Cindy Best
In Arizona, what is an early resolution conference?

There are two different conferences that the court will schedule. The conference that the court schedules will be determined on whether you or your spouse is represented by counsel. If neither you nor your spouse is represented by counsel, the court will schedule an Early Resolution Conference. If either you or your spouse is represented…

Cindy Best
What happens after the papers are served here in Arizona?

After the service of the petition other “clocks” begin ticking. For example, within forty (40) days after a party has been served with the initial documents, documentation concerning finances and property needs to be disclosed to the other party. This is mandated in Family Rule 49, which requires… Depending upon what you request in your…

Cindy Best
What if I have no idea where the other party lives?

You qualify under this section of service if the following has been completed: 1. You have filed a petition with the accompanying documents here in Arizona, AND 2. You do not know where the other party is, AND 3. You have tried all reasonable ways to find your spouse, including: a. Mailed by certified mail…

Cindy Best
Simple ways to serving the other party here in Arizona (Continued)

When people think of service, they generally think of a process server doing the job. With this method, you hire a process server to physically deliver those documents to your spouse. You will need to give the process server specific information as to where he or she can find your spouse. It is best to…

Cindy Best
Simple Steps to “Serving” the Other Party in Arizona (continued)

Another option to service is mail or other delivery service requiring signature confirmation. This option requires that you send all of your documents using certified mail, restricted delivery. The “restricted delivery” entails a minor fee, but ensures that the deliverer confirm that he or she is delivering personally to your spouse. When you receive this…

Cindy Best
How do you serve the other party with dissolution documents in Arizona?

“Service” is the technical name for the other party receiving from you the documents that you have filed. Arizona courts require one party to show proof that the other person was served. In today’s legal world, service does not have to be done with a process server. Instead, you can simply mail the documents to…

Cindy Best
What is alimony?

Here in Arizona, spousal maintenance (formerly known as alimony) is a monthly payment from one spouse to another, which is designed to allow for the spouse who earns less income to establish a home and living environment on his/her own. Spousal maintenance is used for an easier transition to becoming a single person in certain…

Cindy Best
I am getting ready to file for divorce here in Arizona. Can I take all the money out of our Scottsdale joint savings account?

No, because although the temporary injunction is not in place, you are intending to file and it is not fair to take all the money out of any joint accounts you have in Arizona. You may take half of the money, and this should not cause any problems in case you have to explain this…

Cindy Best
What happens in Arizona when my husband will not get out of the house, and I just filed for divorce?

You will have to file a motion to ask the court for exclusive use of the home. This is discretionary with the judge, and will likely take a month or more to get a hearing; usually, this is part of a temporary orders hearing. If you both own the house, maybe you can negotiate this…

Cindy Best
During a divorce in Arizona, what if neither of us can afford the house in Scottsdale?

This is no different than if you were together. You have the same problems and issues as if you were together (divorce just makes it more difficult). The mortgage company expects both of you to pay. If there is a deficiency judgment because of a line of credit, the creditor will look to both of…

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