Divorce Process

Petition for Dissolution of Marriage

To begin the divorce process in Arizona, one party must file a Petition for Dissolution of Marriage (“Petition”) with the proper Court. Once the Petition is served, the other party has 20 days to file a Response, or 30 days if served out of state.

Response to Petition for Dissolution of Marriage

The Response must include answers to the Petition's claims and must timely assert additional claims. The failure to timely assert additional claims can result in the permanent waiver of such claims. Therefore, it is extremely important to timely assert all claims in your Response.

Financial Disclosures

Within 40 days of service of the Answer or Response, both parties must exchange the required financial disclosures, including a Sworn Financial Affidavit.

Resolution Management Conference

This may be the first hearing before the court to let the court know the issues involved in the case. At this Conference, the Court may schedule deadlines for future hearings and mediation.

Temporary Orders

If you cannot agree on temporary arrangements, you can request a Temporary Orders hearing to put into place a temporary plan regarding financial matters such as the payment of the mortgage, utilities, credit cards, car payments, child support, and maintenance. The court may also determine a temporary parenting plan. The Temporary Orders are just that – temporary. The Temporary Orders will remain in place until Permanent Orders are issued.

Discovery

Either party can serve Discovery on the other party. Discovery typically includes Interrogatories (written questions) and Requests for Production of Documents.

Mediation

Mediation provides you and your spouse an opportunity to try to settle some, or all, of the issues in your case without going to trial. You can choose to pay for private mediation, or if you cannot afford private mediation, the court may set mediation with an appointed mediator.

If the case settles during mediation, the agreements reached during the Mediation are filed with the Court and the Court is asked to approve the agreement. Once the Court approves the agreement, the dispute is resolved and the trial is cancelled.

Trial

If you are unable to resolve the various matters in your case through Mediation, the case will proceed to trial and the Judge will decide the outcome of your case. Although it is usually in your best interest to resolve your case without going to trial, there are times when the parties cannot reach an agreement. In those cases, the only option is to go to trial.

Appeal

If a party is not satisfied with the decision made by the Court, the decision can be appealed, but there are deadlines to notify the court of your appeal, or you lose the right to appeal.

Post-Trial or Post Decree Modifications

If your circumstances change after your divorce, you can return to Court to modify any prior orders issued by the Court.