Opening a process server's envelope and finding a divorce petition inside is one of the worst moments a lot of people ever experience. Take a breath. You have 20 days to respond if you were served in Arizona, 30 days if you were served outside Arizona. The most important thing you can do in the first 48 hours is read the petition carefully and decide whether you're going to respond. Doing nothing is the one option that almost always makes things worse.
What you just received
The packet you were served typically contains:
- The Petition for Dissolution of Marriage — the document that starts the divorce, stating what your spouse is asking for
- The Summons — the court's formal notice that you must respond within a specific time period
- A Preliminary Injunction — automatically issued in every Arizona divorce, prohibiting both spouses from transferring property, taking children out of state, or canceling insurance
- Notice of Right to Convert Health Insurance — required Arizona disclosure
- If children are involved: Notice Regarding Creditors and Parent Information Program materials
Read every page, including the Preliminary Injunction. Violating it — even accidentally, even before you've responded — can be used against you later.
The 20-day (or 30-day) clock
Your response deadline is the most important fact about your case right now. Count from the date of service, not the date on the papers.
| Where you were served | Response deadline |
|---|---|
| Inside Arizona | 20 days from service |
| Outside Arizona (another state or country) | 30 days from service |
| Military deployed overseas | May qualify for extensions under the Servicemembers Civil Relief Act |
If the deadline falls on a weekend or court holiday, you generally have until the next business day. But don't push it — filing a few days early is smart insurance.
What happens if you don't respond
After your deadline passes with no response filed, your spouse can file an Application and Affidavit for Default. This gives you one more formal notice — usually another 10 days — to respond. If you still don't respond, the court can enter a default judgment granting the divorce on the terms in the petition.
A default judgment can include:
- Legal decision-making and parenting time for children (even if the arrangement isn't what you'd want)
- Child support calculated by the court
- Property division — the marital home, retirement accounts, vehicles, debts
- Spousal maintenance (alimony)
- Attorney's fees
Default judgments in Arizona are hard to undo once entered. Courts can set aside defaults for good cause, but "I was overwhelmed" is usually not enough. The window to vacate a default judgment is short, and getting a judgment back open takes significantly more time, money, and stress than responding in the first place.
How to file a response
A Response (sometimes called an Answer) is your formal statement to the court about what you agree with, what you disagree with, and what you want. You file it with the Clerk of the Superior Court in the county where the divorce was filed.
- Get the Response form from the Superior Court's self-service center website (or your attorney will prepare it)
- Go through the petition paragraph by paragraph and indicate whether you admit, deny, or lack information for each allegation
- State what you want (custody, support, property, spousal maintenance — everything the petition addresses)
- Pay the filing fee or request a fee waiver
- Serve a copy on your spouse (or their attorney)
Should you file a counter-petition?
Arizona allows you to file a counter-petition (also called a counterclaim) alongside or inside your response. This asks the court for affirmative relief on your own behalf — for example, requesting specific custody or property terms rather than just disagreeing with your spouse's proposed terms.
Most family law attorneys recommend a counter-petition in any contested case. It's cheap (often no additional filing fee when filed with the response) and it protects you if your spouse later drops their petition.
What to do in the first 48 hours
- Don't sign anything. If your spouse or their attorney sends over a "simple settlement agreement," put it aside until you've read the petition and consulted with someone.
- Secure your financial records. Pull statements for bank accounts, retirement accounts, credit cards, and any joint accounts. Take photos of valuable property. This is about documentation, not hiding assets — the Preliminary Injunction already prohibits transfers.
- Protect your communications. Assume anything you write, text, or post could end up in court. That includes emails to mutual friends and social media posts.
- Don't leave the marital home abruptly without talking to a lawyer first. Leaving can affect later arguments about custody and property.
- Don't move children out of state. The Preliminary Injunction prohibits it. Violations can badly damage your case.
- Schedule a consultation. Most family law attorneys offer free or low-cost initial consultations. Even if you plan to represent yourself, 45 minutes with an attorney will clarify what's worth fighting over and what isn't.
If you want to work things out amicably
Being served doesn't mean your marriage has to end in a contested war. It often just means your spouse wanted to formalize the process. If both of you want an amicable, efficient divorce, you can:
- File a Response that acknowledges the petition without contesting it, and submit a signed settlement agreement (called a Consent Decree)
- Use divorce mediation to work out terms outside of court
- Attempt collaborative divorce, where both spouses have lawyers but agree not to litigate
Even in amicable cases, filing a response is still usually the right move. Default divorces can leave loose ends that uncontested-but-responded divorces don't.
If you can't afford a lawyer
Arizona provides several resources:
- Self-service centers at every Superior Court — free forms and instructions, though staff cannot give legal advice
- Community Legal Services and Southern Arizona Legal Aid for those who qualify financially
- Volunteer Lawyers Program through county bar associations
- Limited-scope representation — paying an attorney to handle just one piece of your case (drafting your response, handling temporary orders, etc.) rather than the whole thing
Frequently asked questions
What if I don't want a divorce?
That doesn't stop the divorce. Arizona is a no-fault state; one spouse's belief that the marriage is irretrievably broken is enough. Responding to the petition is still important — it protects your rights on custody, support, and property, even if the divorce itself is going forward.
Can I just ignore it if I agree with everything?
No. Even if you agree with everything, file a response or a signed Consent Decree. Ignoring the papers produces a default judgment, which can have terms you didn't notice in the petition — and a default is harder to modify later.
Do I have to hire a lawyer?
No, but many people do, especially when there are children, real estate, or retirement accounts involved. At minimum, a one-hour consultation is worth the cost. Many attorneys also offer flat fees for drafting a response or handling specific pieces of the case.
Can I respond after the deadline?
It's possible in some cases, but the longer you wait, the harder it gets. If a default has already been entered, you'll need to file a Motion to Set Aside the Default under Arizona Rules of Family Law Procedure, which requires showing good cause. Act immediately if you're past deadline — don't wait another day.
Does responding mean I'm fighting the divorce?
No. Responding just means you're participating. You can respond and still agree to everything. You can respond and disagree with specific points. The response is about preserving your voice, not about declaring war.