Untying the Knot: Married to Single in 7 Steps

Divorce can be challenging and emotionally draining, but understanding the process of untying the knot can make it more manageable. In Arizona, the divorce process follows a procedure designed to ensure fairness and clarity for both parties. Let's review how to get you from married to single in 7 steps.

STEP 1. Filing the Petition for Dissolution of Marriage

The first step in initiating a divorce in Arizona is filing the Petition for Dissolution of a Non-Covenant Marriage with the Superior Court in the county where either spouse resides. This legal document outlines the basic information about the marriage, such as the marriage being irretrievably broken, property and debt distribution, child custody (if applicable), and other relevant details.

STEP 2. Serving the Petition

After filing the Petition, the next step is to serve it to the other party (the Respondent) within 120 days. Service can be achieved through various methods, such as certified mail, a process server, or through acceptance of service. Proper service ensures that the Respondent is officially notified of the divorce proceedings.

STEP 3. Responding to the Petition

Upon receiving the Petition, the Respondent has 20 days (if served within Arizona) or 30 days (if served outside Arizona) to file a Response with the court. The Response addresses the issues raised in the Petition, including agreements or disagreements regarding property division, child custody, spousal support, and other matters.

STEP 4. Disclosure

In Arizona family court, the parties must exchange certain information to the other party. Disclosure refers to the mandatory exchange of certain information between parties. This exchange is aimed at providing both parties with a comprehensive understanding of each other’s circumstances, assets, debts, income, expenses, and other issues involved in the divorce.

Disclosure plays a crucial role in ensuring transparency and fairness during legal proceedings to prevent any party from hiding or withholding important information that could impact the outcome of the case.

Failure to comply with disclosure requirements can have serious consequences, including sanctions imposed by the court. Therefore, parties must adhere to the rules and deadlines to ensure a fair and equitable resolution.

STEP 5. Early Resolution or Resolution Management Conference

In Arizona, divorcing couples are often required to attend either an Early Resolution Conference (ERC) or a Resolution Management Conference (RMC). The ERC is intended to facilitate communication and encourage parties to resolve disputes amicably through negotiation. The RMC is basically a status conference where judge assists the parties in case management which includes setting deadlines.

STEP 6. Negotiating a Settlement and Preparing Final Documents

During the negotiation phase, both parties work together or with their respective attorneys to reach a settlement agreement on all aspects of the divorce, including division of assets and debts, custody and child support, spousal maintenance, and any other relevant issues. Once an agreement is reached, parties prepare and sign a Consent Decree and other final documents outlining the terms of the settlement for the judge's approval and entry to finalize the divorce.

STEP 7. Trial and Issuance of Final Orders

If the parties are unable to reach a full settlement through negotiation, the case may proceed to trial. During the trial, each party presents evidence and arguments to the judge, who then issues final orders regarding property division, custody and support, and any other unresolved matters. The judge will issue a divorce decree within 60 days of the trial's conclusion, finalizing the divorce.

Conclusion. The Arizona divorce process involves several critical steps, from filing the initial Petition to either reaching a settlement agreement or proceeding to trial if necessary. Understanding these 7 steps can help individuals better navigate the legal process, consider their best option and make informed decisions.

Disclaimer: The information provided in this blog is for educational and informational purposes only and should not be construed as legal advice. For personalized legal guidance, you may schedule a legal session with Legal Resolutions at AZLegalResolutions.com/booking or seek guidance with another qualified professional.