Where to get divorce papers in arizona
A divorce where the parties have been married for a relatively short period of time, have no children, and little property or debt can be less involved.
A divorce where the parties have been married for a long period of time, where there are minor children, or where there is a significant amount of property or debt to be divided and the parties are in disagreement may take additional time.
If both parties agree to all issues within the case, the case may proceed by the parties filing a consent decree. If the Petition for Dissolution has been filed and served on the other party and a response has not filed within the allotted time period, the filing party may apply for a default. The person filing for the divorce is called the Petitioner. As hard as it is, set your mind at ease.
There are ways to find free divorce help in Arizona. Disclaimer: This article is not intended to be legal advice. You can contact the Arizona Legal Center today to learn more about your rights in your situation.
Note that when you first contact the Arizona Legal Center, a law student and not a practicing attorney will handle your intake. There are two basic types of divorce: uncontested and contested.
In an uncontested divorce, both parties agree to the divorce and agree how marital assets are to be divided and other terms of the divorce this may also include parenting time for those with minor children. In a contested divorce, the parties cannot reach an agreement and a judge must decide on the divorce provisions.
This is much more common. The steps for filing for divorce in Maricopa County are the same, regardless of whether the divorce is contested or uncontested. The person asking for the divorce the petitioner files the divorce paperwork with the court and serves a copy of the paperwork on the other party. Three copies of the divorce packet are required: one for the court, one for you the petitioner , and one for your spouse the respondent. Set Trial Date.
Complete if there are issues to resolve at trial, and the petition and response have been filed. Consent Decree. When completing the forms, respond to each question honestly and completely. Fill out the forms on a computer if you can. If not, write or print neatly and legibly. The Mojave County Judicial Branch website is a good example of what you can expect to find when you navigate to your county court's website and divorce forms index.
When you're ready to file your forms, make two copies of each document. You'll file the originals with the court and make preparations to have the Summons and Petition for Divorce served on your spouse. You'll need to pay a filing fee unless you complete the "Application for Deferral of Filing Fee," which will be reviewed by the court.
If the court agrees to a fee waiver because you can't afford it, you won't have to pay to file documents in your case. When you give your documents to the clerk of court, they will be stamped with the date and time.
If you're the petitioner, you will sign the petition in the presence of the clerk, who will notarize it for you at no cost. Serve your spouse as soon as possible after leaving the courthouse. Service of process is an essential part of the American legal system because it ensures that everyone has notice about what's going on and an opportunity to "appear," or argue, their point of view. Service of process in a divorce prevents one spouse from being unfairly surprised at a court hearing or trial.
If you're the petitioner, you'll have days to serve your documents on your spouse under current Arizona law.
If you don't serve the papers on your spouse within days, the clerk of court will dismiss your case automatically. When your case gets dismissed, if you still want to get a divorce you'll have to start the process over. If you're the respondent in a divorce, you also have an important obligation. Arizona residents have 20 days in which to respond to the divorce petition after being served. Your failure to file an answer or otherwise respond to the petition could allow your spouse to obtain a default divorce meaning, the court may give your spouse everything requested in the petition, without input from you.
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