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Posted March 23, 2019 by balajiloyal0

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Every state has what is called a "waiting period" for divorce. In Arizona, any person who wishes to divorce may do so 60 days after they file a Petition for Dissolution. (This is not to be confused with jurisdiction, which requires 90 days of residency.) If you have made the decision to proceed with a divorce, here is a road map of the divorce process:

File a petition for divorce. This is the first legal step in obtaining a divorce. Even if the decision to divorce is mutual, only one spouse files a petition for divorce.

Service of Process (Must File Proof of Service). The spouse initiating the proceedings must serve the opposing spouse and file proof of service with the court clerk. Service can be accomplished by either using a process server or having your spouse sign an acceptance of service form.

Response to the petition. This is filed by the spouse who did not file the original petition for divorce, and can address a number of divorce-related issues including child custody, child support, spousal support, division of assets and more.

Do you have minor children? If so, then a motion for temporary orders of child support and child custody may be required if you cannot agree on an interim custody plan for your children. In Arizona, Temporary Orders can also address spousal support and other financial issues.

Gather financial information. This includes tax returns, bank statements, retirement accounts and any important business documents. All these are needed for making property division and support decisions in Arizona.

Discuss property division. If possible, it is always helpful to discuss property division with your spouse reasonably early in the divorce process. Although no decisions will be made at this time, it helps to have a clear understanding of what your spouse's position is regarding the division of your marital property.

Negotiation. During this period, if the divorce is amicable, issues can usually be settled via mediation (formal or informal), parenting conferences, or alternative dispute resolution settlement conferences, all of which are available under Arizona divorce law.

Trial. If issues cannot be resolved in pretrial litigation/negotiation, then the case goes to trial and your assigned family court judge will make all the decisions about your case.

Decree of Dissolution. This document finalizes the divorce and spells out all aspects of your divorce, including child custody, parenting time/visitation, child support, spousal support, and property/debt division. When the judge signs the decree of dissolution, either by agreement or after trial, your case is officially over and you are divorced.
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Last Updated March 23, 2019