If you have already decided to get a divorce, you probably already got familiar with the divorce procedures in Arizona. If not, learn where to begin, what steps you will need to take and what you’ll need to consider during the Arizona divorce process.
The very beginning of the discussion is the definition of divorce. Divorce is the legal process required to end a marriage. In Arizona, the legal term has been changed from divorce to marriage dissolution. There are many issues, considerations and decisions to be made during the divorce procedures. Some of the main issues that will require decisions include:
• Child Custody (now referred to as legal decision making and parenting time)
• Child Support
• Alimony (now referred to as spousal maintenance or spousal support)
• Marital Asset and Debt Division
• Attorney’s Fees/Costs
In some cases, divorcing parties are able to
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The Petition – to notify the court (and your spouse once they are served) that you intend to end the marriage. The Petition will list what you are asking for, i.e. child support, child custody, child visitation, spousal maintenance, property division, etc.
2. The Response – the Respondent (or your spouse) is entitled to file opposing papers. In Arizona, they must be filed within 20 days if you are in state or 30 days if you are out of state. If they are not filed, you will lose your right to present your side of the case to the court. If this happens the court may give your spouse everything requested in the Petition. This is called a default divorce.
3. Temporary Orders – to set the rules while the case is pending.
4. Discovery – This is the legal procedure for obtaining the information you are entitled to from the other side regarding the case.
5. Negotiated Settlement – It is often best if parties can resolve a case by agreement rather than by trial. When spouses craft their own divorce agreement it is referred to as a negotiated