Arizona Divorce Steps

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A divorce is described as formal ending of a marriage formed by two individuals. It a painful stage in the marriage proceeding where partners get physically and socially separate from each other because of conflicts between them. A dissolution of marriage can have many adverse effects on the life of a couple. But, sometimes it is a necessity to put an end to constant differences and fights between spouses. To follow a termination procedure it is necessary to know the steps of legal dissolution in residing state. Like every other state, Arizona grants divorce according to the rules and regulations mentioned in its family law.

Arizona Divorce Steps regarding filing of the documents

In order to initiate the divorce proceedings, the following documents must be filed in the court

  • Domestic relations cover sheet
  • Notice regarding creditors
  • Notice of right of health insurance
  • Preliminary injunction
  • Petition for dissolution of marriage
  • Summons

If the divorcing couple has the minor children, the below mentioned documents are essential.

  • Order and Notice to attend Parent Information Program Class
  • Child Support Information Sheet

Arizona Divorce Steps after filing the documents

  • When there is a friendly relation between the partners, the law firm asks the responding partner to make a signature on the Acceptance of Service of Process. After this signature is made, the need of formal service of process does not exist. These couples can opt for types of mutual divorce. Also, there are alternative solutions available if both spouses agree on the terms of divorce
  • The responding party might not accept service of process. In some circumstances, the petitioning party might desire to serve the responding party personally. In both these conditions, the law firms use a process server, who delivers the documents personally. It is important to receive acceptance proof for such service as that is required in the court
  • The divorcing partners might not be successful in resolving all issues and stipulating a consent decree. Hence, the responding partner is expected to file a Response to the petition of dissolution
  • If it is assumed that the divorcing partners accede with each other about all topics of the divorce like
    • Spousal maintenance or alimony
    • Debt issues
    • Property issues
    • Child support
    • Parenting time
    • Custody
    • Any financial issues

  • In these circumstances, the divorcing partners can obtain a consent decree. It is nothing but a mutual agreement of dissolution of marriage. In this case, there is no need to go to court. The law firm drafts the following documents:
    • The settlement agreement
    • The Consent Decree
    • Any other relevant documents

  • If the divorcing couple has children, the law firm has to draft the following additional documents
    • Child support worksheet
    • Parenting plan explaining the arrangements of upbringing of the child
    • Other relevant documents

  • The law has prescribed a waiting period of 60 days from the date of service of process. The divorcing partners must file all the above mentioned documents after the expiry of the waiting period
  • This method of Consent Decree is the quickest and least costly manner of procuring a disintegration of the union
  • If the divorcing partners fail to obtain a dissolution by Consent Decree method, the only other option is by trial
  • The divorcing partners file a document with the court to procure a trial date. This document is used to convey to the court that the partners are willing to begin a trial
  • The court schedules a pretrial hearing
  • During the pretrial hearing, the court confirms whether the two partners have revealed the essential information to one another
  • Then, the court schedules the case for trial
  • The case is trailed in the presence of an assigned judge and does not comprise of juries
  • Usually, the duration of one trial session is half a day. However sometimes more time is essential in case; the case is complicated or there are number of cases to be heard
  • In a trial, the divorcing partners put forth evidences, exhibits and testimonies to endorse their say
  • At the end of a trial, the court mentions the specific orders and findings in a divorce decree

It is necessary to note that these steps are generic in nature. Every case has its own specifications and thus, steps of a procedure will vary accordingly. But, these explanation may assist you to get a clear idea about a legal process and requirements for a dissolution of marriage in Arizona.

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