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A.R.S. § 25-311

Filing for Divorce or Legal Separation

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona's superior court handles all divorce, annulment, and legal separation cases. You must file the petition under the Arizona Rules of Family Law Procedure. Only the superior court has jurisdiction over these cases.

Title 25, PREMARITAL AND MARITAL AGREEMENTS

azleg.gov

Where Family Law Cases Are Heard

In Arizona, the superior court is the only court that hears divorce, annulment, and separation cases. There is no option to file in a lower court.

The superior court is vested with original jurisdiction to hear and decide all matters arising pursuant to this chapter and pursuant to chapter 4, article 1 of this title.

A.R.S. § 25-311(A)

This means property division, spousal support, child custody, and support all go through the superior court. The court's power also covers temporary orders and enforcement of agreements.

How the Petition Gets Filed

Filing follows a specific set of rules. Arizona does not allow informal requests or alternative filing methods.

A proceeding for dissolution of marriage, annulment or legal separation shall be filed in accordance with the Arizona rules of family law procedure.

A.R.S. § 25-311(B)

These rules cover how to format documents and how to serve notice on the other party. Strict rules apply from the very start of the case.

Having your estate plan, property records, and financial documents ready before filing can help. A funded living trust clearly shows which property is trust property and which is community property.

Jurisdiction requires at least one spouse to have lived in Arizona. If you recently moved here, residency rules may affect your timeline for filing.

25-311. Jurisdiction; filing of petition A. The superior court is vested with original jurisdiction to hear and decide all matters arising pursuant to this chapter and pursuant to chapter 4, article 1 of this title. B. A proceeding for dissolution of marriage, annulment or legal separation shall be filed in accordance with the Arizona rules of family law procedure.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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