Divorce Isn't Easy

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Individuals with high net worth often present unique and complex issues in their family law matter. There are often substantial business assets, extensive personal expenses, and multiple homes that must be dealt with. The affordability of support is not generally the question, but rather how much support is enough? It is critical to have a detailed understanding of the financial lifestyle of the marriage, the assets and the liabilities. Only with a complete picture and awareness of each asset and liability can an attorney effectively act to limit negative consequences to asset division and establishment of support. Additionally, most couples often forget that the IRS and the state can be financial partners in a divorce.

And, most importantly, once you have created such assets, the last thing you want to do is use your money and spend it on attorneys. We get that. Attorneys are, however, necessary to help you do it right. We want to help you get what you are lawfully entitled to, but we don’t want to waste your money fighting. Our goal is resolution and finding a way to make it a win win for both sides, whenever possible. We are prepared, detailed, responsive, and polite. We can help settle and mediate and lessen the litigation fees whenever possible. As seasoned trial attorneys, we know the high cost of fighting, and we try to avoid it whenever possible. Call us today for a one hour consultation, 480-219-2433. You will be glad you did.

Click here to view the divorce process infographic.

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Every Maricopa County divorce requires standard documentation to begin the legal process. A Petition for Dissolution must be filed with the court and whomever filed the Petition must legally serve the opposing party. The forms can be found on the Maricopa County Superior Court Website, in our Divorce Coach Book, a document preparation service that we provide or by retaining the Best Law Firm. Click here to view the divorce process infographic.

It’s important to know that the court does not favor either party in the divorce. It does not matter if you file for the divorce or if you respond.

Arizona is a no-fault state, which means that a person does not need a reason for seeking a divorce.

During the divorce proceedings the person who filed for the divorce is referred to as “The Petitioner” and the person who responds to the divorce is referred to as “The Respondent”. The terms Petitioner and Respondent are only used to differentiate between the two people involved.

A legal separation is almost identical to a divorce, except at the end, you are separated and not divorced. The procedures are identical in terms of filing, costs, and the final agreements regarding finances. Financial agreements in a legal separation will become the same financial agreements in a divorce. In other words, you cannot make a decision regarding finances in a legal separation and then change your mind about the same issues in a divorce, unless both parties agree. The financial agreements in a legal separation cannot be changed in a subsequent divorce action, except by agreement of the parties.

A common question spouses have is whether they should get a legal separation instead of a divorce. The answer depends on what you are trying to achieve. If you want some financial protection or you want to continue your health insurance, a legal separation will likely accomplish both. If you want to get remarried, you need to get divorced. It is also common for a spouse to file for a legal separation to stop the debts incurred by the other spouse from becoming a community debt. When a petition for a legal separation is filed and served, each party is then responsible for any debt incurred after that service date.

How to File For Divorce in Arizona.

What you need to know.

Filing For Divorce
Serving Petition
End of Marital Community

In Arizona, a divorce starts when one spouse files a Divorce Petition (called a Petition for Dissolution) with the court. There are filing fees for a Petition for Dissolution and for filing a Response. Filing Fees:

Petition for Dissolution of Divorce $338

In an Arizona divorce, once a Petition has been filed, a copy of the Petition and the related documents must then be legally served on the other spouse.

Service can be accomplished in a few different ways, including by waiver, by personal service, or by process server.

The date of service is important, because it is the date the “marital community” is deemed separated.

From the date of service going forward, the parties will no longer accumulate “community” property or debt; that is, property that each spouse has a claim to and debts that each party is deemed equally responsible for.

A Preliminary Injunction will be served along with the Petition. This stops both parties from selling community property, making changes to existing insurance coverage, and removing minor children from the state without court permission or the other parent’s written consent.

Responding to a Petition for Divorce

Responding
If No Response Is Filed
If Both Parties Agree

In an Arizona divorce, a Response can be filed after receiving a petition for divorce. The Respondent (responding spouse) has 20 days after service to file a Response to the Petition of Dissolution served within Arizona; he or she has 30 days to respond if served outside of Arizona.

Filing Fees: Response to Petition for Dissolution $269.

If the responding spouse fails to file a Response within the allowed time, the petitioning spouse may apply for a default judgment.

A spouse applies for a default judgment by filing an Application and Affidavit for Default. The responding spouse will then have 10 days to respond to the Application and Affidavit for Default.

If the spouse fails to respond, a Default Decree of Dissolution of Marriage may be obtained, which grants the divorce on the terms of the spouse who originally filed the Petition.

If both parties agree to all issues, divorce can be completed rather quickly. In an Arizona divorce, if a Response is filed and the parties are able to agree on all issues, a Consent Decree of Dissolution of Marriage setting forth all the agreements can be submitted to the court. Once the Decree is signed by the judge, the divorce is final.

What Happens After You File for Divorce

RMC

The court typically starts by scheduling a Resolution Management Conference (RMC) where the parties and their attorneys, if they are represented, go before the court for the first time. At the RMC, the court will attempt to determine if the parties have reached any agreements.

RULE 69 AGREEMENT

If there are agreements, the court may have them recorded as a formal and binding agreement. The court will also determine what, if any, services and/or orders the parties need to help conclude the matter. Those services and/or orders could include drug testing of one or both parents, mental health evaluations, vocational evaluations and business evaluations.

SETTLEMENT CONFERENCE

Next, the Court will generally schedule a settlement conference with the court’s alternative dispute resolution (ADR) services. A settlement conference involves the help of a neutral mediator who attempts to help the parties resolve the remaining issues without going to trial.

TRIAL

Last, the court will set a trial date to hear any disputed issues; if the parties are able to settle all issues before the trial date, they can notify the Court to cancel or “vacate” the trial. If the matter does proceed to trial, the court will issue a divorce decree within 60 days of the trial.

Frequently Asked Questions About Divorce

How long will it take to get a divorce?

According to Arizona Revised Statute, section 25-329 and Arizona Rules of Civil Procedure 4.1(c), you must wait at least 60 days from the date your spouse was served before going to Court and having the Decree of Dissolution of Marriage entered. This assumes you and your spouse have agreed on the terms or your spouse is in default. When the spouses cannot agree on how to settle issues such as assets and debts, the length of time to get divorced can be longer. If you litigate the issues, it can take a year or longer.

Where do I file for my divorce?

There are currently four courthouse locations in Maricopa County, which are located Downtown, Northeast, Northwest and Southeast (see resource guide for other county courthouses).

What if my spouse filed and I do not want to get divorced?

You cannot stop your spouse from divorcing you but you can file a request with the court to order a one hour conciliation meeting to try and reconcile. These rules change, depending on the budget, there may be a fee associated with reconciliation. During this “time out” for 60 days, there can be no “discovery” (see glossary) taking place.

What is a Covenant Marriage?

You will most likely know if you have one of these; it is an optional type of marriage created by the state legislature that requires partners to complete marital counseling prior to marrying and to sign a special declaration to obtain a marriage license. In a covenant marriage, a legal separation or divorce may be granted only for certain reasons listed in state law. The law regarding covenant marriages can be found in Sections 25-901 through 25-906 of the Arizona Revised Statutes.

What is a divorce "Decree?"

A Decree of Dissolution of Marriage is the final order of the Court which makes each party a single person again, and includes separate orders concerning child custody and visitation, child support, division of property and debts, spousal maintenance and any other appropriate orders. The Decree is the final order of the court legally ending the marriage. Spouses are not “divorced” until the court grants the divorce and the Decree is signed by the judge. A Decree of Dissolution is a court order and can be enforced just as any other order of the Court.

What if I do not have money to pay the filing or fee?

You may request that the Court waive or postpone payment of the filing or response fees. Forms must be completed and signed by you and submitted to the Court. The forms are free of charge and are available in the office of the Clerk of Superior Court.

How much does it cost to file for divorce in Maricopa County?

The Petitioner (initiator of the divorce) must pay Maricopa County $338.00 as of March, 2010 and the Respondent pays $256.00 for filing an answer.

Can my spouse and I file for divorce together?

No, Arizona does not have a provision for any type of joint filing.

Do I need an attorney for my divorce?

Arizona law allows you to do this yourself. You are considered pro se or pro per; you must follow all the same rules as parties with attorneys. You may have to go into a courtroom but you are held to the standard of an attorney.

Is it possible to represent myself in court?

Yes, as it is not a requirement that you have an attorney to represent you in divorce proceedings. However, the same rules and procedures apply whether you have an attorney or not, which means all papers must be correctly completed and filed on time.

When is my dissolution final?

A dissolution of marriage is final after the judge or commissioner takes testimony, signs the Decree and files it with the Clerk of the Court.

I cannot afford health insurance. If I file for divorce, can my husband stop paying for it while we are in the divorce proceedings?

No. After one spouse is served with the dissolution or legal separation documents, no insurance of any kind can be canceled or modified to the detriment of the other spouse.

Who actually divorces me?

The divorce decree will be from the Judge or Commissioner assigned to your case who works for the Superior Court of Maricopa County, which is a state court.

Am I considered the "bad guy" if I file first?

Someone has to be the Petitioner and someone has to be the Respondent. There is no advantage or disadvantage to either (other than perhaps assignment of the courthouse nearest to the Petitioner).

Does it matter if my spouse was having an affair?

No, Arizona is a “no-fault state,” which means that the court does not require that one spouse prove blame or responsibility in order to end the marriage. However, in Covenant Marriage (see below), a court will not enter a decree of dissolution of marriage unless certain criteria are met. (See Arizona Revised Statute, Section 25-903 for the specific requirements).

What if I change my mind after starting a divorce?

If you and your spouse decide to stay married, the divorce case can be canceled or “dismissed” by filing a request with the Clerk of Superior Court and signed by both parties.

Who can start a divorce case?

In Arizona, either spouse can ask the court for a divorce. A divorce is not awarded to either spouse; rather, it simply changes the status of the marriage relationship.

Will I have a jury if my divorce proceeds to trial?

No, if your case is litigated, you will not have a jury. One judge will make all the decisions that the parties cannot agree on.

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