AZ State Seal

Divorce - FAQ

Questions:

  •   How much does it cost to file for a divorce?

Please click here for a listing of court fees. 

  •   Do both parties have to sign the divorce papers?

No, only the Petitioner will need to sign the papers with the exception of the Acceptance of Service. The Respondent can sign the Acceptance of Service at any time after the divorce has been filed with the 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.

  •   What are the steps involved in filing a divorce?

If the party wishes to file their own divorce, they can pick up a packet from the Clerk's Office, Office Supply Store, or fill them out on-line by clicking on the following link:
Mohave County Court I-forms

The party who is filing the divorce will need to fill out the forms contained in the packet. At this point the Party can sign the Domestic Relations Cover Sheet and the Petition for Dissolution of Marriage. The Petition for Dissolution of Marriage will need to be notarized. It can be notarized in the Clerk's Office at no charge.

The petitioning party will need to bring the original packet of forms plus two sets of complete copies of the forms. This does not include instructions.

The clerk at the counter will only file the documents necessary to start the divorce. They include: The Petition for Dissolution of Marriage; Domestics Relations Cover Sheet; Preliminary Injunction; and the Notice of Right to Convert Health Insurance. The Petitioner should also have a Summons and Preliminary Injunction (original plus two copies) for the clerk to issue.

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 at the time that the divorce is filed or any time after the divorce proceedings have begun. If the responding party is not willing to sign the Acceptance of Service, the petitioner will need to make arrangements with a Process Server or the Sheriff's Office to have the papers served. ( Click here for a List of Process Servers )

The respondent has 20 days to file a response to the divorce action (thirty days if out-of-state), exclusive of the date the person was served.

If the respondent does not file a written response contesting the divorce, the petitioner will need to file the Application and Affidavit for Entry of Default at the Clerk's office after 24 days (if in state) or 34 days (if out-of-state) of service upon the respondent.

  • I need to serve my spouse, but he/she is out-of-state. What do I do?

You can serve the papers on your spouse by Registered Mail. Only your spouse can sign the Green Receipt Card as proof of service. You will then need to file that Green Receipt Card along with an Affidavit of Service by registered mail with the Clerk's office.

  • Is it necessary for the respondent to file a response?

No, it is not. If the respondent does not agree with information contained in the Petition for Dissolution of Marriage, he/she will need to prepare a written response and file it with the Clerk's Office. The respondent is required to provide a copy of the response to the Petitioner or to the Petitioner's attorney.

  • How much does it cost to file a response to a divorce?

Please click here for a listing of court fees. 

  • If I cannot afford to pay the fees, can I have my fees deferred or waived?

Yes, you can. You must fill out an Application for Deferral of Filing Fee.

  • I have been married for a week. Can I file for an annulment?

We cannot answer your question on what the statutory grounds (qualifications) are for filing for an annulment in this state. You should obtain legal advice. ( Click here for link to Arizona State Bar )

 

 

 

Related Links



General Court Forms


Court Forms Main Page

Orders of Protection

 

Justice Court Self-Service Forms

Justice Court Self Service forms

Civil Suits

Evictions

General Information and Services

Small Claims

Traffic Violations

 

Superior Court Self-Service

Civil

Criminal

Legal Decision Making (Formerly known as Child Custody)

Divorce

Marriage Licenses

Miscellaneous Forms

Name Change