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Procedures For An Uncontested Divorce (Dissolution of Marriage) in Pima County, Arizona

This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

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Warnings

No one should attempt to obtain a divorce without having a lawyer handle the case, unless he or she first consults a lawyer to learn his or her rights and see whether there may be legal pitfalls in his or her particular situation. These instructions explain what court papers to file and when to file them. These instructions do not tell what the contents of those papers should be.

These instructions may not give all of the information needed for a particular case. These instructions cannot take the place of consulting with a lawyer.

Do not use these instructions unless all of the following are true about your situation:

  • Both parties have agreed on all the terms. (These instructions do not cover going to trial to have a judge decide the terms.)
  • If there are minor children (under 18 years of age), one party will have sole custody. (These instruction do not cover joint custody).
  • Neither party has any form of retirement plan from which benefits are now being paid or will be paid later. (These instructions do not cover the highly technical procedures for handling retirement plans in a divorce).
  • Your spouse is not on active military duty. (These instructions do not cover the special protections for service members when court cases are filed against them).
  • Your spouse does not wish to be restored to a former name. (You can request restoration of a former name in the petition for dissolution of marriage, but these instructions do not include the procedures for your spouse to make such a request).

The author of this outline does not vouch for the accuracy or completeness of forms purchased in a do-it-yourself kit.

The procedures, court forms, and fees change from time to time. These materials may not be current.

These instructions apply to Pima County only.

Procedures

  1. Go to the office of the Clerk of Superior Court, 110 West Congress (northwest corner of Church and Congress, downtown) in Tucson, Arizona. The Clerk's office is on the ground floor. This is where all papers are filed and all fees are paid.

  2. Pay your filing fee ($186 if you have minor children, otherwise $156). The Clerk's office will not accept a personal check.

  3. File the following papers (you will also need copies for yourself and your spouse):

    1. Cover sheet

    2. Petition for dissolution of marriage (notarized)

    3. Preliminary Injunction Against Both Petitioner and Respondent

    4. Notice of Your Rights Regarding Health Insurance

    5. Affidavit Regarding Minor Children (notarized) (plus an extra copy)

      If there are minor children, also file the following:

    6. Order for Participation in Domestic Relations Education Regarding Children's Issues Course.

    7. Important Notice for Parents of Minor Children with Domestic Actions in Superior Court.


  4. The Clerk's Office will stamp the papers. Give one set of stamped copies of all the papers to a process server, to serve on your spouse.

  5. After your spouse is served, the process server will give you a Certificate of Service (which may be called Affidavit for Service). File it in court.

    ;If your spouse files any papers in court, the rest of these instructions will not apply to your case, and you will need to get legal advice about how to proceed.

  6. On or after the 21st day after your spouse is served by the process server, file an Application for Entry of Default (notarized). Mail a copy to your spouse.

  7. Not later than 45 days after the date on which you filed the petition for dissolution of marriage, each of you must attend the parent education course. (This only applies to people with minor children).

    1. Take the tuition Receipt (issued when the petition for dissolution of marriage is filed) with you to the course.

    2. After you take the course, file in court the original (green) copy of the Certificate of Completion, which will be given to you by the teacher.


  8. Not earlier than the 61st day after your spouse was served by the process server, go to court to finalize the dissolution.

    ;If there are minor children and you have not taken the parent education course, the court will not allow you to finalize the divorce. If your spouse has not taken the course, the court may allow you to finalize the divorce.

  1. Arrive at the Clerk of Court's office at 1:00 p.m. There is no need to make an advance appointment. Someone from the clerk's office will take you into the courtroom to answer a few questions.

  2. Bring the Decree of Dissolution of Marriage and the Domestic Default Cover Sheet.

  3. If there are minor children, also bring the following:

    1. Child Support Order

    2. Order of Assignment

    3. Fact Sheet

  4. All of the papers must be completely filled out. The judge will not fill them out for you. Bring extra copies for you and your spouse.

  5. When the judge signs, you are divorced as of that instant. Fill in the judge's name and the date on the extra copies of the papers. You must mail one set to your spouse within 24 hours.

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