Arizona Divorce Procedures

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Divorce is legally termed as 'dissolution of marriage'. When couples find it hard to continue their married relationship, they opt for divorce. This process involves a lot of court trials and procedures. In USA, where almost half of the marriages are unsuccessful, divorce has become a common phenomenon amongst married couples within the society. As a result, different states of the nation have formed a number of divorce laws. For example, the divorce procedures followed in California are quite different than those in Arizona. It is necessary to gather some basic information about the state's divorce procedures, from where the spouse has filed for the case.

To give you an overview of Arizona divorce procedures, we need to discuss significant topics like forms and documents, Service of Process, consent decree, etc. Besides these, it is important to know about temporary orders. Couples who file for cases with multiple issues can simply go for temporary orders because the final trial is most likely to be held after an extended period of time. Temporary orders are enforced till the divorce procedure is in progress. The divorcing partners request for temporary orders regarding the following topics.

  • Use of property
  • Access to financial accounts
  • Payment of debts
  • Attorneys fees
  • Temporary use of the house
  • Spousal maintenance
  • Child support
  • Visitation
  • Child custody
  • Other issues

The important aspects of divorce proceedings in Arizona are described as below:

Essential forms in Arizona Divorce Procedure

Like any other legal matter, a number of documents are to be produced in the court before and during the divorce process. In order to initiate the divorce procedure, the below mentioned documents must be filed and presented in the court:

  • Petition
  • Summons
  • Domestic Relations Cover Sheet
  • Notice regarding creditors
  • Notice of right of Health Insurance
  • Preliminary Injunction
  • Order and Notice to attend Parent Information Program Class (if minor children are involved)
  • Child Support Information Sheet (if minor children are involved)

Arizona Divorce Procedure regarding Service of Process

In case the relation between the divorcing partners is sufficiently friendly, then the Respondent may sign an Acceptance of Service of Process. If this signature is made, the necessity of formal service of process is no longer present. However, if the relations are sour, then the Petitioner has to serve the Respondent in person. Alternatively, a process server can be hired to serve the documents in person.

Consent Decree

When the situation is such that both the divorcing partners agree with each other about the issues of the divorce, then the divorcing partners can avoid going to court and stipulate all terms, and procure a consent decree. There are divorce firms which draft the consent decree, the settlement agreement as well as any other related forms.

If the divorce involves children, the divorce firms can help in drafting child support worksheet, a parenting plan and other essential documents. From the date of service of process, the divorcing partners must wait for minimum 60 days to file the forms of the consent decree. It can be easily seen that this is the quickest and least expensive method of getting a divorce.

Some points regarding Trial

  • The divorcing partners must file a document in the court that leads to the procurement of the trial date, where the intention behind presenting this document is to convey to the court that the partners are seeking a trial.
  • The court arranges a pretrial hearing, where it is confirmed by the court whether the divorcing partners have furnished the essential information to each other.
  • In this state, juries are not related to trials, the assigned judge oversees them
  • Ideally, a trial last for about half a day, and is likely to be extended
  • In course of the trial, the divorcing partners furnish proof, exhibits and testimony to endorse their say
  • At the conclusion of the trial, the court enters a divorce decree that consists of particular findings and orders

Resolution Management Conferences

If the court forms an opinion that the case is not being settled quickly, then the court arranges minimum one Resolution Management Conference. In course of this conference, the court enquires if the divorcing partners have exchanged all necessary documents and if any agreement has been reached. Moreover, the court may issue interim orders about payment of bills, support and other related orders.

While reading these Arizona divorce procedures, you can have a virtual experience of what may happen during court trials. Manage your finances and prepare your documents, because once the stressful proceedings start, you will be left with little time for anything else.

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