Things You Should Know About

Divorce in Arizona

This booklet is designed to give you generalinformation about getting a divorce in

Arizona and to let you know what steps areinvolved in taking a case to court.

Contained in this Booklet

Questions & Answers

Words & Definitions

Locations for Obtaining FormsPage 26

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Divorce in ArizonaDivorce is a court process to legally end a marriage. InArizona divorce is called "dissolution of marriage" andcourt papers use the term dissolution of marriage insteadof divorce. In addition to ending the marriage, the courtalso has the authority to divide certain property and debtsof the spouses and in some cases to order one spouse topay support (alimony) to the other. If children areinvolved, the court also can decide custody, parentingtime (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 divorceas possible. Court services are available in several coun-ties to assist in reaching agreements about such matters asparenting time and custody of children. Because agree-ments between spouses leave fewer issues for the court todecide, the result often is more satisfying to the peopleinvolved and may speed the process of concluding thecourt case.

Questions & AnswersNOTE: This booklet is intended to provide generalinformation about divorce. It is not a complete norauthoritative review of this subject and reflects thelaws of the state of Arizona only as of the date of its publication. The booklet is not intended to be aguide to obtaining a divorce. Divorce often involvesimportant issues about the legal rights of the spous-es and of any children involved. Questions aboutspecific situations should be discussed with anattorney.

If you have children and issues of child custody or parenting time are involved, other information isprovided in the separate, blue-and-beige-coloredbooklet in this series titled "Things you ShouldKnow About Custody and Parenting Time." Whenseeking a divorce and a party has requested that theSuperior Court determine custody, specific parent-ing time or child support, parents of minor children are required by state law (section 25-351 etseq. Arizona Revised Statutes) to attend an educa-tion class. Details are provided in the green-and-beige-colored booklet in this series titled "ThingsYou 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 themarriage, a divorce may also deal with howproperty and debts of the spouses are dividedbetween them and whether one spouse shouldpay support (alimony) to the other. If childrenare 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 divorceand the Decree is signed by the judge. TheDecree may also contain other orders decidinghow the spouses’ property and debts will bedivided 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 childsupport.

Q. Where do I get a divorce? In Arizona, only the Superior Court can granta divorce. To get a divorce, one spouse muststart a court case in the Superior Court.Although the Superior Court has a facility ineach Arizona county, a court case to end amarriage 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 fora divorce. A divorce is not awarded to eitherspouse; rather, it simply changes the status ofthe 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 atleast 90 days or have been a member of thearmed forces stationed in Arizona for at least90 days. Unless Arizona was the last statewhere you lived together with your spouse,issues regarding custody of children mayrequire a longer residence time in order todeal with those issues.

Q. What "reasons" do I need to start a divorcecase?

Unlike some other states, for most marriagesArizona does not require that one of thespouses prove blame or responsibility in orderto end the marriage. Under Arizona law, theonly question for the court is whether the mar-riage is "irretrievably broken," meaning thatthere is no reasonable chance that the spouseswant to keep the marriage together. If you have a covenant marriage (defined onpage 27), however, under state law the courtcannot grant a divorce unless certain things

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such as adultery, abandonment, physicalabuse or regular substance abuse are provenor unless both spouses agree that the marriageshould end. (The reasons for ending acovenant marriage are listed in section 25-903,Arizona Revised Statutes.)

Q. Can the court help with marriage problemsbefore getting a divorce?

Yes. Because ending a marriage is a serious stepwith many legal and personal results, the SuperiorCourt in many counties has trained family coun-selors and mediators available to assist couples indiscussing marital problems and disputes involvingchildren, without involving attorneys and judges.These Conciliation Services can be requested beforesomeone files a divorce case or even after the case isstarted. Contact the Superior Court in your countyfor 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 andfiled on time. The judges, clerks and staff of thecourt are not permitted to give you legal advice.Divorce cases often involve important issues aboutproperty and debt division, financial support and ifchildren are involved, child custody and parentingtime. If you have legal questions about your legalrights, 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 RevisedStatutes), a divorce cannot be granted by the courtuntil at least 60 days after the first court papers aredelivered to the other spouse. If the spouses are inagreement about getting a divorce and other issues(such as how to divide property and debts), thedivorce 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 willdepend on how complicated the issues are and onthe court’s schedule.

Q. Can a woman go back to using her maidenname after the divorce? Yes. State law (section 25-325, Arizona RevisedStatutes) allows a woman to return to ("restore") theuse of her former name at the time the marriage isended. A request must be made to the court at anytime before the divorce Decree is signed by thejudge. Usually, the request is included in the firstpapers filed in the divorce case.

Q. What if I change my mind after starting adivorce case?

If you and your spouse decide to stay married, thedivorce 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 thespouses during the marriage. Generally, the lawpresumes that any property purchased or obtainedby either spouse during the marriage is communityproperty. Community property is not just land orbuildings. It includes all kinds of property, such asmoney (all forms–cash, bank accounts, investmentaccounts), jewelry, home furnishings, automobiles,boats, stock options and the wages or earnings ofeither spouse during the marriage. Even retirementplans and pensions can be part of the communityproperty estate.

Q. Is everything the spouses own community property?

Not necessarily. State law provides that property(of all types) owned by a person before marriagecan remain the "separate property" of that spouse.Also items that a spouse receives by gift or inheri-tance during the marriage (and any increase inthose items, such as through growth in value, inter-est earned or profits) are also the separate propertyof the spouse.

Q. Why is it important to know the differencebetween community property and separateproperty?

It is important to know what community propertythe spouses have because in a dissolution case the

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court is required by law to divide the communityproperty in a fair (not necessarily equal) way. Youmust be able to show the court adequate proof ofwhat you are claiming as your separate property, asthe court must decide which property is separateproperty belonging to each spouse. If a retirementplan is involved, the court may have to sign a spe-cial order (a "Qualified Domestic Relations Order")so the company that keeps the retirement accountcan 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 issuesas possible. One way to do this is by a writtenagreement (called a "separation agreement") indi-cating how matters should be handled if the mar-riage ends. The separation agreement is a contractlisting and describing the spouses’ decisions aboutownership of real estate, dividing property, finan-cial support and, if children are involved, evenissues of custody and parenting time. In a divorcecase, the court must accept the separation agree-ment (except for matters about custody, parentingtime 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 casein the Superior Court. There are particular steps that

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must be followed. These steps are controlled both bystate law and rules and sometimes also by local rulesand procedures. Before starting the case, check therules and procedures for your county.

To begin the court case, one of the spouses must filewith the Clerk of Superior Court a written requestcalled a "Petition." A filing fee of $171.00 must bepaid to the Clerk of Superior Court at the time of fil-ing. This amount is set by state law. There may belocal laws that add amounts to this basic fee. (Forexample, in Maricopa County an additional $20 ischarged.) If unable to pay, the Petitioner can askthe court to postpone ("defer") or forgive ("waive")payment by filing a written application with theClerk of Superior Court. The court is open Mondaythrough 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 tolegally end the marriage and to issue other orders necessary to deal with the spouses’ property anddebts as well as financial support. If children areinvolved, the Petition also should include specificrequests for custody, parenting time and child sup-port. The Petition is an important legal documentbecause generally the court cannot give a spouseanything that is not requested and included in thePetition.

As with all papers filed in court, the form of thePetition must comply with court rules and state

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laws governing size, spacing and content. Formsavailable in Self-Service Centers for the SuperiorCourt have been developed to comply with theserequirements. Correct forms also are available onthe 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 referredto by words that describe their role in the case. In adivorce case, the person who starts the court caseby filing the Petition is called the "Petitioner." Theother spouse is called the "Respondent" becausethat spouse can file a paper answering the Petitionthat is called a "Response."

Q. What other papers do I need when I start thedivorce case?

With the Petition, the Petitioner must also fill outand have available for the Clerk of Superior Courtat the time of filing four other documents:

1. Summons. The Summons is a legal paper thattells the non-filing spouse (the Respondent) adivorce case has been filed and some actionmust be taken if the Respondent wants to beheard 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 courtorder that automatically takes effect whenthe divorce case is started and prohibits bothspouses from doing certain things involvingmoney, property, children and insuranceuntil the court can decide any issues involvedor the parties reach a written agreement.

4. Creditor Notice. Under state law, when adivorce is started, each spouse must receive anotice advising about rights and responsibili-ties regarding debts acquired during themarriage.

Three copies of these forms should be brought tothe Clerk of Superior Court’s office when the case isstarted. The Clerk of Superior Court keeps the orig-inal papers and the copies are stamped, one set tobe kept by the Petitioner and one set to be given tothe Respondent. Most counties also require that thePetitioner complete a Civil Cover Sheet. This is astandardized form containing information aboutthe parties that will assist in processing the case. Ifminor children are involved, the Petitioner alsomay have to complete a form sometimes called anAffidavit Regarding Minor Children.

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Q. Why is the Summons important?The Summons is the official court paper that tellsthe other spouse that a divorce case has been start-ed and that some action must be taken if the otherspouse wants to be heard by the court. It also tellsthe spouse that there is a time limit in which to act.The Summons must be signed and stamped by theClerk of Superior Court to be official. The divorcecase cannot go forward until the Summons (with thePetition and other papers) is delivered to the spousein the proper way.

Q. What is the Preliminary Injunction about?

The Preliminary Injunction prevents ("enjoins")each spouse from doing certain things that mightdamage the person, property or legal rights of theother spouse. The purpose of the PreliminaryInjunction is to keep each spouse from making deci-sions or taking actions about money and propertybelonging to both spouses and about the legalinterests of any minor children until written agree-ment is reached by the parties or the court has hadthe opportunity to make fair decisions about thesematters. As much as possible, it keeps everything asit was during the marriage while the divorce case isbefore the court.

The Preliminary Injunction is an official court orderthat is effective until the divorce case has ended.Basically, the Preliminary Injunction does thesethings:

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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 abusiness.

2. Prohibits family violence.

3. Orders both spouses not to remove any chil-dren living in Arizona from the state withoutthe written agreement of both spouses or thecourt’s permission.

4. Requires that all types of insurance coveragefor the spouses and any children remaineffective and that no one be removed.

A spouse who disobeys the Preliminary Injunctionmay be arrested and prosecuted for the crime ofinterfering with judicial proceedings; that spousemay also be held in contempt of court (punished byfine or jail for violation of a court order).

Q. What do I do after the Petition is filed? Under the United States’ system of constitutionallaw, the court cannot act in a case unless all inter-ested persons are notified and have a chance to beheard. In a divorce case, this means that the papersinitially filed by the Petitioner must be made avail-able to the other spouse, who then can reply to thecourt.

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Q. What is meant by "service" of papers?Giving notice to the other spouse that a divorce casehas been started is called "service" and is done by giving ("serving") copies of the Summons, Petition and other papers which the Petitioner filed to theother spouse.

Q. How do I have the Summons and Petitionserved?

Legal papers must be served by certain people in a particular way according to court rules (Rules 4.1and 4.2 of the Arizona Rules of Civil Procedure).Different rules apply in different circumstances.Service on a person living in Arizona generally isbest made by delivering copies of the papers direct-ly to the spouse or by leaving copies with a personof 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 legalpapers. If service is made in the State of Arizona,the papers must be delivered by a deputy Sheriff ora person (called a "process server") who is speciallyregistered with the court to serve legal documents.The Sheriff and the process server charge a fee forperforming this task (these fees vary from county tocounty and the Sheriff and the process server donot necessarily charge the same price). A personmay apply to the court for deferral or waiver of thefee charged by the Sheriff, but not by a processserver.

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Q. What if I do not know where the Respondentlives?

If you do not know where the Respondent lives butthe last known residence was in Arizona, servicemay be made by publishing a copy of the Summonsin a newspaper for four consecutive weeks. ConsultRule 4.1 of the Arizona Rules of Civil Procedure forthe correct process. NOTE: When service is madeby publication, the court is limited in its authorityto make orders in the case. For example, the courtcould not order that the Respondent pay financialsupport 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 otherrequired papers must be served within 120 days offiling the Petition. (The court can allow more time ifa 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 hasbeen served?

After the Summons and Petition are served on theRespondent, a written statement (called an"Affidavit of Service" or a "Proof of Service") mustbe filed with the Clerk of Superior Court. A Sheriffor process server usually files the written statementon behalf of the Petitioner when service is made in

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the state. If service by publication is used, a writtenstatement sworn under oath ( an "affidavit") mustbe filed with the court along with a copy of thenotice published in the newspaper.

Q. Can the Respondent simply agree to receive theSummons and Petition?

Yes. The Respondent may sign a paper("Acceptance of Service of Process") agreeing toaccept service of copies of the Summons, Petitionand other required papers rather than have aSheriff or process server deliver them. TheRespondent also may sign a paper ("Waiver ofService of Process") agreeing not to receive theSummons 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 todo. It means only that the Respondent admitsreceiving the Summons and Petition or does notwant to have them formally served.

This way of serving papers is allowed by courtrules and eliminates the cost of having the sheriff ora process server deliver the papers. However, it isonly useful when the Respondent cooperates withthe Petitioner. This sometimes happens when bothparties agree to end the marriage and want to makethe divorce case go as quickly as possible. Thismethod should not be attempted if domestic violence orthe 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 serviceactually was made.

Q. What happens after the first papers are served?After the Respondent is served with the initialpapers in the case, that spouse has the right to replyto 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, theRespondent can agree with the requests that thePetitioner has made or ask for different orders fromthe court.

The Response must be filed with the Clerk ofSuperior Court. The Respondent should have anoriginal Response and at least two copies readywhen filing with the Clerk of Superior Court. Theclerk keeps the original in the court file and stampscopies as evidence of filing. One copy must beserved by mailing it to the Petitioner. TheRespondent keeps the other copy.

A filing fee of $126 is charged by the clerk. (Thisamount is set by state law. There may be local lawsthat add amounts to this basic fee. For example, inMaricopa County an additional $20 is charged.) TheRespondent 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 from8:00 a.m. to 5:00 p.m.

As with all papers filed in court, the form of theResponse must comply with court rules and statelaws governing size, spacing and content. Formsavailable in Superior Court Self-Service Centershave been developed to comply with these require-ments. Correct forms also are available on theInternet 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 withthe Clerk of Superior Court. Copies of these papersalso must be made available to the other spouse.But after the Summons and Petition are served onthe Respondent, all other papers may be mailed tothe other spouse or to the other spouse’s attorney, ifthat attorney has filed papers in the case. TheResponse may be served on the Petitioner by firstclass mail.

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Q. How long does the Respondent have to servethe Response?

There is a time limit for filing the Response. Courtrules provide that the Response must be filed with-in 20 days of the date that the Summons andPetition are served on the Respondent, or within 30days if service is made on the Respondent outsidethe state.

Q. What if no Response is filed?When no Response is filed, the Respondent losesthe chance to be involved in the court case and thecourt 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 Summonsand Petition were served), the court may grant the requests made in the Petition and sign the DivorceDecree without an opportunity for the Respondentto 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 theRespondent to file a Response has run out):

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1. The Petitioner first must file an applicationform with the court and mail a copy of it tothe Respondent. The application form maybe called different things in different counties(usually either an "Application for Default"or "Notice of Default"). This form tells thecourt that the Summons and Petition wereserved on the Respondent and that theRespondent has not acted in time. When theform is filed, the clerk notes in the court filethat the Respondent has defaulted. This iscalled "entering" the default. Sometimes theform to be filed combines both parts and iscalled an "Application for and Entry ofDefault."

Even though the Respondent has failed to filea Response, a copy of the Petitioner’s applica-tion for a default must be served on theRespondent if the address of the Respondentis known. This may be done by mailing acopy to the Respondent (first class mail). Ifthe Petitioner knows the Respondent is repre-sented by an attorney, a copy must also bemailed to the attorney.

2. The Respondent then has another ten days tofile a Response.

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3. If the Respondent still does not respond tothe court, the Petitioner must appear beforethe court to provide information the courtneeds before ending the marriage by default.

The above information assumes that the Respondentlives in the State of Arizona and was not served bypublication.

Q. Why is the default application mailed to theRespondent?

Although the Respondent has failed to act in timeand the default has been entered in the courtrecord, the default does not become effective for 10days after the application is filed. Within that time,the Respondent is given another opportunity to filea Response. If the Respondent acts within this ten-day period, the case will proceed as if there were nodefault.

Q. Is a divorce automatically granted when the tendays run out?

No. If the Respondent continues to be in defaultafter the ten-day period has expired, the court mayend the marriage and make other necessary orderswithout the Respondent participating. First, thecourt must hear evidence from the Petitioner to besure there is reason to dissolve the marriage and tobe sure all issues of property, children, support andany other issues are dealt with.

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Q. How does the court hear evidence for a defaultdivorce?

A court session called a "hearing" is scheduledbefore a judge or commissioner of the court at aparticular time at the courthouse for the court toobtain the necessary information. The Petitionermust appear before the court to give information oranswer questions. Usually the hearing is brief andinformal. If a person does not have an attorney, thejudge or commissioner asks questions about thePetitioner’s residence in Arizona, the breakdown ofthe marriage, property and financial support issues.If children are involved, the court will also inquireabout custody, parenting time and child support.

Q. How soon can the default hearing be scheduled?

By state law (section 25-329, Arizona RevisedStatutes), the court may not hold a default hearingfor at least sixty days after the date that theSummons 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 theearliest time a person may ask the court for a divorceby default.

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Q. How do I know when the default hearing willbe held?

The way default hearings are scheduled is not thesame in all counties. For example, in MaricopaCounty, the Petitioner must prepare a form called a"Request for a Default Hearing" and mail it to thecourt with a large self-addressed envelope. Thecourt file is reviewed and if all papers are in order,the Petitioner will then be mailed a notice that adefault hearing has been scheduled for a certaindate and time. In Pima County, time is set asideeach afternoon for hearing default cases and thePetitioner may choose the most convenient day.Check with the Clerk of Superior Court in yourcounty to learn what to do.

Q. Who prepares the Divorce Decree?The Petitioner prepares the Decree for signature bythe judge or commissioner. When preparing theDecree, it is important to repeat as closely as possi-ble what was requested in the Petition. When acase ends by default, the court generally cannotissue orders that differ from what the Petition orig-inally requested. (For example, if the Petition doesnot ask for financial support for a spouse, theDecree cannot order that the Respondent pay sup-port.) The Decree should deal with all property,debt, support and child-related issues. It is likelythat 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 aResponse is filed?If the Respondent files a Response with the courtdisagreeing with any of the requests made in thePetition and no agreements are reached, a trial isscheduled to resolve the disputes between thespouses. Court rules and procedures determinewhen the trial will be held, but a period of time willbe allowed for the spouses to gather informationabout any issues that are disputed. At a trial, eachspouse must present evidence to support claimsmade. The court will decide how to divide theproperty and debts of the spouses, make any ordersfor financial support and make orders regardingthe children, if any.

At any time before the trial is held, the spouses mayreach agreements about the disputed issues andmay avoid a trial by asking the court to grant adecree ("Consent Decree") based on their agree-ment.

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The steps and procedures for getting a divorce generallyapply to all cases, including those where the spouses haveminor children together. When children are involved,however, the court has a special responsibility to decidematters of legal custody, parenting time and child support.Even if the marriage ends by default, the court mustinquire about these issues and make orders that are in achild’s best interests.

Divorce When Children areInvolved

Also, when there are minor children, each parent isrequired by law to complete an educational class. Formore information, see the note at the end of this section.

Q. What if the children need support while thecourt case is still in progress?

Once a divorce case is started, either spouse may askthe court to issue orders for temporary support of achild. This "temporary order" lasts until the courtmakes a final decision in the Decree that ends themarriage.

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Q. What about custody and parenting time?When a divorce case is started, the court automati-cally has authority to decide issues about custodyof any children involved. If there are disputesbetween the parents about custody or parentingtime, in most counties the court generally directsthe parents to meet with trained court professionalsand try to come to an agreement through discus-sions called "mediation." If the parents cannotagree, the court must decide these issues.

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In 1996, the Arizona State Legislature established aDomestic Relations Education on Children’s IssuesProgram, now offered in each Arizona county. This pro-gram sometimes is referred to as the “parent educationprogram” or “parent information program.” Althoughthe programs may differ somewhat in each county or evenwithin counties, each is designed to offer education toparents about the impact that divorce, the restructuring offamilies and judicial involvement have on children. TheArizona Supreme Court sets minimum standards forthese programs, including presenters’ qualifications.

Parents who have a child in common who is less thaneighteen years old must complete the program wheninvolved in a court case for divorce or legal separation.Unmarried parents involved in any court case to establishpaternity or maternity must also complete the program ifthe court has been asked to decide custody, parentingtime or child support. Parents of minor children may alsobe ordered to attend the program if, after determiningpaternity or obtaining a divorce or a legal separation, dis-putes regarding custody, parenting time or child supportare presented to the court. Parents who fail to attend theprogram as ordered may be refused any specific requestfor court action, may be held in contempt of court or mayhave other penalties imposed. The program lasts up tofour hours and a fee may be charged to each participant.

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Acceptance of Service - A form signed by a non-filingspouse indicating that the spouse agrees to receive the ini-tial papers in the case without the papers being formallydelivered by a Sheriff or process server.

Affidavit - A written statement made under oath toshow that certain facts are true or that certain eventshave happened.

Affidavit of Service - A paper filed with the court toshow that legal papers in a court case have been deliveredto one of the persons involved in the case.

Application for Default - A form filed with the Clerk ofSuperior Court indicating that the Respondent has beenserved with the initial court papers and has not replied inthe time allowed by law.

Conciliation Court - A branch of the Superior Court towhich 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 professionalsoffered by the court to persons in divorce or custody casesthat help resolve disputes or reconcile marital difficulties.

Community Property - A term generally meaning that awife and husband share equally anything acquired, pur-chased or paid for during the marriage, no matter who usesthe property or who paid the money or in whose nametitle is taken.

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Commissioner - A person authorized to hear and deter-mine some kinds of court cases. A judge is elected orappointed by the Governor. A Commissioner is appoint-ed by the Presiding Superior Court Judge in a particularcounty 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 spousesregarding 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 aspecial declaration to obtain a marriage license. In acovenant marriage, a legal separation or divorce may begranted 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 notto or neglects to participate by filing necessary court papersor making an appearance in court, the court may enterorders against that person without the person beinginvolved.

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Deferral - When speaking of court fees, a term meaningthat payment of fees may be postponed.

Dismiss - An action taken by the court that has the effectof ending a case or a request in a case.

Dissolution of Marriage - The terms used in Arizonalaw for “divorce.”

Enter (also Entry) - A term used to indicate that a docu-ment is accepted by the Clerk of Superior Court and madea part of the official court record in a case.

Hearing - The opportunity for persons involved in a legalcase to tell the court their side of the dispute to the court.Hearings are scheduled by the court for a particular dateand time.

Injunction - An order of the court directing the spousesnot to do certain things like sell property or annoy oneanother.

Irretrievably Broken - The standard used by the court todecide if a dissolution of marriage should be granted. Itmeans that there is no reasonable chance that the spouseswill agree to stay married.

Judicial Officer - A term referring to either a judge or commissioner of the court who has the authority to decidelegal issues and issue court orders.

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Mediation - A process by which persons attempt to reachmutually acceptable agreements, usually with the assis-tance of a trained professional who guides the discussionprocess.

Motion - A written request filed with the court asking ajudge to issue an order or rule on a particular matter.

Petition - The paper filed with the Clerk of SuperiorCourt to state a case for dissolution of marriage.

Petitioner - The term used to refer to the spouse that filesa 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 servecourt papers on one of the parties to the court case.

Proof of Service - A paper filed with the court to showthat legal papers in a court case have been delivered by a sheriff or other authorized law enforcement officer to oneof the persons involved in the case.

Respondent - The spouse that did not file the request fora dissolution of marriage.

Response - The written legal paper filed in court by the person against whom a case to dissolve a marriage hasbeen brought and by which the person tells the court

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whether he agrees or disagrees with the claims made bythe person who started the case.

Separate Property - A term referring to any propertyowned by a married person before the marriage date thatremains the personal property of that spouse during mar-riage and does not become community property. In addi-tion, gifts and inheritance received during the marriageare the receiving spouse’s separate property, as are anyincreases in those items such as interest, profits of sale orcapital gain.

Service - The process by which court papers given to theClerk of Superior Court by one spouse are made availableto the other spouse. Particular rules state how servicemust be made in different circumstances.

Service of Process - A phrase referring to the procedureby 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 beenstarted and a response must be made to avoid furtherlegal action.

Spousal Maintenance - Also called Spousal Support; formerly known as "Alimony." Money that the court mayorder either a husband or wife to pay to the other duringor after a divorce case. The court must decide whetherfinancial support is necessary; if so, in what amount andfor how long the support should be paid.

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Summons - A legal paper that is stamped by the Clerk ofSuperior Court and which must be delivered in the wayrequired by court rules on the party who did not file therequest for a dissolution of marriage. The Summons noti-fies the non-filing spouse that a request for a dissolutionof marriage has been filed and advises that spouse whataction 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-filingspouse indicating that the spouse does not wish to for-mally receive the initial papers in the case by deliveryfrom a Sheriff or process server.

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Apache County70 West 3rd SouthSt. Johns, AZ 85936(928) 337-7550

Cochise CountyCounty CourthouseBisbee, AZ 85603(520) 432-9364

Coconino County200 N. San FranciscoFlagstaff, AZ 86001(928) 779-6535

Gila County1400 E. AshGlobe, AZ 85501(928) 425-3231

Graham County800 Main St.Safford, AZ 85546(928) 428-3100

Greenlee CountyCounty CourthouseClifton, AZ 85533(928) 865-4242

La Paz County1316 Kofa Ave., Suite 607Parker, AZ 85344(928) 669-6131

Maricopa County201 W. JeffersonPhoenix, AZ 85003(602) 506-3676

Mohave CountyCounty CourthouseKingman, AZ 86402-7000(928) 753-0790

Navajo CountyCounty CourthouseHolbrook, AZ 86025(928) 524-4188

Pima County110 W. CongressTucson, AZ 85701(520) 740-3201

Pinal CountyCounty CourthouseFlorence, AZ 85232-2730(520) 868-6296

Santa Cruz CountySanta Cruz CountyComplex2150 North CongressDriveNogales, AZ 85621(520) 375-7700

Clerks of the Superior Court

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Yavapai CountyCounty CourthousePrescott, AZ 86301(928) 771-3312

Yuma County168 S. 2nd Ave.Yuma, AZ 85364(928) 329-2164

Clerks of the Superior Court

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Presented by theArizona Supreme Court

Administrative Office of the CourtsCourt Services Division

Court Programs Unit

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© 2003 Arizona Supreme Court