A more
common service provided by an AZCLDP is the preparation of documents for
uncontested divorces, where the parties agree to the terms of their divorce. In
such cases, many people feel comfortable proceeding without the assistance of
counsel. Arizona is a no-fault state for non-covenant marriages. In Arizona,
state law requires a 60-day waiting period from the date of service, prior to
obtaining a final decree.
There are
two types of uncontested divorces, a default and consent. Both processes begin
the same. In fact, any divorce begins with an initial filing, the documents
required to be filed with the Court to begin the dissolution process. The
initial filing includes a petition and summons among other required documents.
The petition is where you tell the Court what you seek in the divorce including
the division of property and debt, and, custody, parenting time and child
support, if children are involved. The person who initiates the process is the
Petitioner, and will always remain the Petitioner throughout the case, as well
as post decree if modification or enforcement is required.
Once the
initial documents are filed with the Court, the next step is service upon the
Respondent, the opposing party. Service of process can be accomplished in a
variety of ways in Arizona. Service is commonly performed by a licensed process
server. You may also have the Respondent sign an Acceptance of Service, if he
or she is willing, which requires a notarized signature. Service by certified
mail is accepted by the Court as long as the other party signs the certified
return receipt and it is filed with an affidavit. Additionally, there are
alternatives for service, if required, that include publication, which is used
as a last resort if the other party cannot be located. Once service is
complete, the 60-day waiting period begins.
A default
decree is obtained when the other party does not respond within the time
allowed set forth in the summons. If the Respondent fails to respond within the
required time, the next step is to file an Application and Affidavit of
Default. The application notifies the court that the Respondent has not
responded to the petition in the time allowed and the Petitioner wishes to
pursue the entry of a default. The application is filed with the Court and a
copy is required to be mailed to the opposing party. From the date of filing,
the Respondent is allowed an additional 10 business days to respond. If the
Respondent does not respond within this time, an entry of default will be
entered. The next step depends on the circumstances in your case. If your case
does not involve children or spousal maintenance (alimony), you have the option
to schedule a default hearing or file a Motion and Affidavit for a Default
Decree Without a Hearing. If your case involves children or spousal
maintenance, a hearing is required. Both processes require you to submit a
default decree.
A consent
decree may be obtained when the parties agree to the terms of their final
decree. To do this, both parties must pay their filing fees (or have them
waived or deferred by the Court). There are additional requirements when
children or spousal maintenance is involved. The parties are required to sign
the decree and have their signatures notarized. The consent decree is then
submitted to the judge assigned to the case. The judge will sign the decree,
schedule a hearing or send the decree back to the parties, if corrections are
required. Once signed by the judge, the decree is filed with the Court and
copies provided to the parties.
If you
choose to pursue an uncontested divorce, without an attorney, an AZCDLP is an
inexpensive alternative to assist in the preparation and process.
The information provided is based on Arizona family court procedures. This information is strictly informational and not legal advice. If legal advice is required, please consult with an attorney. Arizona Legal Document Services, L.L.C. has references available for family law attorneys.
You may contact us at 480-307-9306 or
602-595-7478 or visit our website arizonalegaldocs.com. We are located in The Court Center at 1837 S. Mesa Drive, C100, Mesa, Arizona 85210 and at 2916 N. 7th Avenue, Phoenix, Arizona 85013.
