurance.
Under state law, when a divorce case is start-
ed, each spouse must receive a notice advis-
ing about rights and responsibilities regard-
ing any existing health care insurance policy.
3. Joint Preliminary Injunction. This is a court
order that automatically takes effect when
the divorce case is started and prohibits both
spouses from doing certain things involving
money, property, children and insurance
until the court can decide any issues involved
or the parties reach a written agreement.
4. Creditor Notice. Under state law, when a
divorce is
started, each spouse must receive a
notice advising
about rights and responsibili-
ties regarding debts acquired during the
marriage.
Three copies of these forms should be brought to
the Clerk of Superior Court’s office when the case is
started. The Clerk of Superior Court keeps the orig-
inal papers and the copies are stamped, one set to
be kept by the Petitioner and one set to be given to
the Respondent. Most counties also require that the
Petitioner complete a Civil Cover Sheet. This is a
standardized form containing information about
the parties that will assist in processing the case. If
minor children are involved, the Petitioner also
may have to complete a form sometimes called an
Affidavit Regarding Minor Children.
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Q. Why is the Summons important?
The Summons is the official court paper that tells
the other spouse that a divorce case has been start-
ed and that some action must be taken if the other
spouse wants to be heard by the court. It also tells
the spouse that there is a time limit in which to act.
The Summons must be signed and stamped by the
Clerk of Superior Court to be official. The divorce
case cannot go forward until the
Summons (with the
Petition and other papers) is delivered
to the spouse
in the proper way.
Q. What is the Preliminary Injunction about?
The Preliminary Injunction prevents ("enjoins")
each spouse from doing certain things that might
damage the person, property or legal rights of the
other spouse. The purpose of the Preliminary
Injunction is to keep each spouse from making deci-
sions or taking actions about money and property
belonging to both spouses and about the legal
interests of any minor children until written agree-
ment is reached by the parties or the court has had
the opportunity to make fair decisions about these
matters. As much as possible, it keeps everything as
it was during the marriage while the divorce case is
before the court.
The Preliminary Injunction is an official court order
that is effective until the divorce case has ended.
Basically, the Preliminary Injunction does these
things:
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1. Directs the spouses not to sell, give away,
transfer, borrow against or hide any commu-
nity property, unless needed for the necessi-
ties of life or done in the usual course of a
business.
2. Prohibits family violence.
3.
Orders both spouses not to remove any chil-
dren living
in Arizona from the state without
the written agreement of both spouses or the
court’s permission.
4. Requires that all types of insurance coverage
for the spouses and any children remain
effective and that no one be removed.
A spouse who disobeys the Preliminary Injunction
may be arrested and prosecuted for the crime of
interfering with judicial proceedings; that spouse
may also be held in contempt of court (punished by
fine or jail for violation of a court order).
Q. What do I do after the Petition is filed?
Under the United States’ system of constitutional
law, the court cannot
act in a case unless all inter-
ested persons are notified and have a chance to be
heard. In a divorce case, this means that the papers
initially filed by the Petitioner must be made avail-
able to the other spouse, who then can reply to the
court.
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Q. What is meant by "service" of papers?
Giving notice to the other spouse that a divorce case
has been started is called "service" and is done by
giving ("serving") copies of the Summons, Petition
and other papers which the Petitioner filed to the
other spouse.
Q. How do I have the Summons and Petition
served?
Legal papers must be served by certain people in a
particular way according to court rules (Rules 4.1
and 4.2 of the Arizona Rules of Civil Procedure).
Different rules apply in different circumstances.
Service on a person living in Arizona generally is
best made by delivering copies of the papers direct-
ly to the spouse or by leaving copies with a person
of reasonable age who lives in the spouse’s home
(for example, a parent or roommate of the spouse.)
The Petitioner is not authorized to serve legal
papers. If service is made in the State of Arizona,
the papers must be delivered by a deputy Sheriff or
a person (called a "process server") who is specially
registered with the court to serve legal documents.
The Sheriff and the process server charge a fee for
performing this task (these fees vary from county to
county and the Sheriff and the process server do
not necessarily charge the same price). A person
may apply to the court for deferral or waiver of the
fee charged by the Sheriff, but not by a process
server.
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Q.
What if I do not know where the Respondent
lives?
If you do not know where the Respondent lives but
the last known residence was in Arizona, service
may be made by publishing a copy of the Summons
in a newspaper for four consecutive weeks. Consult
Rule 4.1 of the Arizona Rules of Civil Procedure for
the correct process. NOTE: When service is made
by publication, the court is limited in its authority
to make orders in the case. For example, the court
could not order that the Respondent pay financial
support for the Petitioner or for any children.
Q. How long do I have to serve the Summons
and Petition?
The Summons and a copy of the Petition and other
required papers must be served within 120 days of
filing the Petition. (The court can allow more time if
a request is made before the 120 days runs out.)
Otherwise the court case will be ended ("dis-
missed") and must be started again.
Q. How does the court know if the Respondent has
been served?
After the Summons and Petition are served on the
Respondent, a written statement (called an
"Affidavit of Service" or a "Proof of Service") must
be filed with the Clerk of Superior Court. A Sheriff
or process server usually files the written statement
on behalf of the Petitioner when service is made in
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the state. If service by publication is used, a written
statement sworn under oath ( an "affidavit") must
be filed with the court along with a copy of the
notice published in the newspaper.
Q. Can the Respondent simply agree to receive the
Summons and Petition?
Yes. The Respondent may sign a paper
("Acceptance of Service of Process") agreeing to
accept service of copies of the Summons, Petition
and other required papers rather than have a
Sheriff or process server deliver them. The
Respondent also may sign a paper ("Waiver of
Service of Process") agreeing not to receive the
Summons and Petition at all. In either case, the
agreement does not mean that the Respondent con-
sents
to things the Petitioner has asked the court to
do. It means only that the Respondent admits
receiving the Summons and Petition or does not
want to have them formally served.
This way of serving papers is allowed by court
rules and eliminates the cost of having the sheriff or
a process server deliver the papers. However, it is
only useful when the Respondent cooperates with
the Petitioner. This sometimes happens when both
parties agree to end the
marriage and want to make
the divorce case go
as quickly
as possible. This
method should not be attempted
if domestic violence or
the personal safety of the Petitioner is a concern.
If the Respondent either accepts or waives service,
the signed form must be filed with the Clerk of
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Superior Court so the record shows that service
actually was made.
Q. What happens after the first papers are served?
After the Respondent is served with the initial
papers in the case, that spouse has the right to reply
to the requests made in the Petition.
Q. How do I reply to a Petition after it is served?
The reply to the Petition is made in a written docu-
ment called the "Response." In the Response, the
Responden
t can agree with the requests that the
Petitioner has made or ask for different orders from
the court.
The Response must be filed with the Clerk of
Superior Court. The Respondent should have an
original Response and at least two copies ready
when filing with the Clerk of Superior Court. The
clerk keeps the original in the court file and stamps
copies as evidence of filing. One copy must be
served by mailing it to the Petitioner. The
Respondent keeps the other copy.
A filing fee of $126 is charged by the clerk. (This
amount is set by state law. There may be local laws
that add amounts to this basic fee. For example, in
Maricopa County an additional $20 is charged.) The
Respondent can ask the court to postpone ("defer")
or
forgive ("waive") payment by filing a written
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application
with the Clerk of the Superior Court.
The court is open Monday through Friday from
8:00 a.m. to 5:00 p.m.
As with all papers filed in court, the form of the
Response must comply with court rules and state
laws governing size, spacing and content. Forms
available in Superior Court Self-Service Centers
have been developed to comply with these require-
ments. Correct forms also are available on the
Internet at this website address:
http://www.supreme.state.az.us/selfserv/forms.htm
Q. Does the Response have to be served like
the Petition?
No. All papers of either spouse must be filed with
the Clerk of Superior Court. Copies of these papers
also must be made available to the other spouse.
But after the Summons and Petition are served on
the Respondent, all other papers may be mailed to
the other spouse or to the other spouse’s attorney, if
that attorney has filed papers in the case. The
Response may be served on the Petitioner by first
class mail.
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Q. How long does the Respondent have to serve
the Response?
There is a time limit for filing the Response. Court
rules provide that the Response must be filed with-
in 20 days of the date that the Summons and
Petition are served on the Respondent, or within 30
days if service is made on the Respondent outside
the state.
Q. What if no Response is filed?
When no Response is filed, the Respondent loses
the chance to be involved in the court case and the
court may end the marriage by a "default divorce."
Q. What is a "default divorce"?
If the Response is not filed within the time allowed
(20 or 30 days depending on where the Summons
and Petition were served), the court may grant the
requests made in the Petition and sign the Divorce
Decree
without an opportunity for the Respondent
to participate.
This is known as getting a divorce
by "default."
Q. How do I get a divorce by default?
There are several steps to get a divorce by default
(but first you must wait until the time for the
Respondent to file a Response has run out):
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1. The Petitioner first must file an application
form with the court and mail a copy of it to
the Respondent. The application form may
be called different things in different counties
(usually either an "Application for Default"
or "Notice of Default"). This form tells the
court that the Summons and Petition were
served on the Respondent and that the
Respondent has not acted in time. When the
form is filed, the clerk notes in the court file
that the Respondent has defaulted. This is
called "entering" the default. Sometimes the
form to be filed combines both parts and is
called an "Application for and Entry of
Default."
Even though the Respondent has failed to file
a Response, a copy of the Petitioner’s applica-
tion for a default must be served on the
Respondent if the address of the Respondent
is known. This may be done by mailing a
copy to the Respondent (first class mail). If
the Petitioner knows the Respondent is repre-
sented by an attorney, a copy must also be
mailed to the attorney.
2. The Respondent then has another ten days to
file a Response.
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3. If the Respondent still does not respond to
the court, the Petitioner must appear before
the court to provide information the court
needs before ending the marriage by default.
The above information assumes that the Respondent
lives in the State of Arizona and was not served by
publication.
Q. Why is the default application mailed to the
Respondent?
Although the Respondent has failed to act in time
and the default has been entered in the court
record, the default does not become effective for 10
days after the application is filed. Within that time,
the Respondent is given another opportunity to file
a Response. If the Respondent acts within this ten-
day period, the case will proceed as if there were no
default.
Q. Is a divorce automatically granted when the ten
days run out?
No. If the Respondent continues to be in default
after the ten-day period has expired, the court may
end the marriage and make other necessary orders
without the Respondent participating. First, the
court must hear evidence from the Petitioner to be
sure there is reason to
dissolve the marriage and to
be sure all issues of property,
children, support and
any other issues are dealt with.
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Q. How does the court hear evidence for a default
divorce?
A court session called a "hearing" is scheduled
before a judge or commissioner of the court at a
particular time at the courthouse for the court to
obtain the necessary information. The Petitioner
must appear before the court to give information or
answer questions. Usually the hearing is brief and
informal. If a person does not have an attorney, the
judge or commissioner asks questions about the
Petitioner’s residence in Arizona, the breakdown of
the marriage, property and financial support issues.
If children are involved, the court will also inquire
about custody, parenting time and child support.
Q.
How soon can the default hearing be scheduled?
By state law (section 25-329, Arizona Revised
Statutes), the court may not hold a default hearing
for at least sixty days after the date that the
Summons and Petition are served on the Respondent
(or the date the Respondent accepts or waives ser-
vice, if that is the way service was made). This is the
earliest time a person may ask the court for a divorce
by default.
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Q.
How do I know when the default hearing will
be held?
The way default hearings are scheduled is not the
same in all counties. For example, in Maricopa
County, the Petitioner must prepare a form called a
"Request for a Default Hearing" and mail it to the
court with a large self-addressed envelope. The
court file is reviewed and if all papers are in order,
the Petitioner will then be mailed a notice that a
default hearing has been scheduled for a certain
date and time. In Pima County, time is set aside
each afternoon for hearing default cases and the
Petitioner may choose the most convenient day.
Check with the Clerk of Superior Court in your
county to learn what to do.
Q. Who prepares the Divorce Decree?
The Petitioner prepares the Decree for signature by
the judge or commissioner. When preparing the
Decree, it is important to repeat as closely as possi-
ble what was requested in the Petition. When a
case ends by default, the court generally cannot
issue orders that differ from what the Petition orig-
inally requested. (For example, if the Petition does
not ask for financial support for a spouse, the
Decree cannot order that the Respondent pay sup-
port.) The Decree should deal with all property,
debt, support and child-related issues. It is likely
that the judge or comissioner will not sign the
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Decree if different or additional things are request-
ed. The Petition, then, must be as specific and com-
plete as possible when it is filed.
Q. What if the Respondent does not default and a
Response is filed?
If the Respondent files a Response with the court
disagreeing with any of the requests made in the
Petition and no agreements are reached, a trial is
scheduled to resolve the disputes between the
spouses. Court rules and procedures determine
when the trial will be held, but a period of
time will
be allowed for the spouses to gather information
about any issues that are disputed. At a trial, each
spouse must present evidence to support claims
made. The court will decide how to divide the
property and debts of the spouses, make any orders
for financial support and make orders regarding
the children, if any.
At any time before the trial is held, the spouses may
reach agreements about the disputed issues and
may avoid a trial by asking the court to grant a
decree ("Consent Decree") based on their agree-
ment.
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A.
The steps and procedures for getting a divorce generally
apply to all cases, including those where the spouses have
minor children together. When children are involved,
however, the court has a special responsibility to decide
matters of legal custody, parenting time and child support.
Even if the marriage ends by default, the court must
inquire about these issues and make orders that are in a
child’s best interests.
Divorce When Children are
Involve
d
Also, when there are minor children, each parent is
required by law to complete an educational class. For
more information, see the note at the end of this section.
Q. What if the children need support while the
court case is still in progress?
Once a divorce case is started, either spouse may ask
the court to issue orders for temporary support of a
child. This "temporary order" lasts until the court
makes a final decision in the Decree that ends the
marriage.
A.
Q. What about custody and parenting time?
When a divorce case is started, the court automati-
cally has authority to decide issues about custody
of any children involved. If there are disputes
between the parents about custody or parenting
time, in most counties the court generally directs
the parents to meet with trained court professionals
and try to come to an agreement through discus-
sions called "mediation." If the parents cannot
agree, the court must decide these issues.
A.
24
In 1996, the Arizona State Legislature established a
Domestic Relations Education on Children’s Issues
Program, now offered in each Arizona county. This pro-
gram sometimes is referred to as the “parent education
program” or “parent information program.” Although
the programs may differ somewhat in each county or even
within counties, each is designed to offer education to
parents about the impact that divorce, the restructuring of
families and judicial involvement have on children. The
Arizona Supreme Court sets minimum standards for
these programs, including presenters’ qualifications.
Parents who have a child in common who is less than
eighteen years old must complete the program when
involved in a court case for divorce or legal separation.
Unmarried parents involved in any court case to establish
paternity or maternity must also complete the program if
the court has been asked to decide custody, parenting
time or child support. Parents of minor children may also
be ordered to attend the program if, after determining
paternity or obtaining a divorce or a legal separation, dis-
putes regarding custody, parenting time or child support
are presented to the court. Parents who fail to attend the
program as ordered may be refused any specific request
for court action, may be held in contempt of court or may
have other penalties imposed. The program lasts up to
four hours and a fee may be charged to each participant.
A Note About Parent Education
25
Acceptance of Service - A form signed by a non-filing
spouse indicating that the spouse agrees to receive the ini-
tial papers in the case without the papers being formally
delivered by a Sheriff or process server.
Affidavit - A written statement made under oath to
show that certain facts are true or that certain events
have happened.
Affidavit of Service
- A paper filed with the court to
show that legal papers in a court case have been delivered
to one of the persons involved in the case.
Application for Default - A form filed with the Clerk of
Superior Court indicating that the Respondent has been
served with the
initial court papers and has not replied in
the time allowed by law.
Conciliation Court -
A branch of the Superior Court to
which a spouse may apply in an effort to preserve a mar-
riage or to receive other services such as mediation.
Conciliation Services - Services of trained professionals
offered by the court to persons in divorce or custody cases
that help resolve disputes or reconcile marital difficulties.
Community Property - A term generally meaning that a
wife and husband share equally anything acquired, pur-
chased
or paid for during the marriage, no matter who uses
the property
or who paid the money or in whose name
title is taken.
Words & Definitions
26
Commissioner - A person authorized to hear and deter-
mine some kinds of court cases. A judge is elected or
appointed by the Governor. A Commissioner is appoint-
ed by the Presiding Superior Court Judge in a particular
county to perform some of the tasks that a judge other-
wise would do.
Consent Decree - An order of the court legally ending a
marriage that is based on an agreement of the spouses
regarding
any issues that originally were disputed.
Covenant Marriage - An optional type of marriage cre-
ated
by the state legislature that requires partners to com-
plete marital
counseling prior to marrying and to sign a
special declaration to obtain a marriage license. In a
covenant marriage, a legal separation or divorce may be
granted only for certain reasons listed in state law.
Decree -
The court order legally ending a marriage, often
containing other orders regarding division of property,
debts, spousal support and, when children are involved,
custody, parenting time and child support.
Default - When a person named in a lawsuit chooses not
to or
neglects to participate by filing necessary court papers
or making
an appearance in court, the court may enter
orders against that person without the person being
involved.
Words & Definitions
27
Deferral - When speaking of court fees, a term meaning
that payment of fees may be postponed.
Dismiss - An action taken by the court that has the effect
of ending a case or a request in a case.
Dissolution of Marriage - The terms used in Arizona
law for “divorce.”
Enter (also Entry) - A term used to indicate that a docu-
ment
is accepted by the Clerk of Superior Court and made
a part of the official court record in a case.
Hearing - The opportunity for persons involved in a legal
case to tell the court their side of the dispute to the court.
Hearings are scheduled by the court for a particular date
and time.
Injunction - An order of the court directing the spouses
not to do certain things like sell property or annoy one
another.
Irretrievably Broken - The standard used by the court to
decide if a dissolution of marriage should be granted. It
means that there is no reasonable chance that the spouses
will agree to stay married.
Judicial Officer - A term referring to either a judge or
commissioner of the court who has the authority to decide
legal issues and issue court orders.
Words & Definitions
28
Mediation - A process by which persons attempt to reach
mutually acceptable agreements, usually with the assis-
tance of a trained professional who guides the discussion
process.
Motion - A written request filed with the court asking a
judge to issue an order or rule on a particular matter.
Petition - The paper filed with the Clerk of Superior
Court to state a case for dissolution of marriage.
Petitioner - The term used to refer to the spouse that files
a request (Petition) with the court for a dissolution of mar-
riage. This can be either the husband or wife.
Process Server - A person authorized to deliver or serve
court papers on one of the parties to the court case.
Proof of Service -
A paper filed with the court to show
that legal papers in a court case have been delivered by a
sheriff or other authorized law enforcement officer to one
of the persons involved in the case.
Respondent - The spouse that did not file the request for
a dissolution of marriage.
Response - The written legal paper filed in court by the
person against whom a case to dissolve a marriage has
been brought and by which the person tells the court
Words & Definitions
29
whether he agrees or disagrees with the claims made by
the person who started the case.
Separate Property - A term referring to any property
owned by a married person before the marriage date that
remains the personal property of that spouse during mar-
riage and does not become community property. In addi-
tion, gifts and inheritance received during the marriage
are the receiving spouse’s separate property, as are any
increases in those items such as interest, profits of sale or
capital gain.
Service - The process by which court papers given to the
Clerk of Superior Court by one spouse are made available
to the other spouse. Particular rules state how service
must be made in different circumstances.
Service of Process -
A phrase referring to the procedure
by which a Summons and the Petition and other papers
originally filed with the Clerk of Superior Court are deliv-
ered to the non-filing party to advise that a case has been
started and a response must be made to avoid further
legal action.
Spousal Maintenance - Also called Spousal Support;
formerly known as "Alimony." Money that the court may
order either a husband or wife to pay to the other during
or after a divorce case. The court must decide whether
financial support is necessary; if so, in what amount and
for how long the support should be paid.
Words & Definitions
30
Summons - A legal paper that is stamped by the Clerk of
Superior Court and which must be delivered in the way
required by court rules on the party who did not file the
request for a dissolution of marriage. The Summons noti-
fies the non-filing spouse that a request for a dissolution
of marriage has been filed and advises that spouse what
action must be taken.
Waiver - When speaking about court fees, a term mean-
ing that payment of fees is excused.
Waiver of Service - A form signed by a non-filing
spouse indicating that the spouse does not wish to for-
mally receive the initial papers in the case by delivery
from a Sheriff or process server.
Words & Definitions
31
Apache County
70 West 3rd South
St. Johns, AZ 85936
(928) 337-7550
Cochise County
County Courthouse
Bisbee, AZ 85603
(520) 432-9364
Coconino County
200 N. San Francisco
Flagstaff, AZ 86001
(928) 779-6535
Gila County
1400 E. Ash
Globe, AZ 85501
(928) 425-3231
Graham County
800 Main St.
Safford, AZ 85546
(928) 428-3100
Greenlee County
County Courthouse
Clifton, AZ 85533
(928) 865-4242
La Paz County
1316 Kofa Ave., Suite 607
Parker, AZ 85344
(928) 669-6131
Maricopa County
201 W. Jefferson
Phoenix, AZ 85003
(602) 506-3676
Mohave County
County Courthouse
Kingman, AZ 86402-7000
(928) 753-0790
Navajo County
County Courthouse
Holbrook, AZ 86025
(928) 524-4188
Pima County
110 W. Congress
Tucson, AZ 85701
(520) 740-3201
Pinal County
County Courthouse
Florence, AZ 85232-2730
(520) 868-6296
Santa Cruz County
Santa Cruz County
Complex
2150 North Congress
Drive
Nogales, AZ 85621
(520) 375-7700
Clerks of the Superior Court
32
Yavapai County
County Courthouse
Prescott, AZ 86301
(928) 771-3312
Yuma County
168 S. 2nd Ave.
Yuma, AZ 85364
(928) 329-2164
Clerks of the Superior Court
33
Presented by the
Arizona Supreme Court
Administrative Office of the Courts
Court Services Division
Court Programs Unit
This publication can be provided in an alternative format or
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Americans with Disabilities Act.
© 2003 Arizona Supreme Court
