Is there a Cooling Off Period in Arizona Divorce?

Understanding the Mandatory Waiting Period for Divorce in Arizona

Our Tucson Divorce Attorneys talk about the Arizona Cooling Off Period when divorcing in Arizona. If considering filing for divorce in Arizona, you should contact an experienced Arizona Family Attorneys for advice.
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Divorce is a very emotional step in a person’s life. Often, once a person decides that they want a divorce, they want instant satisfaction. However, all too often, once cooler heads prevail and many couples reconcile. Imagine of divorce was instantaneous and then you got back together and had to go through the whole process of getting married again to the same person. Having a cooling off period makes sense for a lot of reasons. Read on as our Arizona Divorce Attorneys answer often asked questions about the cooling off period in Arizona with divorces.

What is a Cooling Off Period When it Comes to Divorce in Arizona?

Divorce laws can be vastly different between states, but most states have a mandatory waiting period for divorce, also known as a “cooling off period.” Your divorce can’t be finalized until the necessary cooling off period has been fulfilled.

In Arizona, the cooling off period begins on the date that your spouse is served with the divorce petition. The cooling off period in Arizona is 60 days, or two months.

Why is a Cooling Off Period Necessary?

Many people who file for divorce later change their mind and withdraw the petition, so a mandatory waiting period prevents these people from obtaining a divorce in the heat of the moment. The cooling off period is also useful because it gives the spouses time to try to reach a divorce settlement agreement on their own. This can help prevent hastily drafted agreements, or one spouse being pressured into accepting an agreement on the spot. If the spouses can agree on matters like property division, spousal maintenance, child support, and child custody, they can avoid their case going to trial. Otherwise, these matters can take months, or even years, to litigate.

Does Every State Have a Cooling Off Period?

Not every state has a cooling off period. Georgia, Montana, New Jersey, New Hampshire, New Mexico, and Nevada all omitted mandatory cooling off periods from their divorce laws. That doesn’t mean you can move to one of these states to avoid a cooling off period- you will still need to meet that state’s residency requirement before you are eligible to file divorce there. California’s cooling off period, which is 6 months, is the longest in the United States. Some states also create additional factors that can affect how long a cooling off period lasts. Idaho has a cooling off period of only 20 days, but that waiting period extends to 90 days if the couple has minor children.

How Long do I Have to Live in Arizona to File for Divorce?

You must live in Arizona for at least 90 days to meet the residency requirement to file divorce here. This 90 day requirement also applies to members of our armed forces who are stationed in Arizona. However, a child must live in 6 months before Arizona will have jurisdiction over child custody matters.

Does It Matter Who Files for Divorce First in Arizona?

Arizona is a no fault divorce state, so the spouse who files first, or the petitioner, doesn’t need to prove any misconduct by the other spouse, or the respondent, to be granted a divorce. You gain no advantage from filing first, and your filing fees could be slightly higher. In Arizona, the filing fee for a divorce petition is $349, and the filing fee for a response to a divorce petition is $274.

If your spouse lives in Arizona, they will have 20 days to file their response with the court after being served with the divorce petition. If your spouse lives in a state other than Arizona, they will have 30 days to respond. If your spouse fails to file a response, you will go through a process known as default. The divorce will be granted as you requested in the petition, and the cooling off period will begin as if your spouse had been served.

Our Arizona Family Lawyers Can Help You with Additional Cooling Off Period Questions.

Do you have more questions about how the cooling off period will come into play in your divorce case? Call the professionals at My AZ Lawyers for answers to your Arizona family law questions, as well as an economical quote for legal representation. Our Arizona Family Lawyers and AZ Divorce Attorneys even offer monthly payment plans to make quality divorce representation fit in your budget. The consultation is free, so schedule your consultation today!

Arizona Offices:

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: (480) 448-9800
Email: [email protected]
Website: https://myazlawyers.com/

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20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

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Tucson, AZ 85701
Office: (520) 441-1450

Avondale Location:
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: (623) 469-6603