Do You Have to Go to Court for Divorce in Arizona?
Unlike what you might think, you may not have to go to court for an Arizona divorce. It depends on whether you both agree to all of the major issues. If so, you may be able to end your marriage with the filing of paperwork, or a very quick court appearance if one is needed at all. This depends on your particular situation, and what you and your soon-to-be ex can agree on. A legal paraprofessional can help with the paperwork, the negotiations, and any necessary court appearances.
At JNH Legal Services, PLLC, our legal paraprofessional can help you with an Arizona divorce. Let him speak to you about your situation to see if you ever need to step foot in the courtroom.
Arizona Divorce Basics
While the term “divorce” is still used commonly, officially it is called a “dissolution of marriage” under Arizona law. These cases have to be filed in the Superior Court of the county whether either of you live. Arizona does not require findings of fault. Instead, only that you both agree the marriage is “irretrievably broken.”
Every divorce, whether contested or uncontested, must go through the court system. However, not every divorce requires a court appearance.
When You Do Not Have to Go to Court
Many Arizona divorces can be finalized without a hearing. This typically happens in three situations: summary consent decrees, standard consent decrees, and default divorces.
1. Summary Consent Decree (No Court Appearance Required)
Arizona allows spouses who agree on all issues to file a Summary Consent Decree, a streamlined process that avoids court entirely. This option is available when:
- Both spouses agree on property division
- Both agree on debt division
- Both agree on parenting time, legal decision-making, and child support (if applicable)
- Both sign all required documents
Once the paperwork is filed and the mandatory 60-day waiting period has passed, the judge can sign the divorce decree without a hearing.
2. Consent Decree (No Court Appearance Required)
If you can both full agree after the divorce gets filed, you can submit a Consent Decree. This will let the judge finalize your divorce without having a formal hearing.
A Consent Decree is common when spouses negotiate through:
- Mediation
- Informal settlement discussions
- Attorney-assisted negotiations
3. Default Divorce (Usually No Court Appearance Required)
If you file for divorce, and your spouse does not file a response in time, you could be entitled to a default divorce. In many counties, you can get a default divorce without a court hearing if:
- The petitioning spouse’s requests comply with Arizona law
- Proper notice was given
- The non-responding spouse does not object
Some counties may require a brief hearing, but many default divorces are finalized on paperwork alone.
When You Do Have to Go to Court
While many divorces avoid court, some situations require a hearing or trial.
1. Contested Divorce
A contested divorce occurs when spouses cannot agree on one or more issues, such as:
- Property division
- Spousal maintenance (alimony)
- Parenting time or legal decision-making
- Child support
If disputes cannot be resolved through negotiation or mediation, the court will schedule:
- A Resolution Management Conference
- Temporary orders hearings (if needed)
- A trial, where the judge makes final decisions
Contested divorces almost always require at least one court appearance.
2. Covenant Marriage Divorce
Covenant marriages are recognized in Arizona. These require specific grounds for divorce and usually require a hearing because of the other complexities they bring.
3. Cases Involving Safety Concerns
If there are allegations of:
- Domestic violence
- Child endangerment
- Substance abuse
- Harassment
The court may require hearings to issue temporary orders or protective measures.
When to Consult an Arizona Legal Paraprofessional
A legal paraprofessional (LP) can help you analyze your case and determine the best path forward. Jason Halper, the founder of JNH Legal Services, PLLC, is a dedicated LP with years of experience helping clients find cost-effective and efficient solutions. He is an accomplished paraprofessional and author, writing “Licensed to Lead: A Comprehensive Guide to Emerging as a Legal Paraprofessional.”
A legal paraprofessional can help you with your Arizona divorce.
Contact an Arizona Legal Paraprofessional To Get Your Divorce and Avoid Going to Court
In the right situation, you can avoid the courtroom and the expense of a contested divorce. Let a legal paraprofessional help you prepare the paperwork and negotiate any unresolved issues to make both your lives easier.
Consult an experienced legal paraprofessional at JNH Legal Services, PLLC to learn more about how we can help. Contact us today to schedule a consultation.
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