Divorce

How long do I have to file a Response to a Petition for Dissolution?

You have 20 calendar days from the date you were Served the Petition. If you were served outside of Arizona, you have 30 calendar days.

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What is the Response to a Petition for Dissolution?

The Response to a Petition for Dissolution is the first filing made by the person who is listed as the Respondent. The Respondent admits or denies the allegation in the Petition. The filing of the Response prevents the Respondent from being defaulted and puts each party on notice of what the issues will be in the divorce.

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I did not formally serve my spouse with the divorce papers. But my spouse has already filed a Response. Do I still need to serve my spouse?

No, you do not need to serve your spouse. Because your spouse filed a Response, your spouse has admitted to receiving the paperwork, negating the need for service.

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I filed for divorce. What is my next step?

After you file for divorce, your next step is to serve your spouse with the paperwork. Your spouse needs a copy of everything that was file, including the Petition, Summons, Preliminary Injunction, Notice Re: Creditors, Notice Re: Health Insurance, and, if children are involved, the Affidavit of Minor Children and the Parent Information Program document. Additionally, any other notices or motions you filed at the same time should be included in the package to be served on your spouse.

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When should I meet with a divorce attorney? I am not sure I want a divorce, but I am considering it.

The best time for your first meeting with an attorney is before you have decided to divorce.  An attorney can provide you information about what might happen in a divorce and help you make an informed decision. We’ve seen too many people rush into a divorce without considering what their life might look like afterwards.

That said, when you are in that stage, what attorney you meet with to get that information is critical. Some attorneys use their consultations as a sale pitch. Worse, others use it to scare you or pressure you into making a decision you may not be ready for.

At State 48, we do not believe in those approaches. We believe it is our job to provide you as much information as possible and let you decide. Seeking a divorce is a deeply personal decision, one of the biggest decisions you will ever make—and it is your decision. We do not want to make the decision for you.  But we are happy to help you understand the potential outcomes and how to protect yourself if you decide to divorce.

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Should I talk with an attorney before filing for a divorce?

You should talk with an attorney before filing for divorce. A divorce is such a big decision, and so much is on the line for the people going through a divorce that an hour spent consulting with an attorney is time and money well spent, provided that you are meeting with an attorney who is focused on providing information and advice to you.

One advantage of meeting with an attorney prior to filing is to understand what potential outcomes you might be looking at and what you can achieve in litigation. Some people take positions in the initial divorce filing that hurt their chances of achieving what they want down the road.

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Why does it take so long to get divorced?

There are many reasons it takes so long to get divorced. First, every Arizona divorce requires a 60-day, “cooling off” period. The 60-day clock starts on the day the initial divorce documents were served. A divorce lasts longer than the 60-days when spouses cannot agree on how to settle issues such as assets and debts. Additionally, some issues, such as child custody, spousal maintenance, or dividing a successful business can be highly complex, and often require the input of experts. Divorces also last longer when one or both spouses act or take unreasonable positions.

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What makes a divorce official in Arizona?

A divorce becomes official in Arizona when a judge signs the final decree. The judge will divorce you either in paperwork called a “Consent Decree” (used where the spouses agree to all terms of the divorce) or “Decree of Dissolution” (used where the judge must decide the outstanding issues). The legal decree officially dissolves (ends) the marriage, and the Court restores the parties to their status as single persons.

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Should I hire a divorce attorney if my spouse has an attorney?

You should hire a divorce attorney if your spouse has an attorney. Representing yourself without an attorney immediately puts you at a disadvantage. Your chances of prevailing at trial or negotiating a favorable settlement on your own against an attorney are not very good. The laws and rules surrounding a divorce can be incredibly complex and experienced lawyers have a massive advantage over non-lawyers.

Attorneys know how the legal system works. When you go to Court, you are held at an attorney standard. That means the rules of the game do not change just because you are unrepresented. The rules remain the same, and there are a lot of them, and they are complex and difficult to understand unless you have legal training. We do our best here to make them understandable to the public, but there is only so much you can know your first, second, or third time through the legal system. An attorney is almost assuredly going to be able to outmaneuver you at almost every turn.

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Where do I file the Petition for Dissolution?

To file the Petition for Dissolution in Maricopa county, go to your nearest Superior Courthouse. There are 4 locations in Maricopa County:

  • Northeast in Phoenix (Union Hills and the 51)
  • Downtown in Phoenix (Central and Washington)
  • Southeast in Mesa (Mesa Drive and the 60)
  • Northwest in Surprise (Greenway and Litchfield)
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What is a Covenant Marriage?

A covenant marriage is an optional type of marriage.  Before marriage, the spouses-to-be must attend certain counseling and meet other requirements. The legal effect of a covenant marriage is that it is harder to divorce.  In a covenant marriage, a legal separation or divorce may be granted only for certain reasons listed in state law. The law regarding covenant marriages can be found in Sections 25-901 through 25-906 of the Arizona Revised Statutes. If you are in a covenant marriage and are considering a divorce, it is strongly recommended that you consult with an attorney experienced with covenant marriages.

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If I can’t afford a divorce attorney, will the Court appoint me one?

The Court will not appoint you an attorney if you cannot afford one to represent you in a family law proceeding. The Constitutional right to an attorney applies only to criminal proceedings. For that reason, the government must appoint a free attorney to criminal defendants.

As family court is a civil proceeding, you have the right to hire your own attorney, but you will not be given a free one. If you want an attorney in your family court proceeding, you are going to have to obtain one the old-fashioned way: You’re going to have to pay for it.

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