Family Court

About the Process

The Divorce process can be a bit complicated and there are timelines and steps that must be followed in order to complete your court matter as described below. Even if you and the other party agree on all of the terms, you must wait a mandatory 60 days after service on the respondent before you can submit your final paperwork (Consent Decree). View the I Want a Divorce page for more information.

What Is a Default Hearing

The Court may grant the requests made in the Petition for Dissolution without the Respondent participating if the person served with the Petition for Dissolution did not file a Response. A default hearing can be set by the Petitioner if the other party/Respondent has not filed a written response. A default hearing can be scheduled by the Court upon written request when you want a divorce, other judgment, or order of the Court when the opposing side does not respond in writing to your petition or motion. In a Dissolution, a default hearing cannot be set for at least 60 days after the date the petition (and other documents) were served on the Respondent.

You may not proceed by Default for any petition(s) to modify. View the Default Hearing page for more information.

What is Establishing Paternity

Paternity means the condition of being a father. Establishing paternity means to establish a legal father for a child. When the parents are not married it is important that paternity be legally established. View the Establishing Paternity page for more information.

What if We Agree on Everything

If you agree on all the issues, you may submit a Consent Decree of Dissolution of Marriage. You may use the Ecourt system to prepare these forms or you can find them on the Clerk of the Superior Court's forms page.

A Consent Decree is the final order signed by the Judge when parties have agreed on everything required for a divorce, legal separation, or annulment. Both parties must agree in writing to all of the issues which may include: division of property and debt, spousal maintenance (if any), legal decision-making, parenting time, and child support for cases involving children. All parties must sign the written decree. View the Consent Decree page for more information.

What Does This Include

Legal Decision-making and Parenting Time refers to how you will make decisions regarding your children and what days they will be with each parent. (Formerly known as custody and visitation.) If you were never married to the other parent and need to establish court orders for legal decision-making, parenting time, and / or child support, there are additional steps to follow. View the I Was Never Married to the Other Parent & Need Court Orders page for more information.

Child Support Determination

Parents have a legal obligation to provide financial support for their children. Under Arizona laws, the amount of child support is determined by a formula known as the Arizona Child Support Guidelines.

These guidelines are based on several factors including each parent’s gross monthly income, the number of children involved, any children either parent has from other relationships, parenting time days, and expenses related to the children such as medical/dental/vision insurance, daycare, and some educational expenses, view the Child Support & Enforcement page for more information.

Conciliation Court Services

Information is relevant to Conciliation services such as parent education classes, family assessment, conciliation counseling, etc. View the Family Services of Conciliation Court page for more information.

What if We Disagree on Everything

If you and the other party disagree on the relief asked for in the Petition for Dissolution you may need to consult with an attorney for advice. You may also want to file a response within the required timeframe.

If after consultation with an attorney and / or attending a Resolution Management Conference, an Expedited Differentiated Case Management Conference, or any other court hearing, you still cannot agree, you may need to ask for a Trial. Visit the When a Trial is Required page for more information.