What the Petition Must Include
Filing for divorce in Arizona is not as simple as submitting a one-page form. The verified petition must contain specific information about both spouses, the marriage, any children, and any agreements the parties have reached.
The verified petition in a proceeding for dissolution of marriage, annulment or legal separation shall allege that the marriage is irretrievably broken or void, that one or both of the parties desire to live separate and apart, and shall set forth: 1. The birth date, occupation and address of each party and the length of domicile in this state.
A.R.S. § 25-314(A)The petition must also include the date and place of the marriage, whether it is a covenant marriage, and the names, birth dates, and addresses of all children. If the spouses have already agreed on support, custody, or maintenance, those details go in the petition as well.
Limited Defenses and Domestic Violence Protections
Arizona restricts what defenses can be raised in response to a petition. For a standard dissolution, the only defense is that the marriage is not irretrievably broken. For a covenant marriage, the defense is that none of the required statutory grounds exist. For annulment, the defense is that the marriage is not void.
The statute also includes an important protection for domestic violence victims. A person who is a victim of domestic violence or a resident of a domestic violence shelter is not required to disclose their physical address. Instead, an alternative means of communication, such as a post office box or an attorney's address, satisfies the requirement.
For estate planning purposes, the details required in the petition highlight why keeping accurate records of property ownership, beneficiary designations, and existing agreements matters. When a dissolution petition is filed, having organized estate documents helps ensure community property and separate property are properly identified from the start.