DIVORCE (dissolution of marriage)
To file for divorce in Arizona, (the initial filing document is referred to as a "Petition for Dissolution"), the following must be true:
You or your spouse have resided in Arizona for at least 90 days or one of the parties has been stationed in Arizona for 90 days while a member of the armed service;
The marriage is irretrievably broken without a reasonable prospect of reconciliation; and
The conciliation* provisions either do not apply or have been met.
(additional requirements for a covenant marriage apply)
Arizona law dictates that at the time of filing for divorce, the parties must confirm the conciliation provisions of A.R.S. §25-381.09 do not apply or have been met. The conciliation provision states that either party may ask the court to submit their divorce case to conciliation court. The objective of conciliation court is to resolve disputes between the parties and preserve the marriage. Submitting your divorce action to conciliation court places your divorce case on hold for 60 days. If the parties are unable to resolve the matter within the 60 day conciliation period, the divorce action will resume after.
Confirming that ‘the conciliation provisions either do not apply or have been met’ simply means you are not interested in conciliation services or you have tried conciliation services and want to proceed with the divorce action.
Divorce with Minor Children
In a dissolution action where there are minor children common to the parties, the “home state” of the child has exclusive jurisdiction to make custody determinations. A child’s home state is generally the state where the child has resided for at least six months prior to the dissolution action.
The parties are required to complete a Parent Information Program course within 45 days after the spouse has been served with the initial divorce petition (“Petition for Dissolution”).