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Appearing for a court hearing or using the mail-in procedure.
In order to start the action, the Petitioner must select the appropriate Petition, Decree and other forms depending upon whether the marriage has minor children or does not have minor children. The appropriate Decree forms are Decree a-b, Decree , Decree , Decree a and Decree b, which are numbered pages 1 to 5, respectively.
The Decree Forms are positioned the same as the Petition forms; the forms reiterate the Petition forms as a court order. Thus the information in the Decree forms must match the information on the Petition forms because the Petition is simply the requests granted in the Decree.
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The Conciliation Court provides marriage counseling services either prior to the divorce action or after it is final. Most counties do not require these forms if there are no minor children. Pima county requires it regardless of whether there are children or not.
- State Bar of Arizona :: Understanding Divorce;
- Divorce Without a Lawyer.
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In marriages with children, Form , which deals with the custody arrangements, becomes page 4 in the Petition, and Form becomes page 4 in the Decree. If the Respondent cannot or will not sign Form , Acceptance of Service, he or she must be served. One of four methods may be used to serve him or her with a Summons. The methods are as follows:.
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Service by Certified Mail, both inside and outside Arizona, and Service by Publication in a local newspaper are sometimes required when the Respondent cannot or will not be located or will not cooperate. Service by Certified mail can be used to send divorce papers to the last known address, either inside or outside Arizona. Service by Publication requires that the Summons be published in a local newspaper for four consecutive weeks.
When service is by publication, the court cannot order the Respondent to pay financial support to the Petitioner or children. Service by Publication also requires that the Petitioner make a diligent search "good faith" effort to locate the missing spouse before using it. The Respondent has a lawful right to answer a Petition for divorce. Doing so means he or she is most likely going to contest the action.
If he or she does not respond within a certain period, the Petitioner files for a default. In a family law action, the method of service determines the duration of the default period. Service by Petitioner when the Respondent signs the Form , Acceptance of Service, 21 days after the signing of the Acceptance. These papers must be served to the petitioner within days of filing in the court. Once the papers are served to the respondent, they have 20 days to answer.
Arizona law also enforces a day waiting period before a divorce can be finalized even when the responding party agrees to all the provisions set forth in the Petition. This allows for a couple different things to happen. If both parties agree with the divorce and the conditions of the divorce after the 60 days is up, the petitioner must file a Consent Decree. A judge or commissioner then reviews the consent decree, and if it is deemed reasonable, signs this Consent Decree.
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If there are any disagreements regarding property, debt, orders of financial support, and orders regarding the minor children, a hearing date will be set to determine if a trial is needed on the issues in dispute. Ultimately, any issues not agreed upon by the parties will be decided by the judge. How quickly the required steps can be scheduled depends on the caseload of the court and the availability of the parties. It could take a month to schedule a hearing, or it could take longer.
In Arizona, a default divorce is one form of divorce. If the respondent does not respond in any way to the initial divorce paperwork, and if that paperwork was properly served upon the respondent, the petitioner can file for a default divorce. This gives the respondent another ten days to respond.
However, the court will not divide community assets without a hearing; only the divorce will be granted. The majority of people do not have a covenant marriage. Going through a divorce is never easy.
Beyond the emotional toll divorce can take, knowing what paperwork to file and when is a major challenge. And, affordable or free legal assistance in Arizona can be difficult to come by. At the Arizona Legal Center, we can help. Our volunteers can walk you through the divorce process and talk about all of your options. We offer free consultations, so you can understand the process and know what to expect.
Do note that these fees are for limited-scope representation and charged on an hourly basis.
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You will also be required to pay a retainer up-front. At the ALC, we are making the law accessible to all by providing legal assistance for the public. The Arizona Legal Center provides free legal aid and consultations in Arizona only. We provide low-cost access to fee-for-service cases when determined appropriate by an attorney at the Center, but generally do not undertake full-scope representation.
Your email address will not be published. These detail matters such as where each party will stay during the hearing, how shared bills will be paid, and what type of behavior each must exhibit. Sometimes quick and painless, sometimes dragged-out and costly, the discovery process can either be done informally with lawyers which is always less expensive , or in the following three forms:.
Arizona Uncontested Divorce
During the Trial , both parties will present their cases to the judge with the help of a divorce attorney in Phoenix. The allocation of spousal maintenance is meant to help the receiving party maintain a suitable lifestyle and standard of living not unlike, but not necessarily the same standards of, what they became accustomed to during the marriage.
As such, the Court tends to equally divide the community, joint tenancies, and other shared properties- even if there was misconduct on behalf of one of the parties. However, the Court may order specific responsibility of a certain property or debt to one of the parties. Putting the fate of a divorce in the hands of a judge is always a risk, as they are human beings with personal viewpoints handing down decisions on incredibly intimate and personal matters such as the division of income and the general restructuring of lifestyles. Divorce is never easy, even when there are no children are involved.
Whatever route a particular divorce takes, the dedicated and aggressive divorce attorneys at Simon Law Group of AZ can help.