That waiting period must run before you may file your divorce decree with the court. The divorce process requires a person to start a divorce by filing a Petition for Dissolution of Marriage. That petition along with some other required divorce papers must then be served on the other spouse.
The other spouse is then required to file a written response to the divorce petition. If you have an uncontested divorce, you may sign a settlement agreement, called a Consent Decree, with your spouse anytime after the divorce petition is filed.
You simply must hold onto that settlement agreement until the 60 day time period has passed before you may submit that divorce decree to the court. If you have questions about how long you have to be separated before divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC.
Our Arizona divorce and family law attorneys have over years of combined experience successfully representing clients in divorce and family law cases. Call us today at or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.
Your attorney will discuss things like timelines, your role as a witness, and other people who will be there and what they will say. Finally, one of the last steps in the divorce process is the final hearing. This can be one of the most stressful parts of the divorce because you must testify about various aspects of your marriage, children, finances, and more. Some of the most common things that happen at a final divorce hearing include:.
Your lawyer will help you prepare well, which will reduce the anxiety that comes with this last step. Keep in mind that this is your opportunity to tell your story to the judge and explain why you want what you want or need what you need. After the hearing, your attorney will sometimes need to file a post-trial brief or make other motions. These motions could address things like:. In general, the wait can be a few weeks, or it could be a few months. Then, if the judge did not rule in your favor, you can appeal the order in some situations.
Your spouse also has the same option. If no one appeals, then the divorce is final—you are done with the Arizona divorce process from a legal perspective.
If you think you are ready to get the divorce process started, contact our Scottsdale-based team of experienced divorce attorneys. We can help you navigate the Arizona divorce process and sift through the Arizona divorce laws.
Wondering how long the Arizona divorce process takes? The answer is—it depends. Uncontested Divorce in Arizona Technically, an uncontested divorce could be over in as little as about 70 days—but those situations are rare. Arizona Contested Divorce A contested divorce is any divorce where the couple cannot work out one or more issues.
How to Get a Divorce in Arizona Regardless of whether your divorce will be contested or uncontested, you must still go through the first few steps of the divorce process. Step 1: Make Sure You Are Ready to Divorce The decision to divorce is sometimes straightforward, but it is also sometimes the most difficult decision you will ever make.
Some of the most common reasons that couples get divorced include: Lack of communication or support from the spouse Infidelity Substance abuse Carelessness with finances Domestic violence It is not uncommon for couples to decide that their relationship is not working any longer.
Step 2: Find a Divorce Attorney You can file for divorce on your own—but it is rarely a good idea. They will be able to tell you whether what you want to accomplish is possible under Arizona law. Step 3: File for Divorce Your attorney will help you prepare the paperwork you need to file for a dissolution of marriage in Arizona.
Step 4: The Temporary Order Hearing in Arizona Sometimes, the couple is already living apart by the time they want to divorce, but not always. If the couple can agree, then the court will generally permit whatever they decide.
Step 5: Discovery and Disclosure Gathering information is one of the most important parts of any legal case. The Petition is a legal document that asks the court to end the marriage and to issue orders to deal with property and custody. It must comply with the court rules and state laws.
One copy is kept in the court file, one is kept by the spouse who filed and one copy has to go to the other party. That may leave some issues unresolved after your divorce. A carefully drafted Marital Settlement Agreement resolves those problems. The complexity of your situation will impact how long it will take to complete an uncontested. Cases involving child custody issues, child support issues, alimony issues, and a more complex division of property may impact how long an uncontested divorce will take.
Before a case can truly be considered disputed, both must reach agreements covering all of these issues. Although the parents, in principle, may agree they do not want to get into a child custody battle, they still have to create a custom Parenting Plan ad dressing child custody and parenting time issues affecting their minor children. A Parenting Plan should contain sufficient detail to avoid conflicts between the parents in the future. The Parenting Plan should cover such things as when the children will spend time with each parent to avoid future conflicts.
The Parenting Plan should also cover where the children will attend school, the doctors who will provide medical care for the children and the extracurricular activities in which the children will participate.
The Parenting Plan should also cover how changes in major decisions affecting the children will be made, as well as how disputes regarding those decisions will be resolved. As you can see, a good Parenting Plan not only addresses decisions about the present situation but also covers changes that may occur in the future.
All of the decisions and the drafting of the Parenting Plan takes time, which could cause some delay in finalizing a divorce and how long it will take to get an uncontested divorce in Arizona.
There are several factors that go into a child support calculation in an uncontested divorce. One of those factors is the amount of time each parent will spend with the children.
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