Arizona Divorce Records
Divorce in Arizona is a significant life event that involves complex legal processes. Arizona divorce laws are designed to provide a fair and equitable resolution to issues arising from ending a legal union. Arizona is a no-fault divorce state. A spouse does not need to prove wrongdoing to obtain a divorce. One of the spouses must reside in Arizona for 90 days to file the petition for a divorce. Arizona is a community property state. All properties and debts acquired during the marriage are divided equally between the spouses.
In Arizona, a divorce is called a Dissolution of Marriage, and they are public records. However, there are exceptions, especially when they involve minors or sensitive information. Divorce records are generally accessible at the county Superior Court Clerk's Office, where the divorce is finalized. The divorce rate for Arizona stood at 2.3 divorces per 1,000 residents in 2022. Arizona's divorce rate aligns with the national average of 2.4 divorces per 1,000 residents.
What are Divorce Records?
Divorce records are official documents that detail the legal dissolution of a marital union in Arizona. Divorce records include various forms and information that are essential for the legal termination of marriage. Divorce records hold information on the parties involved, the terms of the divorce, and any court orders related to the dissolution. Typically, divorce records in Arizona comprise the following:
- Divorce Decree: The final judgment issued by the court outlining the conditions for the divorce
- Divorce Certificate: A document confirming the divorce has been finalized
- Case File: The complete collection of all documents filed in the divorce proceedings, such as petitions, responses, motions, and court orders
Maintaining divorce records holds several merits in Arizona. Divorce records are public documents. Therefore, it ensures that the judicial system is transparent and accountable. Divorce records provide historical records for individuals and their descendants. Furthermore, divorce records protect the legal rights of the divorcing parties and their children. It ensures that court orders are enforced. Also, divorce records may be used as precedence for future court proceedings.
The creation of divorce records begins when a spouse files a petition for Dissolution of Marriage with the Clerk of the Superior Court in the county where they reside. A court proceeding becomes necessary when parties cannot agree on the divorce terms. Once all terms are agreed upon or ordered by the courts, the judge signs a decree finalizing the divorce.
The Arizona Department of Health Services (AZDHS) maintains a central registry of divorce records for statistical purposes. Generally, divorce records in Arizona contain the following information:
- Personal information, which includes the names, addresses, date of birth, and social security numbers of both spouses
- The court location and case file number
- Marriage Details such as the date and place of marriage and information about any previous marriages
- Grounds for Divorce. It states the reason for the dissolution of the marriage
- Children's information, including their names, ages, and custody arrangements
- Financial information such as the debts, income, assets, and financial agreements of the divorcing couple
- Property Division. How the couple may divide their debts and assets
- Support orders, which contain information on alimony and child support arrangements
- Court orders. All temporary or permanent orders issued by the courts, such as a restraining order
Are Divorce Records Public in Arizona?
Yes. Divorce records are public records in Arizona. Per Arizona Public Records Law, any record in the custody of an Arizona government entity with substantial connection to government activities is considered a public record and is subject to public disclosure. The law grants the public the right to inspect, view, or obtain copies of public records, including divorce records.
In Arizona, the case information, including the couple's names, case numbers, and filing dates, is accessible to the public. The public may also view information on the final divorce decree, which outlines the court's final decision regarding the divorce and may include the division of property, child and spousal support, and visitation rights. Arizona law permits public access to the petition for dissolution of marriage, which is the initial document filed by one of the spouses to start the divorce process. Lastly, the court orders and judgment throughout the divorce proceedings are open to the public.
In most circumstances, anyone can request or obtain copies of divorce records in the state. However, certain circumstances may lead to parts or all of the divorce records being sealed or restricted from public access. These circumstances include:
- Confidential Information: Divorce records containing sensitive information such as social security numbers, financial account details, protected health information, or information about minors are redacted or sealed to protect privacy
- Court Orders: A judge may seal divorce records or portions of the record if there is a compelling reason, such as protecting the privacy of parties involved, especially if they are high-profile individuals, or to prevent harm or harassment
- Request by Parties: Divorce records become inaccessible to the public when parties to the divorce request the court to seal the records
Where parts or all of the divorce records are sealed, a court order is required to access them.
Divorce Stats and Rates in Arizona
The divorce rate in Arizona has been on a gradual decline in recent years. The National Center for Health Statistics reports that in 2022, Arizona had a divorce rate of 2.3 divorces per 1,000. This rate aligns with the national average of 2.4 divorces per 1,000 people. Arizona’s divorce rate has been on a decline over the years. In 2016, the state recorded 3.4 divorces per 1,000 residents. By 2018, the rate reduced to 3.0 divorces per 1,000 residents. The divorce rates for 2020 and 2021 saw a further decline, with the state recording 2.9 divorces per 1,000 and 2.7 divorces per 1,000. Over the last 20 years, Arizona had its highest divorce rate in 2002 at 4.8 divorce per 1,000 residents.
Also, the National Center for Health Statistics provides a detailed report on the divorce rate per state. Per the report, approximately 40-50% of first marriages end in divorce, while up to 67% and 74% of second and third marriages end in divorce in Arizona. These figures are consistent with the national average.
Grounds for Divorce in Arizona
In Arizona, marriages are classified into two types: Covenant and non-covenant marriages. The grounds for filing a divorce in the state depend on the type of marriage contract entered.
Non-Covenant Marriages
They are the standard form of marriage in Arizona. The divorce process for non-covenant marriages is straightforward and based on a no-fault principle. Couples can seek divorce without assigning blame or proving wrongdoing by either party. An individual in a non-covenant marriage does not need to prove that the other party did something wrong to warrant the filing of a divorce petition. For instance, neither party needs to disclose that the marriage is ending due to fraud, financial responsibility, or infidelity in their petition. However, Section 25-312 of the Arizona State Statutes require the petition for marriage dissolution to state "irretrievably broken". Irretrievably broken implies that there is no reasonable prospect of reconciliation.
Covenant Marriages
A covenant marriage recognized under Arizona law aims to provide an option for couples who wish to commit to a more binding form of marriage, reducing the likelihood of divorce. It requires the couple to undergo premarital counseling and accept more restrictive grounds for divorce. Since covenant marriages are intended to last for the rest of the couple's lives, the couple must seek and complete martial counseling before filing for divorce.
In a covenant marriage, one spouse to the union must prove that the other acted in a manner that is consistent with someone disinterested in continuing the marriage commitment. Covenant marriage is more difficult to terminate through a divorce. Section 25-903 of the Arizona State Statutes provides the grounds for which a covenant marriage may be dissolved. They include:
- Adultery by the other spouse
- Physical or sexual abuse of the spouse or children
- Abandonment for at least one year
- Habitual substance abuse
- Commission of a felony and imprisonment of the spouse
- Living separately and apart continuously without reconciliation for up to two years
- Both spouses agreeing to a divorce
How to File for Divorce in Arizona
To initiate a divorce in Arizona, one or both partners must fulfill the following legal requirements:
- Residency Requirement: At least one spouse must be a resident of Arizona for at least 90 days before filing for the petition for Dissolution of marriage
- Grounds for Divorce: Arizona permits no-fault and fault-based grounds for marriage dissolution
- Legal Separation: Before filing for divorce, spouses may consider legal separation
Steps to Filing for a Divorce in Arizona
- Prepare the Petition: Prepare the petition for the marriage dissolution. The document must outline basic information about the marriage, the parties involved, and the desired terms of the divorce
- File the Petition: File the petition with the Clerk of the Superior Court in the county where either spouse resides
- Serve the Petition: After filing, the other spouse must be served with a copy of the petition and summons
- Waiting Period: There is a mandatory waiting period per Section 25-329 of the ARS. The waiting period is 60 days from the date the respondent is served with the petition before the divorce can be finalized
- Response and Negotiation: The respondent files a response to the petition. Both parties may negotiate to reach an agreement on issues such as child custody, support, and division of assets
- Court Hearing: It becomes necessary when the couple cannot resolve their disputes through negotiation. A judge makes a decision based on the contested issues
- Final Decree: Where agreements are reached through negotiations or by the courts, a Decree of Dissolution of Marriage is issued, legally terminating the marriage and detailing the terms of the divorce
Arizona Divorce Decree
Arizona divorce decree is the final court order issued by the court that legally ends a marriage. Divorce decree outlines the terms and conditions of the divorce, including the division of assets and debts, child custody arrangements, and child and spousal support. A divorce decree is issued by a judge of the Superior Court in the county where the divorce petition was filed. Once signed by the judge, the divorce decree becomes a binding legal document.
An Arizona divorce decree contains the identification information of both parties, case number, court jurisdiction, the date the decree is issued, and the legal basis for the dissolution of the marriage. It also specifies how the marital property and debts are divided between the spouses, the terms and conditions for spousal support, child custody arrangement, visitation schedules, the amount payable as child support, and provision for healthcare and other expenses for the children.
In Arizona, the Clerk of the Superior Court in the county where the divorce was filed maintains the decree. Each county's Superior Court Clerk's Office handles the filing of divorce decrees and related documents. Some counties provide online services for requesting copies of divorce records.
How to Find and Access Arizona Divorce Records
In Arizona, all divorce records are accessible at the Clerk of the Superior Court, where the divorce decree was issued. Although the AZDHS maintains a central registry of divorce records, they can only provide verification letters. The AZDHS does not provide certified copies of the divorce decrees.
Online Access
Many counties in Arizona have online portals where you can search for and request copies of divorce records from the County Clerk of the Superior Court. In addition, the Arizona Judicial Branch eAccess Portal provides access to court records, including divorce records from across Arizona counties. Interested persons may search the database by name or case number to retrieve divorce records.
Offline Access
Offline access to court records is available through in-person visits at the courthouse. The court also entertains requests for divorce records by mail requests. Record seekers may provide the necessary information, such as the party names, case numbers, and divorce dates, to obtain copies of the divorce records.
Third-Party Services
Several third-party websites grant access to public records, including Arizona divorce records. These services often charge a fee and can provide quick access to records. However, the searcher should exercise caution when using these services as the records may be inaccurate or incomplete or lead to a breach of privacy.
References
- https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-marriage-rates-90-95-00-22.pdf
- https://www.azleg.gov/arsDetail/?title=39
- https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-divorce-rates-90-95-00-22.pdf
- https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00312.htm
- https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00903.htm
- https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00329.htm
- https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00325.htm
- https://www.azcourts.gov/AZ-Courts/AZ-Courts-Locator
- https://www.azdhs.gov/policy-intergovernmental-affairs/vital-records/index.php#marriage-divorce-records
- https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx
- https://azlibrary.gov/arm/contact
- https://www.cdc.gov/nchs/nvss/marriage-divorce.htm