The attorneys at GillespieShields practice family, employment, civil, criminal, probate, appellate, and immigration law.
The Arizona court system does not have a formal process for divorce. It is up to the parties in a marriage to decide how they want to divide their property and debts, whether or not spousal support will be paid, and if child support will be paid. The only time that a judge would get involved is during the dissolution of a marriage trial where one party accuses the other party of fraudulently hiding assets from them. If you are considering filing for divorce in Arizona it is important that you consult an attorney who practices family law so you can determine what your options are and what type of agreement can be reached with your spouse before going through any legal proceeding.
If you are considering divorce and live in Arizona, the first thing you need to do is determine whether or not your marriage is eligible for a no-fault divorce. If it is, then all that’s needed next is filling out the necessary paperwork and paying the fee. The process typically takes around 10 months but can be less time depending on how quickly everything moves through the court system. What this means for those who file for a no-fault divorce with a spouse who resides in another state will depend on what type of relationship they have with their spouse as well as where they reside. For instance, if one party does not want to move forward with the process, there could be an agreement made between them so that one person can file.
You can file for divorce online without a lawyer. Arizona has some of the best, standardized forms that you will need to start this process. If your county requirements are not met though – make sure to check in with them first so they don’t hold up the progress too much longer while waiting on extra paperwork or other unnecessary delays.
Divorce is a messy process, and some people might want to get out of dodge before things start spilling into court proceedings. To do this in Arizona you need to meet the residency requirements for divorce: either your spouse has been living here for at least 90 days or they have lived with their partner long enough that we’ll know which county they’re from thanks to our state’s courts locator tool online.
You may need to file for divorce with the Arizona Judicial Branch website and then get separate packets depending on whether or not there are children in your marriage.
You should select the packet that best fits your situation. The instructions will guide you through each step, responding honestly and completely when filling out forms on a computer or neatly written by hand depending upon what works better for you in terms of time constraints!
When you’re ready to file your forms, make two copies of each document. You’ll have the option of filing all originals with a court or keeping one copy and returning it for later use if necessary; this may be especially important as partway through proceedings when evidence needs checking from other data sources (like bank statements). If there is no fee waiver available save yourself some money by completing an application form requesting deferral – just don’t forget about paying those pesky bills.
Serving your spouse
In a divorce, service of the process means that the other spouse has been given notice about what’s going on and an opportunity to argue their point-of-view. If one person in this situation is unfairly surprised by something at court or trial it could lead to them not being able to properly prepare for whatever may happen next.
If you’re the petitioner, your case will get dismissed after 120 days if it’s not served on your spouse. If that doesn’t work out and divorce proceedings start over again? You’ll have to wait another 2 years before getting a new hearing date with court personnel in order for them to take action.
If you’re the respondent in a divorce, then it is your duty to answer and file an appropriate response. Arizona residents have 20 days after being served with their petition; out-of-state respondents must respond within 30 days of service to them by either admitting or denying all allegations made against themselves (which could lead up to making certain decisions like whether or not there will be no audible attorney conference).
If you’re involved in a divorce and your spouse is appearing pro se (meaning they haven’t hired lawyers), then serve their documents to them at home. If they’ve hired attorneys, have the papers delivered directly to an attorney’s office instead of sending it by regular first-class mail or personally handing it off anyway.
A process server will charge you a fee to serve your spouse, but if you hire the deputy sheriff he can ask that their services be waived or reduced. After proper service has been made in divorce proceedings virtually all other documents may also come by first class mail and hand delivery! Different rules apply when trying to reach someone who is military based out of state or jail however – check with the local court clerk for more advice on these unusual situations.
Are You Looking for a Family Law Attorney You Can Trust?
The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way. During our private, one-on-one consultation, we’ll take the necessary time to answer and and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!
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