Evidence consists of witness testimony, documents, charts, photographs or any other tangible thing which tends to prove the existence of a fact that is essential to the success of the Petitioner's case. Each of the Petitioner's witnesses may be cross examined by the Respondent's lawyer. The purpose of cross examination is primarily to test the truthfulness and reliability of the evidence introduced by the opposing party.
Divorce Papers & Forms
The Petitioner's attorney is also provided an opportunity to cross examine the Respondent's witnesses during the Respondent's phase of the trial. After the Petitioner rests, the Respondent may introduce evidence in the same way that the Petitioner did. Following cross examination of each witness by the Petitioner, the Respondent will eventually rest at which time the court may ask for closing arguments from each lawyer. Closing arguments are intended to help gather all of the admitted evidence into a cohesive whole in order to help the judge decide the case. This is also the time for each lawyer to offer persuasive arguments on any important points of law which might help the judge make a decision.
During closing remarks, the judge will often question each lawyer about points of law which should be answered directly and candidly by each lawyer. After closing arguments, the case is submitted to the judge for a decision. Except in very simple cases with few issues, most judges will take a case under submission or advisement which means they will take the exhibits and other evidence back into chambers for further review and consideration before rendering a judgment.
The Definitive Guide to Arizona Divorce Process
Most submitted cases are decided within just a few days although by law, a judge has up to days to make a ruling. Even though Arizona is a community property state, which means that the spouses each own an equal share of all of the assets, the court does not typically divide everything in half. It is often not practical to do so or sometimes, the fats of the case may not justify an equal division. The court recognizes that assets may have to be liquidated or sold which could result in losses both economic and emotional.
How To Plan For Your Divorce In Arizona | 5 Steps for Pre Divorce Planning
Often what happens is that different assets are awarded in kind to each spouse. The goal of the court is to reach an equitable division of all community assets and liabilities. This could result in one spouse receiving assets with a greater value than the other. The court will likely also order that spouse to assume more debt in order to offset the extra value of the assets awarded to that spouse.
If the parties cannot agree on how to divide the assets and debts, or the court is not provided with a plan by one or both spouses on how to do so, the court may either award certain property and assets to each spouse or in some cases, order that an asset be sold and the proceeds equitably divided between the parties.
Spousal Support (Alimony)
After the court renders a ruling it does not become final until a judgment is signed and entered. Once a judgment has been entered, the clock starts ticking for some important time limitations which effect the right to post-judgment relief. Post judgment relief may take the form of a motion for a new trial which is filed in the trial court. A motion for a new trial must be made within a certain number of days after the judgment is entered or the right to do so is lost. A motion for a new trial must be supported by very specific grounds stated in the Rules of Civil Procedure.
Motions for a new trial are infrequently granted but they may be useful in extending the amount of time for filing an appeal. Another form of post judgment relief is an appeal. A notice of appeal must be filed within 30 days after entry of the judgment unless the time has been extended by a motion for new trial. Failure to file a timely notice eliminates the right to appeal except possibly for some very narrow and limited circumstances.
There must be grounds for an appeal. Even if the trial court erred in excluding certain evidence, that does not automatically mean the appeal court will reverse the lower court's judgment.
Sometimes trial judges commit harmless error which means that the judge's mistake was not fatal to the outcome of the case. If an appeal is successful, the Court of Appeals may reverse and remand the case back to the trial court for further proceedings. After a divorce case is completed whether by settlement, trial or appeal, eventually a final judgment will exist. The parties are bound by the terms of that final judgment and if they fail to carry out its terms, they may be subject to certain penalties or consequences.
There are several remedies available to enforce compliance with a judgment. These include contempt proceedings, wage assignments or garnishment proceedings to recover past due child support, loss of driving privileges or a license to engage in certain professional activities. Information Provided by: Russell R. Moker, Esq. Enter Your Zip Code:. X Close Arizona Info.
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Encyclopedia Checklists Tools Downloads Bookstore. Start Your Divorce. Now the Respondent only has up to 15 days to respond. If the Respondent Responds If the Respondent does respond to the Petition for Dissolution of Marriage, then now both parties have the option of settling all issues in their divorce.
If they are able to settle the case, they can submit the agreement to the court with a proposed divorce decree. According to the Arizona divorce law process, each party will accumulate and share information and documentation in the divorce proceedings. Things like income tax returns, copies of debt and the like will be turned into the court.
If no resolution is agreed upon, then the case will go to trial in an Arizona divorce court. The judge will have up to 60 days to issue a decision after the trial is completed and the case is over. The law is complex and changes often. For legal advice, please ask a lawyer. Characters remaining: It's one of the top resources I recommend, because they're excellent at what they do.
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If you have questions, comments, or concerns, please contact us at attorneyservices rocketlawyer. I understand. You are using an unsupported version of Internet Explorer In order to continue using our website, please upgrade your browser by clicking here. Make a document Start a business Ask a lawyer Solutions Pricing. Arizona is a purely no-fault divorce state, which means that neither spouse has to prove blame or responsibility to end the marriage.
The only question that must be answered is whether the marriage is "irretrievably broken", which simply means that there is no chance that the spouses want to continue the marriage. Residency Requirements In order to fulfill the residency requirements either spouse must have lived in Arizona for at least 90 days, or have been a member of the armed forces stationed in Arizona for at least 90 days. Fill Out your Forms In order to begin a divorce in the state of Arizona, one of the spouses the petitioner must file a petition with the Clerk of the Superior Court in the county of residence of either spouse.
The petition asks the court to legally end the marriage and to issue the orders that are necessary to deal with the spouses' property, debts, child support, custody and alimony. Generally, the court will not give a spouse anything that isn't requested in the petition. Also, both spouses may file a joint petition for a consent decree. When the petitioner files the petition he or she must also file: Summons - This explains to the non-filing spouse the respondent that a divorce case has been filed and that he or she must take some action within a certain time frame. Without a Super Court Clerk stamped summons, the divorce cannot go forward.
A Notice of Right to Convert Health Insurance — Each spouse deserves the right to convert health insurance, and must receive an advisory notice about the rights and responsibilities that surround any existing health insurance policy that the couple may share. Preliminary Injunction — This stops both spouses from doing things with money, property, children and insurance until the court can resolve the issues, or both parties create a written agreement.
It is a court order that stays in effect until the divorce ends.
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If a spouse violates the preliminary injunction he or she can be sent to jail. Notice to Creditors- This is a document that advises each spouse about the rights and responsibilities each of them has regarding the debts that were acquired during the marriage.