File for Divorce with Children

Filing Fee

$294.00

Step 1

Download the following forms and fill them out entirely:

Petition for Dissolution with Minor Children (Form must be signed in front of Notary Public)
Sensitive Data Sheet
Family Court Cover Sheet
Preliminary Injunction
Notice of Right to Convert Health Insurance
Affidavit Regarding Minor Children (Form must be signed in front of Notary Public)
Notice Regarding Creditors
Order for Parent Education Class
Parenting Plan
Child Support Worksheet
Summons

Packet including all the listed forms with instructions (PDF).

Step 2

Once the forms are completed you must make 2 Copies of the following documents:

Summons
Preliminary Injunction
Petition for Dissolution with Minor Children (Form must be signed in front of Notary Public)
Notice of Right to Convert Health Insurance
Order for Parent Education Class
Affidavit Regarding Minor Children (Form must be signed in front of Notary Public)
Notice Regarding Creditors
Parenting Plan
Child Support Worksheet

Once the forms are completed and you made your copies, you may either mail or bring in your forms to one of our three Clerk's Office Locations. If you choose to mail your forms, be sure to include 1 Self-Addressed Stamped Envelope so we can mail you your conformed copies.

Step 3

Once you have filed your forms with the court and have received your conformed copies back from the Clerk's office, you will need to serve your spouse with their conformed copies of the above paperwork in Step 2. (If the party lives outside the United States, you should see a lawyer to find out which method of service will work best for you)

The following are options on how you can serve the other party with their conformed copies.

Service by Acceptance (PDF)
Service by Certified Mail (PDF)
Service by Registered Process Server
Service by Sheriff (PDF)
Service by Publication (PDF) (This may only be used if the methods of service above were not successful and you receive permission from the Judge)

Packet including all the listed forms with instructions (PDF)

If you chose "Service by Acceptance," you must file an "Acceptance of Service" form that has been signed by the other party in front of a notary showing they have received the court documents.

If you chose "Certified Mail," you must file an "Affidavit of Service by Certified Mail" form that has been signed by YOU, the petitioner in front of a notary public that has the SIGNED original mail receipt (signed by the other party) attached to the form.

If you chose "Service by Registered Process Server," once the Process Server serves the other party they may either mail you a copy of the "Affidavit of Service" form which you will then have to file with the Clerk's office OR the Process Server may file the paperwork with the Clerk's office themselves. Be sure to be in contact with the Process Server and Clerk's office to make sure all appropriate documents have been filed.

If you chose "Service by Sheriff," once the Sheriff's Office serves the other party they may either mail you a copy of the "Affidavit of Service" form which you will then have to file with the Clerk's office OR the Sheriff may file the paperwork with the Clerk's office themselves. Be sure to be in contact with the Sheriff's office and Clerk's office to make sure all appropriate documents have been filed.

If you chose "Service by Publication," you must first receive permission from the Judge in order to proceed with this option of Service. There are multiple forms that need to be filed with the Clerk's office.

Declaration of Due Diligence and Request for Alternate means of Service (this form asks the court if you can serve your documents by Publication)
Order for Alternate Means of Service (this form is signed by the Judge granting you permission to serve by Publication)
Affidavit Supporting Publication (this form must be signed and notarized)
Affidavit of Publication (newspaper provides this form and will submit to the court. Be sure to be in contact with the newspaper and court to make sure all appropriate documents have been filed)

Step 4

Once you have served the court documents on the other party and filed the appropriate proof of service with the Clerk's office, you now have to give them time to review the documents before moving on to the next step.

Time Frame for Waiting

Service by Acceptance - 20 Days if located in Arizona, 30 Days if located out of State
Service by Certified Mail - 20 Days if located in Arizona, 30 Days if located out of State
Service by Registered Process Server - 20 Days if located in Arizona, 30 Days if located out of State
Service by Sheriff - 20 Days if located in Arizona, 30 Days if located out of State
Service by Publication - 60 Days from first day of publication if located in or out of Arizona

Step 5

There are 4 scenarios that can come from serving your court documents on the other party.

Scenario 1

If You (the Petitioner) and the Other Party (the Respondent) both agree on everything, you may be able to submit a Consent Decree. The Consent Decree must be signed by both parties in front of a Notary.

Scenario 2

If the Other Party (the Respondent) does not file a response with the court within the allotted time frame, you may request a Default Hearing.

Scenario 3

If the Other Party (the Respondent) files a response with the court, your case will be scheduled for an Early Resolution Conference. You will be contacted by the Conciliation Court with your hearing date. If you do not hear from the Conciliation Court within a few weeks of a response being filed, please contact them at: 520.866.5760 If you miss your hearing date you will be charged $166 for not showing.

Scenario 4

If both you (the Petitioner) and the Other Party (the Respondent) do not take any type of action within 120 days of filing the Petition; your case could be dismissed due to inactivity.