In this short video David Cantor explains how long a typical divorce in Arizona will take:
Plenty of marriages occur in Arizona rivaling the number of divorces and re-marriages in the state. The process of marriage and divorce is rather streamlined in Arizona. Nearly all state assisted services in Arizona require a period of domicile. This means the requester for state assisted services offered by the court system must be a resident. Arizona has strict requirements for the requester to utilize or needing recognition of the state. Couples should understand that “uncontested” and “rapid-divorce” must not be taken lightly. Let’s begin briefly examining the process of divorce in Arizona (A.R.S. Title 25 Marital and Domestic Relations).
Making the decision to begin the divorce process is separate from proceeding through the divorce process and just as emotionally draining! While we’ll focus upon the “uncontested” divorce, couples should also review any alternative dispute resolutions prior to divorce proceedings. Arizona state law require divorcing couples to have resided within state boundaries at least ninety days prior to filing for a divorce and both parties present proof of residency before Service of Process. Couples should note that Maricopa County Superior Court hears all family matters including divorce as originating jurisdiction.
Couples desiring the dissolution of marriage must initiate Service of Process, file the Petition for Dissolution of Marriage, and Divorce Decree. During this period, if Service of Process has been properly executed, an answer to the petition is required within thirty days. However, if there’s no answer then there’s no divorce. Arizona requires that both parties agree upon divorce. Service of Process will be considered vacated if there’s no answer from the Respondent unless proven abandonment or absence from bed and board. Upon successful Service of Process, the Clerk of Court will issue a Temporary Order or Preliminary Injunction that all matters and assets shall remain stable and in custody until final judgment has been decreed.
Let’s review the time frames before concluding. There’s a ninety (90) day requirement for couples living in Arizona to prove residency. Service of Process will require thirty (30) days from the initial return service reminding, that an answer must be received from the Respondent. The period for the Temporary Order or Preliminary Injunction will cover ninety (90) days while the final Judgment of Decree is approved or denied. However, the court may discover opposing evidence and based on that evidence find the proceedings defrauded. If this happens, the dissolution proceedings are vacated, otherwise the court concludes all fact finding matters, and the Divorce Decree is authorized and issued.
If you would like more information about the divorce process in Arizona, please call (602) 254-8880 to schedule a free consultation with an attorney. You can also send us a confidential email using our form.
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