A Notice of Right to Convert Health Insurance — Each spouse deserves the right to convert health insurance, and must receive an advisory notice about the rights and responsibilities that surround any existing health insurance policy that the couple may share.
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Preliminary Injunction — This stops both spouses from doing things with money, property, children and insurance until the court can resolve the issues, or both parties create a written agreement. It is a court order that stays in effect until the divorce ends. If a spouse violates the preliminary injunction he or she can be sent to jail.
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Notice to Creditors- This is a document that advises each spouse about the rights and responsibilities each of them has regarding the debts that were acquired during the marriage. In addition to filing these forms, most counties require the petitioner complete a Domestic Relations or Family court cover sheet. The sheet gives information about both parties that will help in processing the case.
The petitioner must create three copies of the aforementioned forms.
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The original must go to the Clerk of the Superior Court, the next to his or her spouse, and the final copies are for the petitioner's records. Finally, filing fees vary from county to county, and in order to determine what fee one will pay at filing it is best to contact the County Superior Court.
All forms, as listed by county, can be found through the Arizona Judicial Branch Website. Service In order to let your spouse know that you are filing for divorce, copies of the above forms the summons, the petition etc.
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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. 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.
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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.
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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. 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. The tools of discovery include interrogatories, depositions, requests for production, and more. This is a critical court appearance before the judge where the case will be decided. The trial may include witnesses, friends, financial experts, psychologists, as well as the submission of other types of evidence including financial records. The final decision is a judgment.
Roadmap of Basic Court Procedure in Arizona The divorce process in Arizona, known more precisely as dissolution of marriage, can be rather daunting, particularly when there are children involved. However, because divorce documents are public record, commonly spouses have strong feelings about who actually is listed as the one who filed the divorce paperwork.
Often, one spouse does not really want the divorce, so he or she does not want it to appear that he or she initiated the divorce process. Sometimes one spouse is farther along in the acceptance process and it feels better to have that person be listed as the Petitioner.
Whatever the personal reasons, as a divorce mediator, I ask that the couple decide together who will be listed as the Petitioner and who will be listed as the Respondent in order to address any strong emotional feelings. All Rights Reserved.