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A.R.S. § 25-314

Divorce or Separation Petition Contents

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

Arizona law spells out what a petition for divorce, annulment, or legal separation must contain. The petition must include personal details of both parties and information about the marriage. It must also cover details about children and any agreements already in place.

Title 25, PREMARITAL AND MARITAL AGREEMENTS

azleg.gov

What the Petition Must Include

Filing for divorce in Arizona is not as simple as filling out a one-page form. The verified petition must contain specific details about both spouses, the marriage, and any children.

It must also include any agreements the parties have reached. The superior court requires this level of detail from the start.

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 list the date and place of the marriage and whether it is a covenant marriage. It must include the names, birth dates, and addresses of all children.

If the spouses already agree on child support, custody, or spousal support, those details go in the petition too. The other party generally has 20 days to file a response.

Limited Defenses and Domestic Violence Protections

Arizona limits what defenses a party can raise in response. For a standard divorce, the only defense is that the marriage is not irretrievably broken.

For a covenant marriage, the defense is that none of the required grounds exist. For annulment, the defense is that the marriage is not void.

The statute also protects domestic violence victims. A victim or a person in a shelter does not have to share their physical address.

For example, a post office box or an attorney's address can satisfy the requirement.

Organized estate documents help identify community and separate property from the start. Filing a petition also triggers the automatic preliminary injunction under A.R.S. 25-315. As a result, both parties face limits on what they can do with shared assets.

25-314. Pleadings; contents; defense; joinder of parties; confidentiality A. 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 or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903 or 25-904, whichever is appropriate, and shall set forth: 1. The birth date, occupation and address of each party and the length of domicile in this state. 2. The date of the marriage, the place at which it was performed and whether the marriage is a covenant marriage. 3. The names, birth dates and addresses of all living children, natural or adopted, common to the parties and whether the wife is pregnant. 4. The details of any agreements between the parties as to support, legal decision-making and parenting time of the children and maintenance of a spouse. 5. The relief sought. B. Either party to the marriage may initiate the proceeding. C. The only defense to a petition is: 1. For the dissolution of a marriage or legal separation, that the marriage is not irretrievably broken. 2. For a covenant marriage, that none of the grounds alleged for a dissolution of marriage or legal separation prescribed in section 25-903 or 25-904 is met. 3. For annulment, that the marriage is not void. D. The court may join additional parties necessary for the exercise of its authority. E. This section does not require a victim of domestic violence or a resident of a domestic violence shelter as defined in section 36-3001 to divulge the person's address, except that a means of communicating with the resident, such as a post office box or address of the person's attorney, must be disclosed.

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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