Domestic Violence Divorce Checklist

Contact the National Domestic Violence Hotline (1-800-799-7233) or the Arizona Coalition to End Sexual and Domestic Violence (acesdv.org) to develop a safety plan tailored to your situation. This includes identifying safe places to go, trusted contacts, and how to leave safely without alerting your abuser.

Secretly gather essential items in case you need to leave quickly: identification documents (passport, driver's license), Social Security cards, birth certificates, medication, phone charger, some cash, and a change of clothes for you and your children. Store it somewhere your abuser cannot find it — with a trusted friend, family member, or at work.

Your abuser may be monitoring your phone, email, or computer. Use a device they don't have access to — a library computer, a friend's phone, or a new prepaid phone — when researching your options or contacting an attorney. Clear your browser history after each session if using a shared device.

Arizona has a network of confidential domestic violence shelters. Call the Arizona 24-hour DV Hotline at 1-800-782-6400 to find shelter near you. Shelter staff can also help connect you with free legal advocacy services and court assistance.

Inform at least one trusted friend, family member, coworker, or neighbor about what you are experiencing. Share your safety plan with them and establish a check-in system. Isolation is a tool of abusers — breaking it is a critical first step.

In Arizona, you can file for an Order of Protection through the Superior Court or any municipal or justice court in the state — even if it is in a different county than where your abuser lives. Filing is free. The judge can grant an Emergency Order immediately, without your abuser present (ex parte). The OOP can prohibit the abuser from contacting you, entering your home, and coming near your children.

An Order of Protection (OOP) applies when the abuser is a household member, family member, or romantic partner. An Injunction Against Harassment applies to neighbors, coworkers, or strangers. For a domestic partner or spouse, an OOP is the appropriate and stronger protection under A.R.S. § 13-3602.

An OOP is only enforceable once it has been legally served on your abuser. Law enforcement (local police or sheriff's office) can serve the order at no cost to you. Until the abuser is served, keep a copy of the order with you at all times and provide copies to your children's school, your employer, and local police.

Under A.R.S. § 13-3602(G), a judge may order your abuser to surrender any firearms when issuing an Order of Protection. Federal law (Lautenberg Amendment) also prohibits individuals subject to a qualifying domestic violence OOP from possessing firearms. Inform the court if you know your abuser owns weapons.

If your abuser violates the Order of Protection, call 911 immediately. Violation of an OOP in Arizona is a Class 1 misdemeanor and can result in arrest. Document every violation with dates, times, and screenshots of any messages. These records will also be valuable evidence in your divorce proceedings.

Arizona's Address Confidentiality Program (ACP), administered by the Secretary of State's office, provides domestic violence survivors with a substitute address to use on public records, helping to shield your location from your abuser. Enroll before filing divorce paperwork if you are concerned about your abuser finding your new address.

Gather your driver's license, passport, Social Security card, and birth certificate, as well as those of your children. If your abuser has hidden or confiscated these, you can request replacements — the Arizona MVD can reissue a driver's license, the Social Security Administration can reissue your SSC, and the Arizona Department of Health Services handles birth certificate replacements.

You will need your Arizona marriage certificate to file for dissolution. If you cannot access the original, certified copies are available from the Arizona Department of Health Services Vital Records office for a small fee. Prenuptial or postnuptial agreements, if they exist, must also be reviewed with your attorney.

Preserve all evidence of abuse: photographs of injuries (dated), threatening text messages or emails (screenshot and back up to a secure cloud account), voicemails, police reports, prior OOP filings, medical records, and witness statements. This evidence is critical under A.R.S. § 25-403.03, which creates a rebuttable presumption against granting custody to an abuser — the court must consider documented evidence of domestic violence.

Discreetly collect or photograph copies of: bank and credit card statements (at least 3 years), tax returns, pay stubs, mortgage or lease agreements, vehicle titles, retirement account statements, and any business records. Arizona is a community property state, meaning assets and debts acquired during marriage are generally split. Economic abusers often hide assets — an attorney can request formal financial disclosure during the divorce.

Economic abuse — such as controlling all finances, preventing you from working, running up debt in your name, or hiding assets — is recognized in Arizona courts. Document any evidence: blocked bank access, forged signatures, credit accounts opened without your knowledge, or a pattern of withholding money. This may affect community property division and spousal maintenance determinations.

If you have minor children, gather their birth certificates, school enrollment records, medical records, and immunization histories. These will be necessary for establishing a parenting plan and, if needed, for enrolling children in a new school after relocation.

At least one spouse must have lived in Arizona for at least 90 days before filing for dissolution. You file at the Superior Court in the county where you or your spouse currently resides. If you have moved to escape abuse, you may file in your new county of residence after meeting the 90-day requirement.

If you are enrolled in Arizona's Address Confidentiality Program (ACP) or have concerns about your abuser learning your address through court filings, inform the Superior Court clerk. Certain protective measures can be taken to shield your residential address from public court records.

You (the Petitioner) file the Petition for Dissolution of Marriage at your county's Superior Court. Arizona's grounds for divorce are an 'irretrievable breakdown of the marriage' — you do not need to prove fault or abuse to obtain a divorce, though evidence of domestic violence is highly relevant to custody decisions. Filing fees in Arizona are approximately $300-$400, with fee waivers available if you qualify based on income.

When you file for dissolution in Arizona, a Preliminary Injunction is automatically issued that prohibits both parties from disposing of, concealing, or transferring community property without consent or court order. This is critical if you are concerned about your abuser hiding or dissipating marital assets in retaliation.

You can ask the court for Temporary Orders at the time of filing or shortly after, covering: temporary legal decision-making and parenting time for children, temporary spousal maintenance, temporary exclusive use of the marital home, and temporary child support. In domestic violence cases, judges take these requests seriously and can act quickly.

Arizona law requires a minimum 60-day waiting period from the date the Respondent (your spouse) is served before a divorce can be finalized. However, temporary orders for protection, child custody, and support can be issued much sooner. Use this time to work with your attorney to build your case.

If your abuser controlled the finances or you lack independent income, you may qualify for a court filing fee deferral or waiver. Ask the Superior Court clerk for an Application for Deferral or Waiver of Court Fees (Form AOCEFC). Organizations like Community Legal Services and DNA People's Legal Services also provide free legal aid in Arizona.

Under A.R.S. § 25-403.03, Arizona courts apply a rebuttable presumption that awarding sole or joint legal decision-making to a parent who has committed an act of domestic violence is contrary to the child's best interests. The abusive parent must prove to the court that giving them custody is in the child's best interest. This is one of the strongest legal protections available to you.

Keep a journal of incidents your children witnessed or were involved in, including dates and descriptions. Courts consider whether children were exposed to domestic violence when making custody determinations under A.R.S. § 25-403(A)(8). This documentation strengthens your custody case and any request to limit the abuser's parenting time.

Arizona requires a parenting plan for all divorces with minor children, addressing both legal decision-making authority and parenting time schedules. In domestic violence cases, your plan may include supervised visitation, third-party exchanges at a neutral location (such as a police station), no direct communication requirements, and restrictions on overnight stays. An attorney or DV advocate can help you draft a safety-focused plan.

In complex or high-conflict domestic violence cases, you may ask the court to appoint a Guardian ad Litem (GAL) — an attorney or trained advocate who represents your children's best interests independently. The GAL will investigate and make recommendations to the court about custody and parenting time.

If you need to relocate with your children — even within Arizona — and the other parent has or is seeking parenting time, you must provide 45 days written notice under A.R.S. § 25-408. However, in domestic violence situations where immediate safety is at risk, you may be able to seek an emergency court order to relocate without the full notice period. Consult your attorney before moving with the children.

Children who have witnessed or experienced domestic violence often benefit from trauma-informed counseling. Many Arizona DV organizations offer free or low-cost counseling for children. Documenting that your children are receiving support also demonstrates to the court your commitment to their wellbeing and recovery.

As soon as it is safe to do so, open a bank account and credit card solely in your name, at a bank your abuser does not use. Direct your paycheck or any income to this account. Under the Preliminary Injunction issued at filing, you are both prohibited from dissipating marital assets, but you are entitled to use community funds for ordinary living expenses.

Request free credit reports from all three bureaus (Equifax, Experian, TransUnion) at AnnualCreditReport.com to identify all debts, joint accounts, and any accounts opened in your name without your knowledge — a common form of economic abuse. Consider placing a credit freeze to prevent your abuser from opening new accounts in your name.

Arizona's community property law presumes that assets and debts acquired during the marriage belong equally to both spouses. Create a complete inventory of all property: real estate, vehicles, bank accounts, retirement accounts (401k, IRA, pension), investments, businesses, and debts. Your attorney can use formal discovery tools if your abuser has hidden assets.

Arizona courts may award spousal maintenance (alimony) under A.R.S. § 25-319 if you lack sufficient property, were out of the workforce due to the marriage, or cannot support yourself. Economic abuse — such as being prevented from working or having your career sabotaged — is a relevant factor. Duration is often tied to the length of the marriage.

Retirement accounts (401k, pension, IRA) accumulated during the marriage are community property in Arizona. A Qualified Domestic Relations Order (QDRO) may be needed to divide employer-sponsored retirement accounts without tax penalties. Do not overlook health insurance — if you are on your spouse's plan, you will need to arrange alternative coverage after the divorce is finalized.

Economic abusers frequently hide assets, underreport income, or transfer property to family members before or during divorce. Your attorney can compel financial disclosure through the formal discovery process, subpoena bank records, and retain a forensic accountant if necessary. Arizona law requires full financial disclosure from both parties.

After your divorce is finalized, update your will, beneficiary designations on life insurance and retirement accounts, powers of attorney, and healthcare directives. Remove your ex-spouse from all accounts and ensure your new address is not discoverable if you remain in the ACP program.

An Arizona Order of Protection is valid for one year from the date it is served. If the threat of violence continues after the divorce, you can petition the court to renew it. If circumstances change — such as your ex-spouse violating the order or making new threats — contact law enforcement and your attorney immediately.

If your ex-spouse fails to pay court-ordered child support, contact the Arizona Department of Economic Security (DES) Division of Child Support Services (DCSS) to enforce the order. If they violate parenting time orders or attempt to use parenting time exchanges to harass you, document every incident and report violations to your attorney and the court.

The divorce decree does not always end the danger. Continue working with a DV advocate, therapist, or support group as you rebuild your life. The Arizona Coalition to End Sexual and Domestic Violence (acesdv.org) can connect you with ongoing resources including legal advocacy, housing assistance, and financial empowerment programs.

Many domestic violence survivors face significant financial challenges after leaving. Explore resources like workforce development programs, Arizona's Temporary Assistance for Needy Families (TANF), and nonprofit financial coaching services. Establishing your own credit history, employment, and savings is an essential part of long-term safety and independence.

If you share children with your abuser, co-parenting communication should be strictly limited to child-related matters and conducted through documented channels — consider using a court-approved co-parenting app like TalkingParents or OurFamilyWizard, which logs all messages. Avoid all in-person contact at exchanges; use a neutral third party or a supervised exchange center.