Divorce in Arizona
In a default divorce situation, one party serves the other party with a petition for divorce, says Varney, a Mesa divorce lawyer. The party who received the petition is responsible for filing a response to the petition. The responsible party has 21 days to do so, says Varney. For an individual out of state, it is 30 days. At the end of that time period, if no response has been filed, the party who originally filed can now file for default, says Varney. When you file for default, you file an application, an affidavit, and a notice of default to the court, which is also mailed to the other party. The other party has 10 days, plus 5 days for mailing, to issue a written response. If they do nothing, says Varney, the person filing gets everything they asked for in the petition for divorce. If two parties are on the same page, says Varney, it is the best option.
Another way to get divorced in Arizona, says Varney, a Mesa divorce lawyer, is by consent decree. This is where the parties draft up an agreement and come to a consensus on all the issues involved in getting a divorce, like spousal support, child support, child custody, division of assets, attorney fees, and the division of debt. Once all those things are agreed upon, says Varney, you submit a consent decree to the court and the judge signs off on it.
If the parties can’t resolve any or even one of the issues, then they go to trial.
Varney says the fastest you can get divorced is 65 days after service. The opposing party has to file a response in order to get a consent decree or a trial.
Varney says it is important to remember that divorce is not like what you see on television or in the movies. You can’t give someone a divorce, says Varney. You can only file, which then gives the opposing party the opportunity to give a response. Also, who goes to file first does not matter, says Varney. Divorce isn’t as costly as people may think, she says.
For more information on divorce in Arizona and other types of family law, contact Varney Family Law today.
Mesa, AZ 85202
*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.