How to File for Divorce in Arizona if Indigent

Residents of Arizona who are considered indigent or unable to afford civil court costs can apply for a waiver or deferral of filing fees associated with divorce proceedings. Individuals with a monthly income below 150 percent of federal poverty limit or who currently participate in a low income government program are eligible for assistance. Request a waiver or deferral of court fees by submitting an application to the county Superior Court with the initial petition for dissolution or at any time during divorce proceedings prior to issuance of the final decree.

• 1

  Obtain an application for deferral or waiver of court costs through the Superior Court of the county that has jurisdiction over the divorce. Applications are also available online at the county website. Print and complete the application in ink. Provide all required information to avoid denial of your request.

• 2

  Check the box to select waiver or deferral of court fees. A waiver should be requested if your circumstances render you permanently unable to pay. A deferral allows you to pay upon final judgment of the divorce or to request a schedule of payments.

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  Indicate the fees you need waived or deferred. Assistance with filing fees, service, summons, subpoena and publication costs is granted to eligible applicants.

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  Provide the reason assistance is required by checking the box next to the appropriate explanation of your circumstances.

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  Enter your total monthly income and available assets, including cash, bank accounts, stocks, bonds, retirement savings and equity in property such as your home or vehicles.

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  List the names of all dependents for whom you provide support and whose household expenses you pay, such as rent, mortgage, utilities, food, child care, spousal or child support, loans and credit card debt. Include any extraordinary expenses that impede your ability to pay court costs.

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  Provide proof of participation in government programs, such as Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI) for the disabled and food stamps.

• 8

  Sign and date the application under the Consent to Judgment section in the presence of a notary public or a witness at the Superior Court Clerk's office.

• 9

  Submit the application and two copies to the county Superior Court Clerk.