Divorce default hearing in arizona
The first step is for the Petitioner the spouse who is seeking the divorce to fill out and file a form asking the court the dissolve his or her marriage. The Petitioner must state the reason for the divorce. The petition will also state the details of any children of the marriage, the length of residence in Arizona and any relief that the Petitioner wants to ask from the court.
The necessary forms for seeking the dissolution of marriage will be filled out by your lawyer, but you can also obtain them directly from the court. The Petitioner will then arrange with the court to serve the divorce papers to the Respondent. The court papers can only be delivered in a manner permitted by law, and proof of proper delivery must be filed with the court.
Arizona Superior Court in Pima County - Family Law Forms
Service can be arranged through a Registered Process Server , so that the court can verify that the person has received the petition. Both of these options have fees. If you serve the divorce papers on your spouse yourself, then you must obtain his or her signature on a Family Court Acceptance of Service Form to ensure that the service meets the legal requirements. The Respondent the one who is served the divorce papers must then then file a response.
Common Divorce Questions
If the Respondent lives in Arizona, he or she must file a response within 20 days of being served the form. If the Respondent lives outside of Arizona, they must file a response within 30 days. The time to file the response starts counting from the day after the service was done. When you receive the copy of the divorce petition, it is very important to file a response. If the court does not receive any response from the Respondent, the Petitioner can apply for a default hearing for the court to grant the divorce.
At the end of the cooling off period, it is usually apparent to everyone whether the divorce will be uncontested or contested. Either the parties can agree on the terms of the divorce, or they cannot agree. Some potential issues may crop up, including how to share property, who gets custody of the children, and other matters involving the marriage. Either way, the court will have to hear the issues between the parties, and both parties have to appear at the court on a date that is assigned to them by the court clerk.
If you and your partner are able to come to an agreement about your divorce, then you can file a consent decree 60 days after the divorce papers were first served. If you and your partner do not agree, then you will need go to court for trial to determine the issues between you see option 2 below for contested divorce. The best way that you and your spouse can speed up the divorce process is by pursuing an uncontested divorce.
As opposed to a contested separation that can potentially take many months to years, consensual divorce agreements can be completed from start to finish in as little as 90 days. If you and your spouse are able to come to an agreement regarding the terms of your separation, you can file a consent decree and potentially have your divorce finalized before your first court date. These statutes may be found at www.
You or your spouse must have been a resident of Arizona for at least 90 days before you can file for a divorce.
How Long Does It Take To Get A Divorce In Arizona?
Arizona is a no-fault state, which means that neither spouse needs to give a reason for the divorce. Only one party needs to assert that he or she believes the marriage is "irretrievably broken. Everyone is entitled to represent himself or herself in a divorce.
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However, if you represent yourself, the court will expect you to follow all laws and the correct procedures that apply to your case, even if you are not an attorney. If you do not follow the correct procedures, you could lose important rights and the ability to request certain benefits forever. If your case goes to trial and you do not follow the correct procedures, the judge may not allow you to present certain evidence or call witnesses. Court personnel and judges are not allowed to give you legal advice. If you do not understand the laws or court procedures, you may contact an attorney for assistance.
In certain circumstances, a judge may order your spouse to pay all or a portion of your attorney's fees. After the Petition for Dissolution of Marriage is filed, copies of all of the papers must be served on your spouse unless service is waived in writing and filed with the court. Your spouse has 20 days if served in Arizona or 30 days if served outside of Arizona to respond to the Petition for Dissolution of Marriage.
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If your spouse fails to file a Response within those 20 days, the other spouse can apply for a default. After a request for default is filed, your spouse only has 10 days to file a Response or risk the divorce being granted on all of the terms of the petitioning spouse. If no Response is filed, at the end of the "cooling off" period of 60 days after the Respondent is served with the divorce papers, the Petitioner may obtain a Default Decree of Dissolution of Marriage. If a Response is filed but both parties reach an agreement as to all issues, they can submit a Consent Decree of Dissolution of Marriage that sets forth all of their agreements for the judge to sign.
Rule 45 B. If your spouse does not want the divorce, he or she may request that the parties attend a conciliation meeting with the court. The divorce will be put on hold for up to 60 days while that meeting takes place. If the meeting does not result in the parties agreeing to postpone the divorce, the divorce will go forward. If you and your spouse do not agree on a particular issue, such as custody of children, spousal maintenance, or division of property, it may be necessary to have a judge decide these issues for you. You must then request a trial in order to finalize your divorce.
The procedure for requesting a trial varies from county to county. You should seek the advice of an attorney if you are not able to determine how to obtain a trial date. Many courts have information and forms available to the public either in their law libraries or their websites. It is not possible to be divorced any sooner even if both parties agree. If the parties do not agree on the terms of the divorce, a trial will be set.
Depending on the county, these proceedings could take as long as six to nine months before a divorce would become final.
How Long Does It Take To Get A Divorce In Arizona?
Determine custody, parenting time and support of the minor children, if any. Divide property acquired during the marriage, and affirm property owned prior to the marriage if any to the party who owned it. Assign responsibility for debts incurred during the marriage, and affirm debts owned prior to marriage if any to the party who owed them. While your divorce is pending, you may apply for temporary orders regarding custody, parenting time, child support, spousal maintenance, attorney fees, and other matters. The procedure to request a hearing for temporary matters varies from county to county.
You should seek the advice of an attorney if you are not able to determine how to obtain a hearing for temporary orders. A Preliminary Injunction is a form of restraining order which is issued at the beginning of every divorce case.
The Preliminary Injunction is issued tobothparties and requires that neither party harass the other, that no community property is sold, that existing insurance is maintained and that minor children not be removed from the state without court permission or the other parent's written consent. If your spouse has committed domestic violence or may become violent during the dissolution proceedings, you may apply for an Order of Protection.
You will see a judicial officer on the same day that you fill out the Petition for Order of Protection.