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F.A.Q.

What is a No-Fault Divorce?

Is there such a thing as a no-fault divorce? Many people call us and ask us for a "no fault divorce." However, Arizona is what's known as a "no fault divorce state." Meaning, every divorce in the State of Arizona is a no fault divorce. Every single one! Oftentimes, when people ask us for this, they mean they want an uncontested divorce. This type of divorce can also be known as a "default divorce" and we believe that's where the confusion lies. In a default divorce, one person (the "petitioner" serves the other with papers. If the other person ("respondent") does not contest,...

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Do I have to go to Court to get a divorce in Arizona?

Whether or not you have to go to Court to get a divorce in Arizona depends on how your divorce is finalized. If you and your spouse agree on everything, meaning you will be divorced by consent, neither spouse will have to go to Court. If your spouse does not respond to your divorce petition, you can apply to be divorced by default. If you are divorcing via default and there are no minor children common to your marriage and you are not requesting spousal maintenance, you can file a Motion with the Court requesting that your default divorce be entered without having to...

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How do I get an uncontested divorce in AZ?

 If you and your spouse are divorcing by agreement, you can obtain an Arizona divorce by consent - also referred to as an uncontested divorce. To do so, you must still file your Petition for divorce with the Court. Your spouse will then accept service of the Petition, saving you the cost of a process server. You or your spouse will still pay the Court's Response/Appearance fee, but they will not file a Response contesting your divorce Petition. Instead you will write all of your agreements regarding your divorce into a document called a Consent Decree of Dissolution of Marriage,...

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Process Service: How do I serve someone?

The Court requires that once you file your Petition for divorce with the Court, you must then have your spouse served. You can accomplish process service in a variety of ways. If you and your spouse are divorcing amicably, your spouse can simply accept a copy of your divorce Petition and sign off on an Acceptance of Service that you will file with the Court. If your spouse does not know you are filing for divorce or refuses to accept service of your Petition, you can 1) hire a licensed process server to serve your spouse - upon completion of...

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How long does it take to get divorced in Arizona?

[cmsms_row][cmsms_column data_width="1/1"][cmsms_text] How long your Arizona divorce will take to be finalized is going to depend on how your divorce is finalized. If you and your spouse agree on everything, meaning you will be divorced by consent, you should anticipate your divorce will be finalized in approximately 90 days. If your spouse does not respond to your divorce petition, meaning you will be divorced by default, you should anticipate your divorce will finalized in approximately 90-120 days. If you cannot locate your spouse, you will have to get the Court's permission to serve them via publication and then proceed via default and you should anticipate...

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How does the Court define community property and debt?

AZ Community Property Arizona is a community property state, which means that the Court considers any property, assets and debts acquired by either of the spouses during their marriage to be just as much the property, asset and debt of the spouse that acquired it as it is for the non-acquiring spouse. There are limited exceptions to this, for example property received as a gift or inheritance by one spouse during the marriage. But typically, all property, assets and debts acquired from the date of marriage through the date that the Divorce Petition is served are considered community property and must be identified...

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How does the Court define a minor child?

The term minor child might seem like it would have an obvious definition, but in Arizona it can have two different meanings depending on the context in which it is being used. A child is considered a minor child for purposes of legal decision making authority, child custody and parenting time as long as they are under 18 years of age. However, things get a little more involved when determining if a child is a minor child for purposes of child support payments. In Arizona, a child remains a minor child for purposes of child support until they turn 18 or until...

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Can I request counseling before divorce?

In Arizona, only one spouse has to want a divorce in order to achieve it. (That statement does not apply to covenant marriage, read more about covenant marriage in Arizona here.) Oftentimes, the spouse not seeking the divorce would like to attempt counseling before the divorce is filed or finalized. However, there is no way to "force" the spouse that desires a divorce to seek counseling if they don't want to attend. To resolve this conflict, the Superior Court offers a service called Conciliation Counseling to married couples who are either considering or in the midst of a divorce. Either party can filed a Petition...

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What is a Notary Public?

A notary or notary public is a public officer who has the authority to act as an official witness when legal documents are signed. According to the Arizona Secretary of State, "In Arizona, a notary public is a public officer commissioned by the Secretary of State to perform notarial acts, as defined in the Arizona Revised Statutes (A.R.S.). A notary, in essence, serves as an impartial witness [A.R.S. § 41-328(B)]."  Many documents filed with the Court require that the signature of the person filing the document must be notarized. This means that when you file certain documents with the Court you will need to sign the...

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