A Do It Yourself Divorce in Arizona Guide
If you’re an Arizona resident wanting a divorce, this is what you need to know about the process.
A Divorce Petition
When facing a do it yourself divorce in AZ, starting with a ‘divorce petition’ is common and can be obtained at any legal aid service. It’s a document filled out by the Petitioner (the spouse wanting the divorce) and then served to the Respondent (the spouse receiving the petition).
At this time, it’s also mandatory that a copy of the petition be sent to the county court where either spouse resides.
What Is Included in a Divorce Petition?
A do it yourself divorce in Arizona typically has listed every name directly involved in the petition – the name of the husband, wife, and children (if present). If there are any separate properties obtained during the time of the marriage, those addresses are also listed. Typically a settlement on custody and support, and alimony if necessary, would also be listed on the petition.
Steps Toward Serving the Petition
With any do it yourself divorce in AZ, the “service of process” then commences. That is the process by which a Petitioner serves the petition, also known as the “divorce papers,” to the Respondent personally. At this time, the Respondent may sign or not sign it. If signed, the process continues. If not signed, the Petitioner must then file for a default with the court. In the event that a Respondent can’t be located, a professional server must be hired to serve the papers.
Once the Petition Is Served….
That process upon signing then continues toward common steps like automatic restraining orders on both parties, a stipulation stating that children may not be taken out of state, new insurance purchased, and old insurance obtained during the marriage sold. In addition, property may not be sold or borrowed against during this time period.
There is one thing, however, a Respondent may do without requirement: filing a “response” to the petition. This can serve either to quicken the whole process, if the response is an “agreement” on every stipulation listed on the petition. A Respondent, of course, can disagree with certain aspects of the petition – or the whole petition entirely.
At that point, this is what will happen….
What Happens When One Spouse Doesn’t Agree With the Terms of the Divorce?
A typical do it yourself divorce in Arizona may include disputes, such as what properties belong where, or who will have custody of the children, or the amount of child support. A Respondent may even disagree with the entire divorce and want to continue on with the marriage. Typical reasons for disagreement during a do it yourself divorce in Texas may include everything from property distribution to child custody. A Respondent or Defendant may even disagree with the divorce entirely.
Whatever the reason, the next course of action would be to proceed to court and discuss the issues, sometimes with lawyers present, and then come to a decision that would benefit both parties.
After a do it yourself divorce in AZ makes it through all disputes, the waiting period then continues until the final decision is made by the court to either award the judgment or not.