Divorce with Minor Children Checklist

At least one spouse must have lived in Arizona for a minimum of 90 days before filing. Gather proof such as an Arizona driver's license, utility bills, lease agreement, or voter registration card showing your Arizona address.

You'll need a certified copy of your marriage certificate to attach to your Petition for Dissolution of Marriage. Order a certified copy from the county recorder in the county where you were married, or from the Arizona Department of Health if married in Arizona.

Certified copies of each child's birth certificate are required for court filings that address legal decision-making and parenting time. If a child was not born in Arizona, contact the vital records office of the state where they were born.

Have valid photo IDs (driver's license or passport) for both spouses readily available. You may also need your Social Security numbers and your children's Social Security numbers for the Child Support Worksheet and tax-related filings.

Arizona is a no-fault divorce state. The only ground for dissolution is 'irretrievable breakdown of the marriage.' Note: If you entered a Covenant Marriage (A.R.S. § 25-901), different and more limited grounds apply — consult an attorney if this applies to you.

If there is an existing Order of Protection, Injunction Against Harassment, or prior child custody order from any court, gather copies. These must be disclosed and may affect your parenting plan and how communications between parties are handled.

Arizona is a community property state. All assets acquired during the marriage are presumed jointly owned and subject to equitable division. Create a complete inventory: real estate, vehicles, bank accounts, retirement accounts (401k, IRA, pension), investment accounts, business interests, and personal property of significant value.

List all debts: mortgage, car loans, credit cards, student loans, medical bills, and personal loans. Identify which were acquired before marriage (separate debt) vs. during marriage (community debt). Both spouses may be held responsible for community debts regardless of whose name they are in.

Federal and state tax returns for the past 3 years are essential for calculating child support under the Arizona Child Support Guidelines and for evaluating spousal maintenance claims. Both parties are required to exchange financial disclosures.

Collect recent pay stubs (last 3 months), W-2s, 1099s, and any documentation of self-employment income. Arizona's Child Support Guidelines (A.R.S. § 25-320) use each parent's gross income, so accuracy here directly affects the child support amount.

Pull the most recent statements for all 401(k), 403(b), IRA, pension, and brokerage accounts. The portion of a retirement account earned during the marriage is community property. Dividing retirement accounts typically requires a Qualified Domestic Relations Order (QDRO).

Compile costs for childcare, health insurance premiums, out-of-pocket medical/dental/vision expenses, extracurricular activities, and school tuition or fees. These are factored separately into the Arizona Child Support Guidelines worksheet beyond just base support.

If one spouse earns significantly less or left the workforce to raise children, spousal maintenance (alimony) may be relevant under A.R.S. § 25-319. Courts consider length of marriage, standard of living, earning capacity, and contributions as a homemaker. Document any career gaps or sacrifices made for the family.

Arizona uses the term 'legal decision-making' (not custody) to describe a parent's authority to make major decisions about a child's education, healthcare, and religious upbringing. 'Parenting time' refers to the physical schedule of when the child is with each parent. Both must be addressed in your parenting plan under A.R.S. § 25-401.

The court evaluates numerous factors to determine what arrangement is in your child's best interests, including: the child's relationship with each parent, each parent's ability to cooperate, the child's adjustment to home/school/community, any history of domestic violence or child abuse, and the child's wishes (if of suitable age and maturity). Familiarize yourself with all factors before proposing a plan.

A written Parenting Plan is mandatory for all Arizona divorces involving minor children (A.R.S. § 25-403.02). Your plan must include: legal decision-making allocation (joint or sole), a detailed parenting time schedule (regular, holiday, and school break schedules), pick-up/drop-off logistics, a process for modifying the schedule, and a dispute resolution method. The more specific your plan, the less room for future conflict.

Your parenting plan must specifically address how major holidays (Thanksgiving, Christmas/winter break, spring break, summer), school holidays, and birthdays will be shared or alternated. Arizona courts expect detailed schedules — vague language like 'as agreed' often leads to post-decree disputes.

If either parent may relocate in the future, understand Arizona's relocation law (A.R.S. § 25-408). A parent wishing to move with a child must provide 45 days written notice to the other parent. The non-relocating parent can petition to prevent the move. Consider including a relocation clause in your parenting plan to set expectations early.

Arizona courts look favorably on parents who support their child's relationship with the other parent. Consider whether your child may benefit from speaking with a child therapist or counselor during the transition. Avoid discussing adult legal matters or finances with your children, and maintain consistent routines to provide stability.

Child support in Arizona is calculated using the Arizona Child Support Guidelines (A.R.S. § 25-320 and the Support Guidelines Worksheet). The formula considers both parents' gross incomes, parenting time percentage, childcare costs, health insurance premiums, and extraordinary expenses. Use the official Arizona Supreme Court Child Support Calculator at azcourts.gov for an accurate estimate.

The number of days each parent has the child per year (out of 365) is a direct input in the child support formula. Even small differences in parenting time percentage can meaningfully change the support amount. Map out your proposed parenting schedule and calculate each parent's percentage before completing the worksheet.

Document which parent provides health insurance for the children and the monthly premium cost attributable to the children. Also document monthly childcare costs (daycare, after-school care) necessary for either parent's employment. These costs are added to the base child support calculation under the Arizona Guidelines.

Your parenting plan or child support order should specify how out-of-pocket medical, dental, vision, and mental health expenses will be divided (typically 50/50 or proportional to income). Document a process for reimbursement to avoid future disputes — for example, requiring receipts within 30 days and reimbursement within 45 days.

Arizona law requires both parents in a divorce or custody case involving minor children to complete a court-approved parent education program before the case can be finalized. The most common is 'Parent Information Program (PIP),' offered online and in-person. Check your county's Superior Court website (e.g., Maricopa, Pima, Yavapai) for approved providers and deadlines.

You must file your Certificate of Completion with the court. Failure to complete the parenting class can delay or prevent your divorce from being finalized. Most programs take 3–4 hours and can be completed online for convenience. Complete this early — do not wait until the last minute.

Both parents are independently required to complete the parenting class. If the other parent fails to comply, the court may take action, but it can still delay your case. If you are concerned about the other parent's compliance, you may wish to document your attempts to inform them of the requirement.

File your Petition for Dissolution of Marriage with the Superior Court in the county where either you or your spouse resides. Your petition must state that the marriage is irretrievably broken and address legal decision-making, parenting time, child support, property division, and (if applicable) spousal maintenance. Arizona's eFiling system (AZTurboCourt or TurboCourt) is available in most counties.

Filing fees in Arizona typically range from $200–$350 depending on the county. If you cannot afford the fee, you may apply for a fee deferral or waiver (Application for Deferral or Waiver of Court Fees and Costs) at the time of filing. Bring a government-issued ID and proof of financial hardship if applying for a waiver.

After filing, you must formally serve your spouse with the Summons, Petition, and accompanying documents. In Arizona, service can be completed by a process server, the county sheriff, or (in some cases) certified mail or consent. Your spouse then has 20 days (if served in Arizona) or 30 days (if served out of state) to file a Response.

In Arizona, a Preliminary Injunction is automatically issued when you file for dissolution (A.R.S. § 25-315). It prohibits both spouses from: dissipating marital assets, removing children from the state without court permission or the other parent's written consent, canceling insurance policies, or harassing one another. Review the injunction carefully — violations can have serious legal consequences.

A Sensitive Information Sheet (containing Social Security numbers, financial account numbers, etc.) must be filed separately from the main petition. This form is sealed and not part of the public record. Arizona courts require this to protect parties' and children's private identifying information.

If you need immediate rulings on parenting time, temporary child support, or use of the family home while the case is pending, you can file a Petition for Temporary Orders. The court can issue temporary legal decision-making and parenting time orders that remain in effect until the final decree. Act quickly if there are urgent safety concerns about your children.

If you and your spouse reach full agreement, you'll prepare and sign a Consent Decree of Dissolution of Marriage, which incorporates your Parenting Plan and Child Support Order. Both parties sign before a notary, and the document is submitted to the judge for approval. Arizona's 60-day waiting period must expire before the judge can sign the decree.

If your spouse does not respond (default) or if issues remain contested, you may need to appear before a judge. In Maricopa County, many uncontested cases with a Consent Decree are finalized without a hearing. Check your county's local rules and any instructions in your case's minute entries.

After your divorce is finalized, promptly update beneficiary designations on life insurance policies, retirement accounts, and bank accounts as required by your decree. Update your will, healthcare power of attorney, and any trusts to reflect your new family structure and protect your children's inheritance.

Arizona child support payments are typically made through the Arizona Support Payment Clearinghouse (1-800-882-4151 or azdes.gov). Payments made through the clearinghouse are tracked and create an official record, which protects both the paying and receiving parent. Avoid informal cash payments that cannot be documented.

If you are resuming a former name, your Decree of Dissolution is your legal authority to do so. Update your Social Security card first (free at SSA.gov), then your driver's license, passport, bank accounts, employer records, and children's school and medical records with your new contact information.

Establish a reliable, documented method for co-parenting communication — apps like TalkingParents or OurFamilyWizard create timestamped, unalterable records of all communications, which can be valuable if disputes arise later. Keep all communications child-focused, respectful, and in writing.

Either parent can petition to modify child support if there has been a 'substantial and continuing change in circumstances' (A.R.S. § 25-327). Parenting time and legal decision-making can also be modified upon a showing of changed circumstances. Keep records of all significant changes in income, expenses, or parenting-related events.