Arizona Divorce Records

Data published by the National Center for Health Statistics indicate that divorce rates in Arizona have steadily declined across the state over the years, with current rates hovering around 2.0 divorces per 1,000 Arizonans, lower than the national average of 2.4 divorces per 1,000 total population.

Arizona generally operates a no-fault divorce system. This means that neither spouse is required to prove fault or misconduct on the part of the other to obtain a divorce; they simply need to demonstrate to the court that their marriage is "irretrievably broken". However, if the couple is in a covenant marriage, then the party filing must prove specific fault-based grounds for the divorce unless both spouses mutually agree to the dissolution of their marriage. These grounds include adultery, physical, sexual, or emotional abuse, and abandonment.

The average cost of a divorce in Arizona is approximately $10,280 per person, above the national average of $9,969. Several factors contribute to these costs, including the complexity of the case, attorney fees, and whether issues such as property division, child custody, and spousal maintenance are being contested.

Are Divorce Records Public in Arizona?

Divorce records are generally considered public records in Arizona and are accessible to interested parties by Title 39 of the Arizona Revised Statutes (the state's public records law). This means that the details of a divorce case filed with the court are typically open for public inspection. However, state law also provides for the restriction of access to certain sensitive information contained within these records. This sensitive information includes, but is not limited to, details about minors and domestic violence/abuse victims, social security numbers, financial account numbers, and personal health-related information. In addition, divorce records that have been sealed by court order are also not subject to public disclosure.

What Is Included in Arizona Divorce Records?

Divorce records in Arizona generally refer to any official documentation that confirms the finalization of a divorce proceeding in the state. Arizona divorce records are primarily maintained locally by the Clerk of the Superior Court in the county where the divorce was filed and finalized. These records include:

• Divorce Decree: This is the final court order that legally ends the marriage. Divorce decrees typically contain details about the divorcing couple, the date and location of the divorce, and also outline key decisions related to the proceedings, including property division, custody, and support.
• Divorce Certificate: This is a simplified document that serves as official proof that a divorce occurred. Divorce certificates typically contain basic information, such as the names of the parties, the date the divorce was finalized, and the county where it took place.
• Divorce Court Records (Case Files): This is a comprehensive collection of all documents filed with the court throughout a divorce proceeding. They typically include the petition for dissolution of marriage, the response to the petition, settlement agreements, financial disclosure, motions and responses, affidavits, minute entries, transcripts of hearings (if any), exhibits, and more.

How Do I Find Arizona Divorce Records?

Certified copies of Arizona divorce records are typically available at the Superior Court in the county where the divorce was granted. These documents are often used for several legal and personal reasons, such as:

• Providing official proof of divorce status for remarriage or immigration
• Updating personal and legal documents, such as wills and trusts
• Updating or accessing spousal benefits, life insurance, or retirement accounts.
• Modifying or enforcing orders related to child custody and support or spousal maintenance

Look Up Arizona Divorce Certificate

You may look up and obtain copies of an Arizona divorce certificate by taking the following general steps:

• Determine the county where the divorce was finalized.
• Contact the county's Clerk of the Superior Court (this is the primary custodian for the county's divorce records) and submit a request for the required records. Be prepared to provide information about the divorce, such as the names of the parties involved and an approximate date. Depending on the county, this records request may be submitted in person at the courthouse, via mail, or online (most counties use the Arizona Judicial Branch's eAccess platform, but others may have their own system). Be sure to specify if you need a certified copy.
• Pay the required fee. The amount can vary by county but generally ranges from $15 - $35 (for certified copies). Plain copies typically cost much less but cannot be used for official purposes.

Look Up Arizona Divorce Decree

The process for obtaining copies of Arizona divorce decrees is similar to that for obtaining a divorce certificate. To this end, you will need to determine the county where the divorce was finalized, contact the county's Superior Court Clerk, submit an official request, provide necessary information to aid the court clerk in locating the required records, and pay the stipulated copy fees.

Note that some counties may keep records of divorces finalized before 1950 with the Arizona State Archives. You may contact the State Archives to inquire about these older records (if the relevant Court Clerk's office does not have them) at:

Look Up Arizona Divorce Court Records

While divorce records are generally considered public in Arizona, access to the full divorce case file (which typically contains sensitive information) is usually restricted. Nonetheless, you may access public documents in the file by contacting the relevant Superior Court Clerk. You will typically need to provide specific information to help locate the case file, such as the names of the parties involved and the approximate timeframe of the divorce; knowing the case number will also significantly expedite the search process. Be aware that search and/or copy fees may apply.

You may also be able to look up public divorce records online via the state's Public Access to Court Information platform, usually at no cost; however, you cannot typically obtain copies of these records from this platform.

Can You Seal Divorce Records in Arizona?

Yes, divorce records in Arizona may be sealed by the court on the request of a party involved in the case. This is typically done to protect the privacy of the parties involved, especially regarding matters concerning minors or domestic abuse, or to prevent sensitive financial or business information from being exposed.

To request a record sealing, you must file a motion to seal with the Superior Court that handled the divorce. The motion should clearly articulate the reasons why sealing is necessary and provide supporting evidence to justify the request. It is important to note that the final decision on whether to grant the motion or deny the request lies with the court. In most cases, if the motion is granted, only specific documents or information within the record will be sealed or redacted so that the public's right to information is still relatively preserved.

How Long Does a Divorce Take in Arizona?

The timeline for completing a divorce in Arizona can vary depending on the specifics of each case. Under Arizona law, courts cannot consider a petition for the dissolution of a marriage and issue a divorce decree until at least 60 days after the divorce papers are served. Uncontested divorces and divorces with few, quickly resolved issues are typically finalized shortly after this 60-day waiting period, while contested divorces may take considerably longer, depending on the complexity of the issues being disputed.

Does Arizona Require Separation Before Divorce?

No, Arizona does not require spouses to be separated before filing for divorce. However, couples in a covenant marriage who wish to file for divorce on the grounds of separation must have lived apart for at least two years without reconciling (or at least one year if they are already legally separated).

How Are Assets Split in an Arizona Divorce?

Arizona is a community property state and operates under the principle that all assets and debts acquired by either spouse from the date of marriage until the divorce papers are served are owned equally by both parties (community property). Per state law, courts have to aim for an equitable distribution of this community property during divorces without any regard to marital misconduct. In most cases, this usually results in an approximately equal (50/50) split of the property.

Who Gets Custody of a Child in Divorce in Arizona?

In Arizona divorce cases involving children, the court's primary area of concern is usually the "best interests of the child". There are two main types of child custody in Arizona:

• Legal Decision-Making: This is the right and responsibility to make non-emergency legal decisions for a child, particularly in areas concerning the child's education, health care, religious training, and personal care. Legal decision-making may either be sole, where one parent has the authority to make these decisions, or joint, where both parents share decision-making responsibilities.
• Parenting Time: This refers to the specific schedule that outlines when each parent spends time with the child. During their assigned time, the parent is responsible for meeting the child's basic needs, such as providing food, clothing, and shelter. They are also allowed to make everyday decisions about the child's care.

Courts generally focus on fostering substantial, meaningful, and continuing relationships between the child and both parents when making custody determinations and will typically consider several relevant factors, including:

• The child's physical and emotional needs
• Each parent's ability to provide a stable environment
• The child's relationship with each parent
• Parental cooperation and communication

While there used to be societal biases that typically resulted in mothers being favored in custody cases, Arizona's current laws (as outlined in ARS Sections 25-401 - 25-418) make no presumptions to a specific parent, ensuring both parties have equal opportunities to be involved in their child's life. This gender-neutral approach can be observed in statewide trends - on average, fathers in Arizona are awarded 50% parenting time, higher than the national average of 35%.