An emergency divorce situation can leave you feeling stuck, scared, or unsure of what to do next. But there is a path forward. You deserve to feel safe and heard.
When things at home have reached a breaking point, the idea of waiting months for a divorce to go through can feel unbearable. Maybe you’re facing threats, emotional manipulation, or financial control. Maybe you’re scared for your kids and unsure of what your next move should be. Whatever you’re going through, you need clear answers, real options, and someone who can help you act quickly.
When so much is on the line, can you file for an emergency divorce in Arizona, and what’s required to do it?
At Blake & Pulsifer, PLC, our Tempe divorce lawyers will walk you through everything, with the support and empathy you deserve. We can help you protect what you value most and keep you and your children safe.
Can You Get an Emergency Divorce in Arizona?
Arizona doesn’t offer a legal process called “emergency divorce.” The divorce itself still follows a timeline, including a mandatory 60-day waiting period after papers are served. Even in high-conflict or high-risk cases, the final divorce takes time.
But don’t lose hope. While the divorce process itself can’t be rushed beyond certain legal limits, the courts do allow emergency motions that can protect you and your family during a divorce.
This means you can ask for emergency orders before your divorce is finalized—especially when there’s a risk of harm, abuse, or financial danger. These emergency filings can include things like:
- Temporary custody of children
- Protection from domestic violence
- Orders to stop a spouse from draining bank accounts or selling property
- Exclusive use of the family home
These are called emergency temporary orders, and they can be filed right away—even before your spouse is served with divorce papers.
What Counts as an Emergency?
If you’re not sure whether your situation “counts” as an emergency, you’re not alone. It’s completely normal to question yourself in these situations. However, if something feels off—if you’re scared, overwhelmed, or just know in your gut that things aren’t okay—it’s worth talking to a lawyer. You don’t have to wait for things to get worse. Here are some real-life situations where Arizona courts may step in and treat the matter as an emergency.
Situations That May Qualify as an Emergency:
- You or your children are experiencing threats or harm
- You fear for your physical safety or your children’s safety
- Your spouse is trying to flee the state with your kids
- Your spouse has been arrested for domestic violence, child endangerment, or substance abuse.
- Money is being hidden, drained, or used recklessly
- You’ve been locked out of your own home or denied access to essential belongings, medications, or your children
- There’s a pattern of coercive or emotionally abusive behavior that’s escalating. This includes control over finances, isolation, monitoring your movements, or using the kids to manipulate you.
- Your spouse has stopped paying bills or cut off access to joint funds
- You’ve been served with false accusations or threats of legal action designed to intimidate you or take away custody.
- Your child has disclosed abuse, neglect, or inappropriate behavior by your spouse or someone in the home.
How Do You File for Emergency Orders in Arizona?
The process can move quickly—but it does have specific steps. Here’s a general overview of what happens:
Step 1: File a Petition for Dissolution (Divorce)
The first step is filing your divorce paperwork with the Arizona court. That’s what officially starts the process. You don’t have to figure it out on your own—our divorce attorneys in Tempe can take care of the paperwork and guide you through every step.
Step 2: Submit a Motion for Emergency Temporary Orders
This is where your legal team will go to work for you. We’ll explain the emergency and request the court’s immediate help. To do this, we must show the courts what is happening and why it is an emergency. We’ll want to include supporting evidence, such as texts, emails, police reports or witness statements.
Step 3: Request an Immediate (Ex Parte) Hearing
In extreme cases, the judge can issue an ex parte order, which means your spouse doesn’t have to be present or notified beforehand. This is only done when there’s a clear risk of serious harm or danger.
Step 4: Attend a Full Hearing (Usually Within 10 Days)
After the initial emergency order, the court will schedule a full hearing with both parties present. This gives everyone a chance to be heard, and the judge can decide whether the emergency orders should stay in place longer.
What Happens After Emergency Orders Are Granted?
Emergency orders are temporary. They’re meant to protect you and stabilize the situation until your divorce moves through the usual process.
After they’re granted:
- You’ll follow up with your regular divorce process, which includes serving your spouse, attending mediation (in some cases), and finalizing terms like custody, support, and property division.
- Your spouse has the right to respond to the emergency orders at a full hearing.
- The judge may adjust or extend orders depending on new information.
This phase is often confusing and emotionally draining. Having an experienced Tempe divorce attorney by your side can make all the difference—not just legally, but emotionally, too.
Contact Our Tempe Divorce Lawyers Today
An emergency divorce situation can leave you feeling stuck, scared, or unsure of what to do next. But there is a path forward. You deserve to feel safe and heard. And you deserve real legal support that lifts the burden off your shoulders.
Don’t wait to take care of your family’s future. Call Blake & Pulsifer today at 480-838-3000 or fill out our confidential contact form to get started.
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