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 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 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).

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

        Forms can be obtained on-line at the website of the Pima County, Arizona Superior Court.

        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 and file the following papers (you will also need copies for yourself and your spouse):
   
   
   1. Cover sheet
      
      
   2. Summons
      
      
   3. Petition for dissolution of marriage (notarized)
      
      
   4. Preliminary Injunction Against Both Petitioner and Respondent
      
      
   5. Notice Regarding Creditors and Debt
      
      
   6. Notice of Your Rights Regarding Health Insurance
      
      
   7. Affidavit Regarding Minor Children (notarized) (plus an extra copy)

   If there are minor children, also file the following:
   
   

   1. Order for Completion of Domestic Relations Education Regarding Children’s Issues Course
      
      
   2. Important Notice for Parents of Minor Children with Domestic Actions in Superior Court
      
      
3. The Clerk’s office will stamp one set of the papers. Give that set to your spouse with an Acceptance of Service of Process form, for your spouse to sign before a notary public. If your spouse wants to be restored to a former name, that name should be inserted (including spelling out any middle name) in the Acceptance of Service of Process form.
   
   
4. File the signed and notarized Acceptance of Service of Process form in court. No filing fee will be required, unless your spouse is requesting restoration to a former name.
   

   If your spouse files any papers in court (other than his or her Acceptance of Service of Process form or Certificate of Completion of the parent education course), the rest of these instructions will not apply to your case, and you will need to get legal advice about how to proceed.

5. 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.
   
   
6. 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
      
      
   3. Your spouse will have to go to court and pay his or her tuition before taking the course.
      
      
7. 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. On the day before you plan to go to court, call 520-740-3250 to schedule your court appearance.
      
      
   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. You will be given copies of the papers conformed to show the name of the judge and the date. You must mail one set to your spouse within 24 hours.