That Affidavit of Service is then filed in your divorce case to prove proper service of the documents on your spouse. Some people ask if they can hand the divorce papers to their spouse. The simple answer is no. You cannot serve your spouse by giving him or her the divorce documents you filed with the court. That Acceptance of Service is then filed with the court to inform your judge of proper service of the divorce papers on your spouse. A divorce case that settles early in the divorce process can take as little as 60 to 90 days to complete.
These cases are typically called no-contest or an uncontested divorce. Psychologists may need to be used to evaluate the family if significant disputes exist over custody of the children. Financial experts may need to evaluate the income of a self-employed spouse if there is a dispute regarding how much he or she earns.
A business appraiser may need to appraise a business if there is a dispute about the value of a company owned by one of the spouses. An organized divorce attorney can speed your divorce through the steps of divorce more quickly than a disorganized divorce attorney. The attorneys at Hildebrand Law, PC intentionally have a caseload of about half of what other divorce law firms give to their attorneys. Our detailed preparation provides us with the advantage of building our divorce cases much quicker and efficiently.
However, every case is different, and the money you will spend will depend upon your particular circumstances. Allegations of child abuse and domestic violence can significantly increase the price of a divorce. Experts may be appointed by the court to evaluate allegations of child abuse and domestic violence. Some retirement accounts require the creation of a Qualified Domestic Relations Order to divide those retirement accounts without creating a taxable consequence.
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- Six Things You Must Know About a Divorce in Arizona | Hildebrand Law;
Determining the value of a business owned by a spouse may also require a financial expert to evaluate the financial statements of a company to determine the value of that business. It is not very helpful to know both parents have equal rights if the parents disagree regarding the schedule the children will spend with each parent. Sometimes, parents will reach interim agreements regarding a parenting schedule that will be in place until a court can schedule a temporary orders hearing. The court will issue child custody orders that remain in effect until the case settles or the court enters final child custody orders.
Most good attorneys will also advise their clients about the harmful effects a divorce can have on children. You should be considering ways you and your spouse can protect the children from the detrimental effects of a divorce on your children. In a divorce case, the court must accept the separation agreement except for matters about custody, parenting time and support of children unless it is unfair.
Free Divorce Handbook
It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see an Arizona divorce lawyer can save you a lot of time and money. A court can order spousal maintenance or alimony to either party in Arizona. The parties may agree in writing as to maintenance and if the court finds that the maintenance agreement is not unfair, it may be made part of the final decree.
In the absence of a written agreement, the court may award maintenance in amounts and for the periods of time as it deems just, without regard to marital misconduct and after considering all relevant factors.
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Marital misconduct is not a factor to be considered. The factors to be considered are:. Awards of maintenance are to be paid through the court unless the spouses agree otherwise. Maintenance agreements may be made non-modifiable by agreement of both spouses. Alimony awards are not permanent. Unless otherwise agreed in writing or stated in the decree, a spousal maintenance award is terminated upon the death of either party or the remarriage of the party receiving maintenance. In Arizona, the court will make child custody decisions solely based upon what is in the best interest and welfare of the child.
The court may order sole custody or joint custody. In making a custody decision, the court considers the best interests of the child and the following factors:.
If custody is contested, all other issues in the case are decided first. Joint custody may be awarded if the parents submit a written agreement providing for joint or shared custody and it is found to be in the best interests of the child, after a consideration of the factors listed above and the following additional factors:. How service occurs depends upon the rules laid out by the county in which the divorce is filed.
The respondent must then complete an Affidavit of Service or Proof of service. This must be filed with the Clerk of super court, and it is a written statement explaining that the respondent was served the forms.
How to File a Divorce in Arizona | taira-kousan.com
In the state of Arizona, the respondent may sign an Acceptance of Service form that gives them the ability to simply accept the service of the copies of the required papers. This form does not mean that the respondent agrees to the petitioner's demands, it means only that the respondent accepts or waives the service. This eliminates the cost of paying a process server or the sheriff and allows the case to proceed faster. This option works particularly well for those couples that wish to expedite the divorce process.
The respondent must also file a Response. This Response is a written document that explains what the respondent agrees or disagrees with the petitioner about. The Response must then be served to the petitioner by mail. The 60 Day Waiting Period After the Petitioner has served their spouse with the correct forms to file for divorce, a 60 day waiting period begins. In the state of Arizona, a divorce cannot be granted until at least 60 days have passed since the petitioner served his or her spouse. Once this waiting period is over, if both couples agree on the terms of the divorce which include everything from child support to property debts then the divorce can be finalized rather quickly.
Filing for Divorce in Arizona
However if the couple cannot agree on the terms than the case will go to court and a judge will settle the terms. The Decree of Dissolution The Decree of Dissolution is the final court order that legally ends the marriage. Within the decree there is information regarding the separation of property and debt.
There is also information about child custody, parenting time, child support and spousal support. The decree can be obtained in one of three ways: default, agreement of the parties consent decree or trial procedure. A Default Decree is granted by default when the respondent fails to file a response.
If within 20 to 30 days the respondent fails to file a response, then the court ends the marriage by issuing a Default Decree. Before a Default Decree can be issued, the petitioner must file an application or Notice of Default, with the court. Once filed the court flags the file as a respondent default case, and the case enters into the default stages.
Before the proceeding can begin a copy of the Notice of Default is served by first class mail to the respondent. And if after 10 days the respondent fails to reply again then the judgment by default is entered.
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From this point the process for a default case varies county to county. An Agreement of the parties or a consent decree is granted if the spouses reach an agreement before the trial is held. If an agreement is reached, the spouses may avoid the trial by asking the court to grant them a Consent decree.