A Summary of Divorce in Arizona

The state of Arizona is what is called a “no fault” divorce state, meaning an individual is not required to show cause when getting a divorce. (With the exception of something called a “covenant marriage,” which this article will not cover.) In Arizona, one party from the marriage only has to allege that their marriage is irretrievably broken without prospects of repair. This is the threshold that needs to be shown in the initial Petition for Dissolution. The other party can contend that the marriage is not irretrievably broken and file a responsive pleading to deny this allegation. When this occurs, the case is then moved to the Conciliation Court, and here the couple must attend at least one counseling session about their marriage (sometimes more if both individuals agree to it). However, if the counseling effort proves insufficient and one individual still wishes to pursue the divorce, then the case is routed back to the Superior Court to continue.

A divorce starts with a Petition for Dissolution and some other documents. These documents are filed in Superior Court and served on the other party.

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

1) Delivered by a Certified Process Server;

2) Acceptance by the individual of Service of Process;

3) Certified Mail (using restricted delivery);

4) Publication

The other party will often sign the “Acceptance of Service of Process” in an uncontested divorce. In an uncontested divorce this document and many others can be taken care of by a licensed paralegal (also called a legal document preparer). Arizona is the nation’s first state to license its paralegals. To get a license, individuals must have obtained practical experience and need to have accomplished a high level of education. They will take an exam given by the Supreme Court of Arizona. If they pass the exam and display a high level of character and fitness, then they will receive their license. An adept, licensed paralegal can properly handle uncontested divorces in Arizona.

Contested divorces, on the other hand, often need a lawyer as well as a certified process server. (Process must be served within 120 days of the filing of the Petition of Dissolution.) Without an understanding of Arizona Rules of Family Law Procedure, trying to represent yourself in this process can be very difficult.

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.

Since attorney fees are much higher than paralegal fees, using a paralegal is an excellent option, especially for uncontested divorces. By licensing paralegals, the state of Arizona has helped its citizens tremendously through the divorce process.

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