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In Arizona, Do You Have To Go To Court For A Divorce?

The attorneys at GillespieShields practice family, employment, civil, criminal, probate, appellate, and immigration law.

In Arizona, do you have to go to court for a divorce? The answer is not always yes. In some cases, the parties can file the paperwork and complete all of the steps outside of court, but in other instancess necessary , it ifor one or both parties to attend a hearing before a judge. To find out if your case falls into this category check with an attorney about whether you need to appear before a judge.

If you and your spouse have been separated for more than one year and there are no minor children, then a divorce can be filed without going to court. However, if you do not meet these criteria or there is a disagreement about the terms of the divorce, then it will need to go before a judge in civil court. 

The process of getting divorced varies depending on whether or not both parties agree on all terms of the divorce. If they don’t agree on everything from property division to custody arrangements, an attorney may be necessary to help negotiate these differences.

Whether or not you have to go through Court depends on how your divorce is finalized.

If both spouses agree, meaning they’re going by consent and don’t need a judge’s approval for the Settled Agreement document- neither one does.

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If you are unable to reach an agreement with your spouse, filing for divorce by default will allow the matter of separation quickly and efficiently. When there is no minor child in common between spouses or if one party requests spousal maintenance be granted before applying through their state’s laws under “marital property,” they can file motions that request that any final orders be made without having attended court hearings on these matters – this could save time during proceedings while not sacrificing quality service provided by our law firm.

If you are divorcing and there is a minor child involved, or if you want spousal maintenance from your spouse then the Court requires that one hearing be held. This type of proceeding can take place in person before an official called “Court Commissioner.” You must contact them ahead so they know what date works well for both parties’ schedules!

Your divorce is going to be contested, so you’ll have a lot of hearings with the court. You can’t schedule these dates and times yourself – they’re set based on what’s available at that moment in time for all parties involved! If neither spouse has an attorney representing them yet then their first appearance before the Court will happen during an Early Resolution Conference or ERC (which stands for “early resolution conference”).

You’ll want to prepare for the court appearances that are required in order to resolve your divorce case. The first one is an ERC (estimated response time), which includes both spouses and attorneys so it can be done quickly without having any delays due to attorney consultation or scheduling conflicts on either end of things like travel schedules, etcetera; then there’s also RMCs which often lead up into trials/evidentiary hearings if you don’t come out with some sort agreement beforehand–and let me tell you- these last ones take more than enough negotiating power!

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!

 

Disclaimer 

The materials available on this website are for informational and entertainment purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.  You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The information presented on this website may not reflect the most current legal developments.  No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.

 

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