Marriage

Divorce

In Arizona, divorce is called dissolution of marriage. One person is the Petitioner (the one who files the Petition), and the other person is the Respondent. There is no real advantage to filing first, other than to start the process. In a divorce, all issues are decided, including asset division, debt allocation, real estate division (or disposition), whether spousal support will be awarded, whether attorney fees will be ordered to be paid by one party or neither, and in the case of children, custody, parenting time, and child support issues.

The fastest you can be divorced in Arizona is 60 days after process service. Service of process occurs when the dissolution petition and other documents are served on the other party. There are three ways to get divorced: by default (which means the other party does not do anything and does not file a written answer to the Petition for Dissolution), by Consent Decree (which means the parties agree on all the elements of the divorce issues), or by trial (if the parties disagree on any of the issues in the divorce). Please note: If a person does not respond within the default period, the Petitioner gets everything they requested in their Petition for Dissolution.

There is a court filing fee for filing the Petition for Dissolution and the Response to the Petition for Dissolution. These filing fee vary by county, and you should check with the Superior Court of your county for the filing fees.

During the divorce process, one party can request Temporary Orders, which help the parties determine who will stay in the house, how much support should be paid, whether to sell real estate, parenting time, payment of debts, division of liquid assets and the like. Temporary Orders put some order to the divorcing process. In Maricopa county it usually takes about 6-8 weeks after requesting Temporary Orders to get to a hearing on them. In the meantime the parties must either cooperate in decision-making or make it until the Temporary Orders hearing to get the relief they want. Many times Temporary Orders focus on support (either child or spousal) and upon setting up a parenting time schedule, and upon issues that need more immediate attention. Not every case requires Temporary Orders.

In all cases (except default), a Resolution Management Conference will be set. This is a status conference that provides trial dates, and puts the divorce on track so that the parties can finalize the divorce. At this conference, the court has the first view of the issues before it. A mediation might be set here, the parties may be referred to a parenting conference to see what recommendations should be made about custody and parent time, and other orders my be entered as needed.

Negotiations to try to settle the case without going to trial are conducted as soon as possible once all the issues are known. Sometimes more information is needed about debts, assets, businesses, or other issues. This information can be gathered by subpoenaing documents, taking a party's deposition, requesting records from the other side, or other methods. Sometimes a settlement cannot be reached and the case must go to trial to have certain matters decided by a judge.

Community property and debt are divided equitably (which means fairly, and in the absence of other circumstances equally). Just because one person has incurred the credit card debt during the marriage does not mean that s/he will have to assume all of that debt. Debt is presumed to be community, and unless proved otherwise, the parties will equally split it. Each person's separate property remains that person's separate property. Gifts and inheritances are the sole and separate property of the person who received them. Community property and debt can be difficult to divide, so an attorney should be consulted to assist you.

Divorce is a difficult process. At its best, the divorcing process is unpleasant, and most people find it to be very stressful. Having an attorney advocate and confidante to guide you through your divorce can be very helpful. The right attorney can make all the difference.