To start a divorce in Maricopa County, you must complete a Petition for Dissolution of Marriage (With or Without Children) and file it with the court. You’ll also need to fill out, serve, and file the following divorce forms: Family Court Cover Sheet
Full Answer
What is a marital settlement agreement in Arizona?
An Arizona marital settlement agreement is a contract the enables spouses to define their postmarital rights and obligations. The orders imposed in the agreement will affect the spouses’ child support obligations, alimony payments, and the future of their property and debt.
How to file for a divorce in Maricopa County Superior Court?
Maricopa County Superior Court Law Library Resource Center has forms and instructions that you can use. The person filing for the divorce is called the Petitioner. The person responding to the divorce is called the Respondent. The instructions and forms are broken down into 4 different packets.
When do you have to sign a marital settlement agreement?
After both spouses have come to a general agreement it must be written in a marital settlement. This document is recognized in every State and must be signed by both spouses. After the marital settlement agreement is signed it must be filed with the court.
How do I negotiate a divorce settlement agreement?
Prior to initiating the divorce lawsuit, the person filing for divorce (the petitioner) and their spouse (the defendant) should negotiate conditions such as alimony, child support, parental obligations, and the separation of marital property. The spouses should then draft a Marital Settlement Agreement to set forth the settlement terms in writing.
Where do you file divorce papers in Maricopa County?
Superior Court eFiling The Arizona Judicial Branch offers the ability to eFile subsequent and case initiating family court documents for Maricopa County. You can learn more about eFiling in Family Law Cases here. Filing hours are Monday through Friday from 8:00 am- 5:00 pm.
When can you file a consent decree in Arizona?
Steps of filing a Consent Decree: Wait at least 60 days from the date your spouse was served or signed an "Acceptance of Service " for the divorce papers before you file the Consent Decree. Sign the Consent Decree with your spouse in front of a Notary or a Clerk of the Court.
How much does it cost to file for separation in AZ?
The actual filing cost for a petition for legal separation is $349 according to Arizona Judicial Branch under Supreme Court Filing Fees. Response to petition or initial appearance in legal separation costs $279.
How do I file for a legal separation in Arizona?
To obtain a decree of legal separation, a petition is filed by one spouse and then answered by the other. Hearings are held for temporary orders, including child support and parenting time. Spouses negotiate a separation agreement.
How long does an uncontested divorce take in Arizona?
between 90 and 120 daysAlthough you can get a divorce decree in as little as 60 days (in limited circumstances as per the waiting period in Arizona Revised Statute 25-329), the average time to finalize even an uncontested divorce in Arizona is between 90 and 120 days. In many cases, divorces can take considerably longer.
Can I get divorced without going to court?
In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.
Is AZ an alimony state?
Arizona is considered a rehabilitate state when it comes to alimony. This means that the purpose of spousal maintenance is to help your spouse get back on their feet and become self-sufficient.
Who pays attorney fees in divorce?
Traditionally, the parties each pay for their own attorney in a divorce suit. The spouses are not allowed to share an attorney, so each party must provide their own attorney for the legal process.
Is AZ A no-fault divorce state?
Like most states, Arizona is a no-fault divorce state and does allow the marriage to be dissolved without allegations and proof of fault. This means adultery, abandonment, domestic violence, incarceration, and other traditional allegations are not required as legal grounds for no-fault divorce.
Is dating during separation adultery?
Whether a couple is formally or informally separated, they are still married. That means that any extramarital relations or dating during this period could be considered adultery.
Does Arizona require separation before divorce?
How long do you have to be separated before divorce in AZ? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse.
What is a wife entitled to in a divorce in Arizona?
Generally, it is the wife that files for divorce in Arizona so she will be entitled to half of all community property and earnings during the marriage unless she can prove otherwise. Our advice is not contesting a wife's entitlement to more than 50%, but trying to settle out of court by negotiating with her attorney.
When can you file a Consent Decree?
Once at least 60 days have passed, you can file your Consent Decree with the Clerk of Court.
What is a Consent Decree in Arizona?
✓ You and your spouse agree to the divorce or legal separation and you agree on all terms of the. divorce or legal separation, including: • Division of property and debt, • Spousal Maintenance (If applicable), • Legal Decision-making, Parenting and Support of minor children.
What is the effect of a Consent Decree?
It is not strictly a judgment, but rather a settlement agreement approved by the court. The agreement is submitted to the court in writing after the parties have reached a settlement, and once approved by the judge, the agreement is binding and enforceable on both parties.
How do I file an uncontested divorce in Arizona?
Both you and your spouse will complete and sign a Petition and Response for Dissolution of a Non-Covenant Marriage, attaching your written separation agreement in the form of a consent decree, as well as a Notice of Intent to File a Consent Decree for Dissolution of a Non-Covenant Marriage.
What is a Marital Settlement Agreement?
A marital settlement agreement, or “ MSA “, outlines the basic terms for a divorce between a married couple. If there is no prenuptial agreement, the partner with the higher income will be required to provide monetary assistance to the other. This comes in the form of alimony and child support.
What is Alimony?
Alimony is a payment made from a spouse with a higher-income to the other spouse for a period after the marriage has ended. The amount is decided amongst the parties in the marital settlement agreement and further approved by the presiding judge.
What happens if you reach a full agreement in a settlement conference?
If you reach a full or partial agreement in a settlement conference, ADR will alert the judge that you participated in a settlement conference and a full or partial agreement was reached. The trial date may be vacated for full agreements.
How many days before the deadline for a settlement conference?
Civil and Probate: Depending on the deadline to conduct the settlement conference (cases are tickled 90 days prior to the deadline then a judge pro tempore is appointed to conduct the settlement conference).
What is a settlement conference?
A settlement conference is a pre-trial meeting between the parties, in an attempt to settle issues and avoid trial.
Who presides over a settlement conference?
A judge pro tempore presides over a settlement conference. A judge pro tempore is a neutral attorney who is court-appointed to perform specific duties for the courts based on his or her experience and qualifications.
What do I need to do to prepare for a settlement conference?
Each party shall furnish the judge pro tempore with a settlement conference memorandum at least 7 days prior to the scheduled settlement conference.
What happens if I don't show up at the settlement conference?
Family Settlement Conference: Except for extraordinary circumstances, failure to appear at the time scheduled for this settlement conference as ordered by the court will result in your being required to pay $100 no show fee by the assigned judge in your case. If you are represented and unable to attend your settlement conference, please contact your counsel so they can file the appropriate motion to continue the settlement conference. If you are not represented, please file the appropriate motion to postpone/continue your settlement conference to avoid paying the no show fee.
Is the settlement conference recorded?
Only if the parties reach a full or partial settlement, then the settlement agreement is digitally recorded or recorded on the FTR (For the Record) (when a settlement conference is held in a courtroom) (for Family cases only) or a written settlement agreement may be prepared by the settlement judge for parties' signatures (for Family/CV/PB cases).
What is a marital settlement agreement?
A marital settlement agreement—also known as a divorce agreement —is a document that establishes the post-marital rights and duties of divorcing spouses. The primary purpose of this contract is to remind the ex-partners of their obligations and solve any potential disputes that may arise. Solve My Problem. Get Started.
What Should a Divorce Agreement in California Cover?
The main concern when composing a marital settlement agreement is making it clear and including all the necessary clauses in it. California laws don’t propose a specific length of the document or particular provisions, but you can use some recommended clauses to structure the agreement. Check out a few important sections in the table below:
Do you need signatures for a marital settlement?
If you want your contract to carry legal weight, signatures aren’t enough . Like any other agreements that the spouses reach during the separation procedure, a marital settlement agreement must be approved by the court. This usually happens during the final court hearing. In case one of the parties breaches any rule listed in the agreement after that, they may bear serious penalties.
How do I file the divorce papers with the Court?
After you have completed the petition and other documents, you will need to file the paperwork with the Clerk of Court at the courthouse. There are rules that you must follow when you file papers with the court.
How is child support determined in Arizona?
The guidelines allow for the children to supported at the same level as when the parents and child (ren) were living together. Each parent contributes his/her proportionate share of the total child support amount.
What happens in a dissolution or divorce?
State laws require that you wait 60 days from the date of service before you can proceed with a divorce. After the 60 days from the date of service passes, the steps necessary in obtaining a divorce will greatly depend on your situation.
How do I serve the Respondent with the divorce papers?
Part 2 : Service is required because it is the way that you give legal notice to the other party that you have filed court papers. “Service” means that you deliver the papers to the other party through a registered process server or an authorized law enforcement officer (in Maricopa County, the Sheriff's Department) or by having the other party sign a document to accept service.
What does the Judge consider when determining Legal Decision Making and Parenting Time?
Arizona has statutes (rules) A.R.S. 25-403 that have specific factors that the Judge follows when deciding the best interests of the children. There are other factors that may not be written in the statutes, but may be important. These factors include but are not limited to the following: The court shall determine Legal Decision Making, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including:
How can I learn more about the Arizona Child Support Guidelines?
The guidelines are posted on the Arizona Supreme Court web site for you to review. Click here for the Arizona Child Support Guidelines.
How can I estimate how much child support I will pay/receive?
ezCourtForms has an interactive child support calculator that will help you estimate child support.
What happens to assets acquired after separation?
______All assets acquired by either party after the date of separation of the parties shall be the separate property of the party acquiring them, and each party disclaims and waives any and all rights and interest in each asset acquired by the other after that date.
Does 3808 apply to immediate sale of residence?
______The provisions of this agreement with respect to the family residence are intended as additional child support and may be modified; however, Family Code section 3808, providing for a rebuttable presumption in favor of immediate sale of the residence on the occurrence of certain specified events, does not apply.