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A Summary of Divorce in Arizona

10.18.2008 · Posted in Home and Garden Articles

The state of Arizona is what is called a “no fault” divorce state, meaning an individual is not required to show cause when getting a divorce. (With the exception of something called a “covenant marriage,” which this article will not cover.) In Arizona, one party from the marriage only has to allege that their marriage is irretrievably broken without prospects of repair. This is the threshold that needs to be shown in the initial Petition for Dissolution. The other party can contend that the marriage is not irretrievably broken and file a responsive pleading to deny this allegation. When this occurs, the case is then moved to the Conciliation Court, and here the couple must attend at least one counseling session about their marriage (sometimes more if both individuals agree to it). However, if the counseling effort proves insufficient and one individual still wishes to pursue the divorce, then the case is routed back to the Superior Court to continue.nnThe divorce commences with a few documents, including the Petition for Dissolution. These are sent to the Superior Court and also must be served to the other individual in the marriage.nnService of process is usually accomplished in one of four ways:nn1) Certified Process Server;nn2) Acceptance of Service of Process;nn3) Certified Mail (Restricted Delivery);nn4) PublicationnnThe state of Arizona is the first in the U.S. to license paralegals. The most frequently used method of process serving in an uncontested divorce is done by having the respondent sign the Acceptance of Service Process. A licensed paralegal (certified legal document preparer) can prepare this and many other documents in uncontested divorces. For paralegals to get their licenses, they must have obtained a high level of education and also have practical experience. They are then tested by the Supreme Court of Arizona. If they pass, as well as show a high level of character and fitness, then their license may be issued. When it comes to uncontested divorces in Arizona, a competent, licensed paralegal will be able to handle all your needs.nnContested divorces, on the other hand, often need a lawyer as well as a certified process server. (Process must be served within 120 days of the filing of the Petition of Dissolution.) Without an understanding of Arizona Rules of Family Law Procedure, trying to represent yourself in this process can be very difficult.nnAfter that service of process takes place, the route a case may take depends on if it is an uncontested or contested divorce. Contested divorces will move to a discovery process, where each individual can obtain all needed personal and financial information. A variety of legal procedures and instruments may be utilized, such as subpoenas, depositions, requests for admissions and interrogatories. Once this stage is finished, then a Motion to Set Trial is made. The trial date will be set as the court issues a scheduling minute entry, as well as a date for a settlement conference and a pre-trial statement deadline. If the couple reaches a settlement at any time, this process can be bypassed. If that arises, a Consent Decree can be worked up for both individuals to sign and the case is done.nnThe process is much simpler for an uncontested case. After service of process is complete all there is to do is file an Application for Default 21 days later and wait out the statutorily mandated 61-day waiting period and file a Decree of Dissolution. Your paralegal will keep track of the timelines and deadlines and guide you through the process.nnSince attorney fees are much higher than paralegal fees, using a paralegal is an excellent option, especially for uncontested divorces. By licensing paralegals, the state of Arizona has helped its citizens tremendously through the divorce process.

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