Arizona Divorce Records: Official Certificates, Decrees, and Search Options
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Divorce records in Arizona are official files regarding divorce case proceedings. Such records contain information on the divorcees, divorce date and location, financial or custody arrangements, and reasons for the divorce.
Divorce records are used for various legal procedures, including name changes, child custody cases, and the inheritance or transfer of assets. The records are also great for tracing ancestry or family ties. Arizona's public record law determines access to divorce records generated within the state courts. Such records are mainly accessible to the public via online or offline options.
Note: Arizona recorded a divorce rate of 3.1 per 1,000 residents, which is considerably higher than the national average of 2.4.
Official Types of Divorce Documentation in Arizona
In Arizona, divorce records are available in the following formats:
Divorce certificate: Arizona divorce certificates are official documents that contain basic information about the divorce case parties, the divorce date, and the location. This document type falls under the purview of some superior court clerks' offices.
Divorce decree: Divorce decrees are court documents that outline the final outcome of a divorce case proceeding. Thus, the record may include the final judgment, custody arrangement, alimony and other financial payments, and division of property. Arizona superior court clerks are the official custodians of divorce decrees.
Divorce case file: Unlike divorce decrees, divorce case files contain comprehensive information on all documents during a divorce case proceeding. The document might include complaints, summons, case dockets, financial statements, and tax information.
| Document Type | Issued By | Purpose | Contains |
|---|---|---|---|
| Divorce Decree/Judgment | Superior Court | Details of the settlement and terms | Rulings, custody orders, and property division |
| Divorce Case Records | Arizona Judicial Branch/Arizona State Archives/County or Court Clerks. | For genealogy or legal research. | All case-related documents, including complaints and summons. |
Public Access and Confidentiality of Arizona Divorce Records
Under Title 39 of the Arizona Legislature, the general public may view and obtain copies of most divorce information. Interested persons seeking to access the records may complete the requirements set by designated record custodians. For instance, the agencies may require search details like the names of the divorced parties before disclosing court records. There are also instances when agencies request a valid ID before disclosing certain records.
Publicly accessible divorce information includes the party names, divorce date, reasons for the divorce, and case dockets. However, Arizona may refuse access to divorce information whose disclosure may violate a person's right to safety. Case in point: financial statements and information on minors are often exempt from publicly accessible divorce records in Arizona. Such information is only accessible to the record subjects, immediate family members, legal representatives, and government entities:
Note: The state courts might also seal divorce records upon requests from named persons. Before granting the request, the court typically weighs the public's interest in the record against the petitioner's need for privacy.
What Information Do Arizona Divorce Records Include?
Divorce records in Arizona typically provide information on the following:
- Case party information, including names and residential addresses.
- Case number
- Divorce date and court location.
- Case-related information, such as complaints, summons, court judgments, and crime reports.
- Financial statements and alimony payments.
- Child custody agreements.
Note: The content of a divorce record may vary based on the document type and level of access. Public members are generally unable to access confidential divorce information, such as financial statements.
Procedures for Locating Divorce Records in Arizona
In Arizona, persons or entities may locate divorce records via online or offline resources provided by government entities. The state's Judicial Branch maintains an online searchable database of divorce case files. In contrast, the superior courts may allow mail-in or in-person requests for court records.
Online searches for court records are mostly free, while inquirers may pay specific fees to access physical copies of the records. For example, the Maricopa County Clerk of Superior Court charges $0.5 per page of requested court documents.
| Record Source | Office or Platform | Years Covered | Access Type | Fees |
|---|---|---|---|---|
| Judiciary Portal | Arizona Judicial Branch | All years | Case search | Free |
| County Clerks | Local Superior Courts | 1950 to the present | Certified decrees and case files | $0.5 per copy and $35 for certification. |
| State Archives / Library | Historical Records | Pre-1950s | Case search | Minimal copy fees |
How to Request Certified Copies of Divorce Records in Arizona
In Arizona, a certified divorce document bears the seal of authentication from the court clerk or other authorized parties. Such documents are important for various legal processes, including name changes and property disputes. Record subjects or interested parties may request certified divorce records by following this guide:
Step 1. Identify the court where the divorce was finalized.
Local superior courts in Arizona have jurisdiction over divorce cases. The court clerk may function as the official record custodian of divorce cases filed in the courthouse.
So, your first step is to determine where the case was filed. For example, the Maricopa County Superior Court handles divorce cases heard within the county. The court's clerk also keeps records of divorce cases from 1950 to the present. However, earlier versions of divorce records are under the purview of the Arizona State Archives.
Note: Some local recorders' offices may maintain divorce records and provide access to them.
Step 2. Contact the clerk's office.
The next step is to determine how the court clerk discloses court records to inquirers. Superior court clerks may offer mail-in or in-person access to certified divorce documents. You may find information on available options by visiting the court clerk's website or in person at their physical location. The Maricopa County Superior Court allows in-person and online-based requests for certified court documents. To obtain court records in person, inquirers must visit the court clerk during business hours at any of these locations:
Customer Service Center
601 West Jackson
Phoenix, AZ 85003
Northwest Regional Court Center
14264 West Tierra
Buena Lane Surprise, AZ 85374
Southeast Court Complex
222 East Javelina Avenue
Mesa, AZ 85210
Northeast Regional Court Center
18380 North 40th Street
Suite 120
Phoenix, AZ 85032.
On the other hand, inquirers may request a certified divorce document by completing the clerk's online request form. The court typically processes the request and forwards the requested files to the inquirer's mail address.
Step 3. Provide the necessary details.
You are typically required to provide information that helps the record custodian retrieve the court document. The required search information may include the case party name, document number, or divorce year. However, you may need to provide a valid ID when requesting confidential court documents.
Step 4. Pay the required fee.
Superior court clerks may charge different fees for certified divorce records. The Maricopa superior court clerk, for instance, charges $35 per certification and $0.5 for each copy. In contrast, you are typically required to pay $3 per certified divorce document obtained from the Pima County Recorder's Office.
| Copy Type | Where to Request | Who may Order | Legal Use |
|---|---|---|---|
| Certified Certificate | County clerk/ Court/ Recorder's office | All parties | Proof for remarriage, name change, and property dispute. |
| Certified Decree | County Clerk / Court | All parties | Legal enforcement |
| Informational Copy | Archives | Anyone (if allowed) | Genealogical/historical use |
Why Search for Divorce Records in Arizona?
In Arizona, the public may search for divorce records for a host of reasons, such as the following:
- For name changes and probate-related matters: Divorce records show proof of relationship and are crucial in legal processes like name changes and property disputes. You also need the record when applying for a marriage license.
- For genealogy research, the Arizona State Archives maintains divorce records that are more than 100 years old. Such documents help researchers to trace ancestry or lineage. Public members might also use this record to locate lost family members.
- For a marriage license application: Divorcees are legally required to provide proof of divorce when filing a marriage application. The court typically only proceeds with the application after determining that the applicant has no existing marriage.
How Long Are Divorce Records Kept in Arizona?
Divorce records are kept permanently in Arizona. The local superior court or other custodian entities maintain the records for 50 years before transferring them to the State Archives.
Both entities are legally required to release divorce records in their custody upon requests from the public. However, these entities may redact or withhold access to sealed or confidential divorce information. Only eligible parties, such as record subjects and case parties, may access the record.