What Are The Arizona Divorce Laws?
In Arizona, divorce is referred to as a dissolution of marriage. To file for dissolution of marriage, one of the two parties must have lived in the state or be stationed in the state with the Armed Forces for at least 90 days before filing the petition to end the marriage. The filing spouse must file the Dissolution of Marriage in Superior Court in their county of residence. A copy of the paperwork must be served on the non-filing spouse, who is known as the respondent. Notice of the filing must be given to the respondent as per Arizona divorce laws, to make him or her aware of the proceedings.
The respondent has 20 days from the date of service if he or she lives in Arizona to file a Response to the Petition. If he or she lives out of state, 30 days are permitted. A response is not required but allowed. The time limit for a divorce case is applicable, so you should check with your county’s Clerk of the Superior Court to learn that time limit. A 60-day waiting period after court papers are served does apply before the court can grant a dissolution of marriage.
How Does Divorce By Default Work?
If a response is not filed within the 20-day or 30-day timeframe that applies, the court can grant the requests that were made in the petition by default. To do this, if the respondent has not filed a response, the petitioner must file an application called a Notice of Default which should be served on the respondent if his or her location is known. The default won’t become effective until 10 days after the form has been filed with the Superior Court Clerk. During those 10 days, the respondent is allowed another opportunity to respond. If a response is filed during that time, the case will proceed like a default did not occur. If a response is not filed during that time, the court can issue orders and dissolve the marriage.
The court will hold a hearing to hear the petitioner’s evidence before a marriage is dissolved by default. A commissioner, hearing officer, or judge will preside. The hearing won’t be held until at least 60 days after the date of the serving of the Summons and Petition. The case time limit also applies.
How Does Dissolution of Marriage by Consent Decree Work?
Legal separation or divorce can be finalized without a trial if the two parties agree on all matters pertaining to the divorce, including child custody, the division of property, and child and spousal support as applicable as well as the division of debts and property. This is called a Consent Divorce Process in Arizona divorce laws. This process is permitted if both parties sign the necessary documents and if the couple has minor children, both parents have to attend a Parent Education Class. The consent decree legally ends the marriage using the spouses’ agreement.
What Are The Legal Grounds For Divorce In Arizona?
The state uses a no-fault approach. Because of this, a spouse does not have to show any blame, fault or responsibility to have a marriage dissolved. However, this only applies to non-covenant marriages. In Arizona, non-covenant marriages are considered to be standard or regular marriages. The couple just has to prove that the marriage cannot be repaired and there is no reasonable thought that the spouses want to reconcile and continue with the marriage.
Even if a couple is planning to end a marriage by consent decree, an attorney should be consulted. An Arizona divorce lawyer can make sure that the paperwork is in order and everything has been done so the marriage can be dissolved. Family law attorneys are familiar with the latest Arizona divorce laws and understand custody matters as well.