What to Expect in Arizona Divorce Court
Scottsdale divorce attorney sets courtroom expectations
If you’ve filed for divorce or have received divorce papers, you may have heard horror stories about the divorce process. True, adverse results can happen, but this is often due to parties getting bad advice or failing to act on good advice. At Clark & Schloss Family Law, P.C. in Scottsdale, we believe that forewarned is forearmed. We offer this introduction to Arizona divorce court and invite you to consult with us to learn more.
Preparing for divorce court in Arizona
The adage that “a job well started is half finished” is quite applicable to divorce. A Maricopa County divorce attorney at our firm can get your divorce started properly, well in advance of your filing, so you have a better chance of a smooth process. We will work to gather compelling evidence to proceed towards a favorable resolution.
The timeline for an Arizona divorce court cases
Briefly, here are the important steps in any Arizona divorce:
- Filing of petition — The spouse requesting the divorce, known as the petitioner, files documents asking the court to dissolve to marriage and requesting specific rulings on property, support, and child custody.
- Service of process — The petitioner arranges for the spouse to receive a copy of the petition and a court summons.
- Filing of response — Within 20 days of being served, the other spouse, known as the respondent, files a response with the court. This document can request different terms for the divorce decree. If the respondent does not file, the court can enter a default judgment, which might give the petitioner everything requested in the petition.
- Cooling-off period — Arizona law requires couples to wait 60 days from service of divorce papers. Although this period is meant to allow couples to reconsider divorce, it is often a fruitful period of negotiation to arrive at a settlement.
- Filing of consent decree — Couples who reach a settlement on essential issues, such as property division, spousal support, child custody and child support, can file a consent decree that details their agreement.
- Preliminary hearing —If you have filed a consent decree, the judge can issue a ruling on those terms, granting you an uncontested divorce. If not, then at about the 90-day mark, you make your first appearance in court.
- Trial — If there is no agreement reached, the case is set for trial on the outstanding issues. How long the trial might last depends on several factors, such as the complexity of the marital estate, whether children are involved and whether the parties want to cooperate.
For contested divorces, mediation is often a necessary part of the Arizona family court process.
Court appearance and procedures
When you make a court appearance, you should conduct yourself with the utmost seriousness. This means dressing appropriately, maintaining your composure and waiting patiently until you are called upon. Your attorney can prepare you for testimony, including cross-examination, if necessary.
Finalizing the divorce in Arizona court
In contested divorces, the judge rules on key issues, and the divorce decree has the force of the law. If one party refuses to comply, the other can request enforcement from the court, which can include seizure of assets and even jail time.
Contact our Scottsdale lawyers for a divorce consultation
The Arizona divorce attorneys of Clark & Schloss Family Law, P.C. provide knowledgeable and compassionate counsel on all matters related to marital dissolution. To schedule a consultation at our Scottsdale office, call 602-789-3497 or contact us online.
