How it Works: Legal Process for Divorce in Arizona

Posted by Josh Prizer

October 29, 2008

by Stephen Trezza

Arizona is a “no fault” divorce state. That means that there is no need to show cause in order to obtain a divorce unless the marriage is a covenant marriage, which is beyond the scope of this article and will not be discussed. One party simply has to allege that the marriage is irretrievably broken with no prospect of reconciliation and that is all that is necessary to satisfy the initial threshold to file a Petition for Dissolution. It is possible to contest an allegation that the marriage is irretrievably broken by filing a responsive pleading which denies the allegation. The case will then be sent to Conciliation Court where both parties are required to attend at least one marriage counseling session, and possibly more if both parties agree. If the counseling fails and at least one party still wants the divorce then the case will be sent back to Superior Court to proceed.

The divorce commences with a few documents, including the Petition for Dissolution. These are sent to the Superior Court and also must be served to the other individual in the marriage.

This process serving is typically done in any of four ways:

1) Certified Process Server;

2) Acceptance by the individual of Service of Process;

3) Certified Mail (Restricted Delivery);

4) Publication

The state of Arizona is the first in the U.S. to license paralegals. The most frequently used method of process serving in an uncontested divorce is done by having the respondent sign the Acceptance of Service Process. A licensed paralegal (certified legal document preparer) can prepare this and many other documents in uncontested divorces. For paralegals to get their licenses, they must have obtained a high level of education and also have practical experience. They are then tested by the Supreme Court of Arizona. If they pass, as well as show a high level of character and fitness, then their license may be issued. When it comes to uncontested divorces in Arizona, a competent, licensed paralegal will be able to handle all your needs.

Contested divorces usually require the use of a certified process server in order to achieve service of process. In any event service of process must be completed within 120 days of the Petition for Dissolution is filed. Contested divorces usually also require the services of an attorney. Representing yourself without an understanding of the Arizona Rules of Family Law Procedure can be a daunting task.

Once service of process is complete the path of the case is dependent upon whether it is a contested or uncontested case. Contested cases will go through a discovery process. The main purpose of the discovery process is so that each party can gather all the necessary information, both personal and financial, about the other party. There are multiple tools and procedures that may be used in the discovery process including depositions, interrogatories, request for admissions and subpoenas. After the discovery process is complete then a Motion to Set Trial is filed, and the Court will issue a scheduling minute entry setting the trial date, a settlement conference date and a deadline for the pre-trial statement to be filed. This process can be short-circuited at any time if the parties reach a settlement. In that case a Consent Decree can be drafted which both parties will sign and the case will be over.

The process is much simpler for an uncontested case. After service of process is complete all there is to do is file an Application for Default 21 days later and wait out the statutorily mandated 61-day waiting period and file a Decree of Dissolution. Your paralegal will keep track of the timelines and deadlines and guide you through the process.

It appears as though Arizona has done its citizens a great service by licensing paralegals. Given that paralegal fees are drastically lower than attorney fees, paralegals offer a great alternative to attorneys especially for uncontested divorces.

About the Author:

Stephen Trezza has helped handle more than 400 divorces every year with Arizona Statewide Paralegal, LLC. For more information about Tucson divorce laws or for other Tucson paralegal services, check out the AZStatewideParalegal website today.

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