Whenever no response is received, the divorce will be granted within the day period. If a response is filed, the couple will be left with either reaching an agreement and finalizing the divorce or going to court to address issues that cannot be dealt with effectively. The above situation describes the perfect scenario in which both parties agree to the divorce and its conditions. Unfortunately, things tend to get a lot messier in real life and divorces cannot be finalized within the day period.
A contested divorce is one in which the two former spouses cannot agree on the asset division, alimony, child custody and other important elements of the divorce. Because an agreement cannot be reached, the court will have to get involved. Obviously, such a procedure will increase the amount of time required for the legal dissolution of the marriage.
In the case of a contested divorce in Arizona, the first 60 days will have to pass once again. Next, a trial scheduling will have to take place. The date of the trial will depend on the complexity of the issues that have to be resolved in court, the need for expert involvement and evaluations, as well as the availability of a scheduling opportunity.
The process is more or less simple. A preliminary hearing will be scheduled. The aim of the hearing is to allow both sides to present their side of the story. In the case of remaining divorce terms that have to be addressed, the judge may decide to send the two partners to mediation or Conciliation Court. Both of these opportunities are aimed at allowing the former spouses to reach an agreement in order to finalize the dissolution. Reaching an agreement at this stage signifies the end of the process.
Sometimes, however, mediation will be ineffective. If it fails, a final court date will be scheduled. This is when all remaining issues will be addressed to enable the couple to move forward with the divorce.
If you have to go to court, make sure that you have a good lawyer. At this stage, the divorce process can get really ugly.
What is the Difference Between Legal Separation and Divorce in Arizona?
Having an experienced legal representative will be the key to ensuring a good future for yourself and anyone who may be dependent on you. Save my name, email, and website in this browser for the next time I comment. It is not possible to be divorced any sooner even if both parties agree. If the parties do not agree on the terms of the divorce, a trial will be set. Depending on the county, these proceedings could take as long as six to nine months before a divorce would become final.
Determine custody, parenting time and support of the minor children, if any. Divide property acquired during the marriage, and affirm property owned prior to the marriage if any to the party who owned it.
How Long Does an Uncontested Divorce Take?
Assign responsibility for debts incurred during the marriage, and affirm debts owned prior to marriage if any to the party who owed them. While your divorce is pending, you may apply for temporary orders regarding custody, parenting time, child support, spousal maintenance, attorney fees, and other matters. The procedure to request a hearing for temporary matters varies from county to county.
You should seek the advice of an attorney if you are not able to determine how to obtain a hearing for temporary orders. A Preliminary Injunction is a form of restraining order which is issued at the beginning of every divorce case. The Preliminary Injunction is issued tobothparties and requires that neither party harass the other, that no community property is sold, that existing insurance is maintained and that minor children not be removed from the state without court permission or the other parent's written consent. If your spouse has committed domestic violence or may become violent during the dissolution proceedings, you may apply for an Order of Protection.
You will see a judicial officer on the same day that you fill out the Petition for Order of Protection. There is no charge to apply for an Order of Protection. If the parties have a minor child or children together, both parties must attend a court- mandated education program about the impact of divorce on children.
Both parents must attend, even if there is no disagreement regarding custody and parenting time. The parties may not attend the same class at the same time. You may be eligible to have your court filing fees and service of process fees waived or deferred depending on your financial circumstances. Forms to request that the filing fees and service of process fees be waived or deferred are available at no charge at the office of the Clerk of the Court of each county.
After you fill out the forms, a judge will determine whether or not your fees will be waived or deferred. If your fees are deferred, you must make payments toward those fees as your case progresses. If your fees are waived, you are not responsible for paying those fees. Understanding Divorce What is a divorce? What is A.
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When can I file a petition for divorce? What reasons must I give in order to get a divorce? Do I need a lawyer to represent me? How does the divorce procedure work? One spouse files a Petition for Dissolution of Marriage and related initial documents. What if my spouse does not agree to a divorce?
How to File an Uncontested Divorce in Arizona: 5 Steps
There is no charge to request a conciliation meeting. What happens if my spouse and I do not agree on something during the divorce proceedings? Some courts offer free mediation services.
How long does it take to get a divorce? What is covered in a decree of dissolution of marriage? A Decree of Dissolution of Marriage will: 1. Terminate the marriage. Determine spousal maintenance alimony , if any. Determine responsibility for attorney fees and costs, if any.