An Overview of Arizona Divorce Litigation
Every divorce is unique — because your family and situation won’t be the same as your neighbors’, colleagues’ or friends’. While traditional proceedings can take a few months to a year or more to finalize, some proactive preparation — or opting for a DIY Divorce — can help speed up the process.
Family Law 101
No matter which approach you take, here are a few legal terms you may hear often throughout the divorce process.
- Petition for Dissolution: The Petition for Dissolution marks the start of divorce litigation, A.K.A. “filing for divorce.” One party in a marriage files the petition and serves it on the other party.
- Disclosure & Discovery: Disclosure is the affirmative obligation to disclose evidence. Discovery is the obligation to respond to specific requests for information from the other side.
- Marital Community: Governed by statute, the marital community starts on the date of marriage and ends on the date of service of the Petition for Dissolution.
- Property: Any property acquired or debt incurred during the marital community is usually equally divided, as Arizona is one of nine states that follows community property rules.
- Asset Division: If you and your soon-to-be ex-spouse can’t come to an agreement on the division of assets, then the court will make the decision for you. We know how to get the orders you want and obtain agreements that would be upheld by the court.
- Legal Decision-Making Authority & Parenting Time: Formerly child custody, legal decision-making authority determines which parent controls major upbringing decisions, like religion and education. Parenting time determines the amount of time children spend with each parent. Arrangements will vary by family situation.
- Resolution Management Conference: A short, simple hearing that allows the judge to set a schedule to resolve the case.
- Motion for Temporary Orders: A request in which the judge orders where everyone will live, who will pay the bills and, if temporary support is appropriate, who will pay it to whom.
Types of Divorce
There are five main ways to resolve a divorce case in Arizona — litigation being the most complex and time-consuming for couples who cannot reach an agreement independently, and DIY Divorce being the fastest, most affordable option for those willing to resolve issues on their own.
Litigation
A divorce is litigated (or contested) when the spouses can’t agree on how to resolve certain issues — like child custody or asset division. One party files a petition with the court, the other party files a response, then a judge decides the case outcome for them.
Mediation
Mediation is a voluntary settlement process that gives parties the option to resolve issues on their own, while still receiving unbiased legal assistance when needed. No trial is required here, as the spouses come to agreements independently.
Direct Negotiations
The divorcing parties’ legal counsel will attempt to resolve an issue by communicating positions via oral or written communication. In some cases, the parties and their attorneys will hold a settlement conference to accomplish this.
Arbitration
In arbitration, the parties can hire a neutral attorney to serve as a private judge. Arbitration hearings can typically be accomplished more quickly than a trial through the regular court system.
Divorce Is Hard. We Make It Easier.
Unsure of your next move during this difficult time? We get it, and we’re ready to help you move
on to your next chapter with a fraction of the fuss through a simplified DIY Divorce process.
Unsure of your next move during this difficult time? We get it, and we’re ready to help you move on to your next chapter with a fraction of the fuss through a simplified DIY Divorce process.