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Family Law

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1. We don’t want to be married anymore. If our marriage license was never recorded do we still have to file for a divorce? Who would know we are married if there is no record?

Based on the complexity of this situation, the parties must consult an attorney. Ultimately, the court decides the existence of the marriage, and divorce is based on facts and law.

2. How do I file a divorce without an attorney?

The statutes pertaining to dissolution of marriage are found in Arizona Revised Statutes, Section 25. The Arizona Rules of Family Law Procedure list additional procedures and requirements. A party must file a written “Petition for Dissolution of Marriage” and all the required supporting documents at the clerk’s office and pay a filing fee. Pinal County Superior Court currently provides self-help forms available on our website. Self-help forms are for parties filing without an attorney. You may purchase the packets at $0.50 per page in any one of our office locations. Click here for Pinal County office locations. You may also print Forms/Packets at no charge from our website. 

A divorce is often complicated, and parties are encouraged to seek advice and assistance from an attorney.

Petition for Dissolution of Marriage (Divorce) without Children (PDF)

Petition for Dissolution of Marriage (Divorce) with Children (PDF)

3. How much does it cost to file for a divorce?

View a listing of court fees.

4. Do both parties have to sign the divorce papers?

No, only the Petitioner will need to sign the initial filing papers. The Respondent can sign the Acceptance of Service after the divorce has been filed with the Clerk of Superior Court. If the Respondent refuses to sign the Acceptance of Service, you will need to hire a Process Server or the Sheriff’s Office to serve the papers. Service can also be done by certified mail. The respondent has to be the one to sign for it. Appropriate service affidavits will then need to be filed with the Clerk of the Court.

Petition for Dissolution of Marriage (Divorce) without Children (PDF)

Petition for Dissolution of Marriage (Divorce) with Children (PDF)

5. What are the steps involved in filing a divorce?

The party who is filing the divorce will need to fill out a Family Court Sensitive Data Form, Cover Sheet, Petition for Dissolution of Marriage, Summons, Preliminary Injunction, Notice Regarding Health Insurance, Credit Notice and if applicable the Affidavit Regarding Minor Children, Parenting Plan, Parents Worksheet for Child Support and Order and Notice to Attend a Parenting Class. Note: Some of these documents will need to be notarized; documents can be notarized at any of our office locations or at your closest bank. Please have documents notarized prior to making any copies of your documents. There is a fee to file a petition for dissolution of marriage. Click here to access our fee schedule.

The petitioning party will need to bring the original packet of forms plus two sets of completed, signed/dated and/or notarized copies of the forms. Do not make copies of any instructions.

The clerk at the counter will assign you a case number, collect the appropriate filing fees and file in the original documents that are necessary to start the divorce. The Clerk of the Court will keep the original documents and will stamp the two sets of copies, one for you to retain for your records and one for service on the other party.

Once the initial papers have been processed, the petitioning party will need to have the respondent served with one set of the copies. If the respondent is in agreement, he/she can sign the Acceptance of Service form contained in the packet either the same day of filing the divorce papers or anytime after the divorce proceedings has begun. If the responding party is not in agreement, the petitioner will need to make arrangements with a Process Server or the Sheriff's Office to have the papers served. Service within the State of Arizona can now be done by certified mail. The respondent has to be the one to sign for it. Appropriate service affidavits will then need to be filed with the Clerk of the Court.

If the party wishes to file their own divorce, they can purchase forms at $0.50 per page at any of our office locations. Click here for office locations. Parties may also download the following forms for free.

Petition for Dissolution of Marriage (Divorce) without Children (PDF)

Petition for Dissolution of Marriage (Divorce) with Children (PDF)

6. How do I file for legal separation?

Legal separation is filed in the same manner as a petition for dissolution of marriage. Arizona Revised Statutes and the Arizona Rules of Family Law Procedure list additional procedures and requirements. There is a fee to file for legal separation.  Access our fee schedule.  Access the following forms and information on filing a legal separation:

Legal Separation with Children Packet 

Legal Separation without Children Packet 

7. How do I file for an annulment?

An annulment is filed in the same manner as a petition for dissolution of marriage. Arizona Revised Statutes and the Arizona Rules of Family Law Procedure list additional procedures and requirements. There is a fee to file for annulment. Click here to access our fee schedule. Pinal County Superior Court does not carry forms for annulment; however, a party can prepare one’s own forms, or the party may seek the help of an attorney.

8. What do I do when I don't know where the other person is to serve him/her?

Service by publication may be available. Arizona Revised Statutes and court rules explain how to proceed if the other party is refusing or avoiding service, or if the other party is no longer at the last known address. The Service Members’ Civil Relief Act is a federal statute that explains the requirements for serving a party who is in the military. For any further information you may need to contact an attorney.

9. I just got served with divorce papers. What do I do?

The summons that was served explains that a party wanting to contest the divorce or lawsuit must file a written Response/Answer within the proper time limits. Read the summons carefully, your time limits are listed on the summons. The Response/Answer must be submitted in proper form. Court customers may utilize the packet provided by Pinal County Superior Court or the party may seek the help of an attorney. There is a fee to file a Response/Answer to divorce. Click here to access our fee schedule. Access the following forms and information to file a Response/Answer to divorce.

Response to Petition of Dissolution with Children Packet (PDF)

Response to Petition of Dissolution without Children Packet (PDF)

10. I was served with divorce papers on June 3. Exactly how many days do I have to respond?

Court personnel cannot confirm the exact day, since they do not personally know the circumstances of how and when a party was served. Specific rules and timeframes for service apply; for instance, whether the party is served in-state (usually 20 calendar days) or out-of-state (usually 30 calendar days), or if the party is in the military. Arizona Rules of Family Law Procedure list additional procedures and requirements, as does the Service Members’ Civil Relief Act.

11. I got a notice stating that my case has been placed on the inactive calendar. What am I supposed to do now?

Inactive notices may be sent when there has been no action taken on a case or if there has been no service on a case. The notice explains options available to the parties, who must choose the option that best fits the situation. Parties who are not sure what to do may want to consult an attorney.

12. I have just moved, how can I update my address with the Court?

All parties involved in court cases should update their address immediately. The Superior Court currently has a Change of Address form (PDF) available. You may print and complete the form then submit to the clerk for filing. 

13. How soon after my divorce is final can I get married again?

There is no waiting period in Arizona.

14. My ex is not complying with the decree. How do I make my ex comply?

To enforce the order, a party may file a Petition for Enforcement, or the party may initiate a contempt proceeding with an Order to Show Cause/Order to Appear, depending on the situation. Rules 91 and 92 of the Arizona Rules of Family Law Procedure list additional procedures and requirements. The party may review and access our available packets here. It is up to the party to determine the appropriate forms or the party can seek the help of an attorney. Court personnel cannot determine the appropriate form for a court customer. There will be a filing fee to file enforcement and/or contempt documents, access our fee schedule.

15. I want to see my child more than the old court order allows. How do I get more time with my child?

To change or modify a court order that already exists, the party may review and access our available packets. It is up to the party to determine the appropriate forms or the party can seek the help of an attorney. Court personnel cannot determine the appropriate form for a court customer. There will be a filing fee to change or modify your order, access our fee schedule. Rule 91 of the Arizona Rules of Family Law Procedure lists additional procedures and requirements for modifications.

16. My ex has custody of our child. I have our child for parenting time, but the child does not want to go back to my ex. Does our child have to go back?

The court order for physical custody will answer this question. Children cannot decide which parent they reside with if there is a court order in place. If a party feels the court order is no longer appropriate for the situation, or both parties agree to a change (a stipulation), a party may file with the court for a change. If there is no court order, a party may file with the court to establish one. The party may review and access our available packets. It is up to the party to determine the appropriate forms or the party can seek the help of an attorney. Court personnel cannot determine the appropriate form for a court customer. There will be a filing fee to change or establish an order for custody, access our fee schedule.

17. I am supposed to pick up my kids this weekend, but my ex says I won’t be allowed to have them. Can the court make my ex give me the kids?

The court cannot enforce parenting time before the order is actually violated, as the party who has the children can change his/her mind and participate in the exchange. To enforce the order, a party may file a Petition for Enforcement, or the party may initiate a contempt proceeding with an Order to Show Cause/Order to Appear, depending on the situation. Rules 91 and 92 of the Arizona Rules of Family Law Procedure list additional procedures and requirements. The party may review and access our available packets. It is up to the party to determine the appropriate forms or the party can seek the help of an attorney. Court personnel cannot determine the appropriate form for a court customer. There will be a filing fee to enforce parenting time and/or petition for contempt proceedings, /158/Filing-Fees.

18. I want to know if the judge will read a text message on my phone and listen to a voice mail. This is evidence that my ex is denying me parenting time. I need to know this before the hearing that is cu

It is up to the party to present evidence to the court. Parties and/or Court staff cannot ask a Judge in advance what they will or will not listen to or read. Each party will have to determine how to present one’s evidence. Arizona Rules of Family Law Procedure list additional procedures and requirements.

19. When can I get an emergency Court order for custody of my child?

1. If your child has been harmed by the other parent or is in immediate danger of harm in the care of the other parent, you have several options available to protect the child. Those options include the following:
   1. Contact law enforcement if your child has been harmed by a parent;
   2. Contact Child Protective services if your child is in danger;
   3. Seek an order of protection if the child has been harmed or may be harmed by domestic violence;
   4. Ask a Court for an emergency order without notice to the other party (available in limited circumstances);
   5. Ask a Court for an expedited hearing with the other parent to address the protection of the child.
2. Generally, the Court cannot grant a request for an order unless the other party has notice of the order being requested and an opportunity to be heard by the Court regarding the request. In very limited cases, however, the Court can issue an emergency order without providing the other party notice of the requested order. An order issued without notice to the other party is known as an “ex parte order”. Rule 48 of the Arizona Rules of Family Law Procedure governs when a Court may issue an ex parte emergency order. In summary, the Rule requires the following:
3. Circumstances Justifying an Ex Parte Order Exists: A temporary order may be granted without written or oral notice to the other party or that party's attorney ONLY if:
   1. It clearly appears from specific facts shown by affidavit or by the verified motion that irreparable injury will result to the moving party or a minor child of the party, or that irreparable injury, loss, or damage will result to the separate or community property of the party if no order is issued before the other party can be heard in opposition; and
   2. The moving party or the party's attorney certifies to the court, in writing, the efforts, if any, that have been made to give the notice to the other party or the reasons supporting the claim that notice should not be required. Rule 48(A), Arizona Rules of Family Law Procedure, (emphasis added).
4. Required Paperwork: A party seeking a temporary ex parte order without notice shall do so by filing a motion, verified or supported by affidavit, together with a proposed form of order, and a notice of hearing on the motion. The motion shall be filed after or concurrently with an initial predecree, post-decree or post-judgment petition. The party may review and access our available forms or the party can seek the help of an attorney. There may be a filing fee to petition for an emergency order and or predecree/post-judgment petition, access our fee schedule.
5. You must fully satisfy all of the requirements of this Rule for the Court to issue an emergency ex parte order. If your situation does not meet the requirements of this rule, you will not be granted an emergency ex parte order.

20. Will I get to talk to the judge about my emergency petition for custody?

Everything a party wants the judge to know may be included in the party’s written filing. There is no guarantee you will see the judge the same day the emergency petition is filed. It will be determined by the judge reviewing the emergency petition if he/she will hold a hearing and take testimony from the party filing. The judge decides based only on the written filing.

21. If my ex and I were never married does the mother automatically have custody of the children?

Legal and physical custody between parents is determined by court order. If there is no court order, law enforcement agencies, schools, doctors, etc. may have different and conflicting policies on how they determine which parent has custody. There will be a filing fee to establish an order for custody and/or paternity/custody. Access our fee schedule. You may also click on the appropriate link below to access forms and information to file documents to establish custody and/or paternity. To determine the forms that are appropriate for you, you may wish to speak to an attorney. Court personnel may not determine the form appropriate for your situation.

Petition to Establish Paternity, Custody, Parenting Time & Child Support (PDF)

22. Where can I get help completing the Parent’s Worksheet to establish or modify a child support order?

The Arizona Supreme Court maintains an online child support calculator. If a party does not have exact figures, he/she can estimate the information input on the worksheet. The filing party should be prepared to explain to the court the numbers used. The calculator is located on the AZ Courts website.