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Arizona Divorce Process

The attorneys at Singer Pistiner, P.C., in Phoenix have successfully guided many people through the Arizona divorce process. Throughout the process, our lawyers will keep you informed of important developments. We will return your phone calls, answer your questions and address any additional issues that may arise over the course of your case.

There are two ways to get divorced in Arizona:

  • If one party files a divorce petition and the other doesn't respond, the petitioner can file for a default divorce without the other party participating. The court will hold a hearing to review issues such as marital property and child custody.
  • If one party files a divorce petition and the other files a response disagreeing with any of the requests in the petition, the court will schedule a trial to resolve the disputes. The issues could be resolved before the trial by mediation or settlement.

Whether your divorce follows the default path or not, the minimum time required for divorce in Arizona is approximately two months. The average divorce takes six to eight months, but could take longer depending on the issues. You and your spouse may have a temporary orders hearing to resolve issues such as paying bills, temporary support, and temporary custody and visitation until your divorce is final.

Arizona Divorce Steps

The following outlines all of the steps that may be involved in an Arizona divorce.

  1. Divorce petition filed (filing fee required)
  2. Divorce petition served on the other party (service fee required)
  3. The other side has 20 days from the date of service to file a response (filing fee required)

  4. If no response is filed within 20 days, the petitioner may move for a default judgment.
  5. The other side has 10 days to respond to the motion for a default judgment. If no response is filed, the court will set a date for a default hearing.
  6. Attend default hearing if necessary and bring proposed decree
  7. If the other side files a response, discovery commences. This includes preparation and exchange of disclosure statements, requests for production of documents, interrogatories and depositions.
  8. If you or your spouse files a request for temporary orders with your divorce petition, the court will set a return hearing. At your return hearing, the court will set an evidentiary hearing on the temporary orders as well as issue dates for a trial, deadlines and any alternative dispute resolution (ADR) (ADR fees required)
  9. If there is no request for temporary orders, the court will set a resolution management conference (RMC). At this conference, the court will issue dates for a trial, deadlines and any ADR (ADR fees required)
  10. Thirty days after your resolution management conference or return hearing,
  11. Alternative dispute resolution held. This may include mediation, a parenting conference or settlement conference.
  12. Joint pretrial statement due to the court at least five days prior to trial
  13. Exhibits to be used for trial due to the court at least five days prior to trial
  14. Trial

Divorce Lawyers Serving Phoenix, Scottsdale, Tempe, Chandler and Mesa

If you'd like to know more about the Arizona divorce process, please feel free to call 602-910-2642, 623-239-4610, or send us an e-mail to schedule a free initial consultation. From our office on Camelback Road, we represent clients throughout the Phoenix metropolitan area in Arizona.

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