 Divorce Process Start to Finish
In Arizona, a divorce is called a Dissolution of Marriage. To start your dissolution or divorce, you must complete a “Petition for Dissolution of Marriage” and file it with the court. When you file the petition for dissolution, you will be given a case number. Your case number will begin with an FC if your case involves children or an FN if your case does not involve children. Always keep this number with you when you call or come to court. “Pre-decree” petitions are those filed before a Decree of Dissolution of Marriage, Legal Separation or Annulment, or Judgment of Paternity is entered.
The Petition is an important legal document and should be completed carefully. The Petition should include all the information about what the Petitioner is asking for on all issues in the divorce because the court cannot grant anything that has not been requested properly. With the petition, the petitioner must also complete additional documents that must also be filed with the court. There are numerous documents that are required to be served on the other party: “Family Court Cover Sheet”, “Summons,” “Preliminary Injunction,” “Petition for Dissolution of Marriage (Divorce) With or Without Children,”“Sensitive Data Sheet,”“Notice of Right to Convert Health Insurance,” “Parent Information Program Order and Notice,”“Affidavit of Minor Children,”“Notice Regarding Creditors.”
The next step is service, which is required because it is the way that you give legal notice to the other party that you have filed court papers. “Service” means that you deliver the papers to the other party through a registered process server or by having the other party sign a document to accept service.
The Respondent can file a reply or response to the petition. A response is a written document filed by the Respondent that gives the Respondent a chance to rely and agree or disagree with the requests made by the Petitioner in the Petition. The Respondent must file the response with the Court within a certain number of days and must make sure the Petitioner receives a copy of the response.
Depending on the Response, you may be required to attend a hearing or conference. If a hearing is set, you will receive a notice from the court. You must come to that hearing or conference.
You may also receive an Order from the court telling you and the other party to attend an Early Resolution Management Conference (ERC). You both must come to that conference. The purpose of the ERC is to determine whether the Petitioner and Respondent agree on any parts of the divorce. If there are agreements, the Attorney Case Manager will assist you in completing paperwork that outlines your agreements. This will expedite the divorce process for you.
The Court may grant the requests made in the Petition without the Respondent participating, if no response has been filed. You can set a default hearing if the other party has not filed a written response. A default hearing is scheduled when you want a divorce, other judgment or order of the Court when the opposing side does not respond in writing to your petition or motion. A default hearing cannot be set for at least 61 days after the date the petition (and other documents) were served on the Respondent.
The Court enters a consent decree when all parties have agreed on how to resolve everything required for a divorce, legal separation or annulment. You must agree in writing to issues such as division of property and debt, spousal maintenance (if any), child custody, visitation, and support (if you have children). All parties must sign the written decree.
The Respondent still must be served with the petition (or the Respondent must sign an Acceptance of Service or Waiver of Service). The signed consent decree and other required paperwork cannot be submitted to the court until at least 64 days have passed after the date the Respondent was served with the divorce papers.
If after attending an Early Resolution Conference you still cannot agree, you may need to ask for a Trial. In cases where a petition/complaint and an answer/response have been filed with the court, you can file a “Motion to Set and Certificate of Readiness”. This tells the court that you want to go forward with the trial and that discovery is completed.
A trial in your case will decide the issues that you and the other party have not resolved. The primary issues to be resolved in any family court case involving one or more children include a determination of: 1) Custody and parenting time rights with respect to any minor child; and 2) An appropriate child support order including provisions for medical insurance, medical costs of all children not covered by insurance, and an allocation of any federal tax exemptions applicable to the minor children; and 3) Whether any party should be awarded any reasonable attorney’s fees incurred in this matter. If your case is one for dissolution or separation of a marriage, the court will also determine: 1) An equitable division of community property; and 2) Responsibility for payment of any community debts.
If you or a loved one is considering getting a divorce or a court order regarding custody, contact the Vladimir Gagic Law Office to protect your rights!
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