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F.A.Q.

Why do I have to wait 60 days for my Arizona divorce to be finalized? What is the Court’s “cooling off” period?

The Arizona Court requires sixty (60) days, referred to as a "cooling off" period, from the date of service before a divorce can be finalized. The purpose of the waiting period is two-fold. First, it is designed to allow sufficient time for the spouse seeking a divorce to be sure they actually want to get divorced.  Secondly, the waiting period allows the spouses to negotiate the terms of their divorce. It is essentially designed to prevent people from "rushing" into...

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What if my spouse won’t agree to the divorce?

In Arizona, the only requirement for the Court to grant a divorce is that one spouse affirms the marriage is irretrievably broken.   Your spouse won't agree?   They don't really have a choice.   If either you or your spouse disagree with the divorce, a request for Conciliation Counseling can be filed and the Court will require both parties to attend a joint counseling session with a Court counselor. If either you or your spouse still want the divorce after attending that single counseling session,...

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How long does it take to get divorced in Arizona?

  How long your Arizona divorce will take to be finalized is going to depend on how your divorce is finalized.   If you and your spouse agree on everything, meaning you will be divorced by consent, you should anticipate your divorce will be finalized in approximately 90 days.   If your spouse does not respond to your divorce petition, meaning you will be divorced by default, you should anticipate your divorce will finalized in approximately 90-120 days.   If you cannot locate your spouse, you will have...

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What is a legal document preparer?

A Legal Document Preparer is someone certified by the State of Arizona to have the necessary legal knowledge, experience and ethics to assist individuals with completion and filing of legal documents according to the Court's requirements.   Affordable Family Law is a certified legal document preparation company. At Affordable Family Law our certified legal document preparer, Jessica Worley, has ten years of previous experience working as a paralegal in prestigious Arizona family law firms.   Based on her years of experience and distinction as...

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Process Service: How do I serve someone?

  The Court requires that once you file your Petition for divorce with the Court, you must then have your spouse served. You can accomplish process service in a variety of ways. If you and your spouse are divorcing amicably, your spouse can simply accept a copy of your divorce Petition and sign off on an Acceptance of Service that you will file with the Court.   If your spouse does not know you are filing for divorce or refuses to accept service...

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What is a contested Arizona divorce?

If you and your spouse are unable to reach agreements about your divorce, one of you will file a petition, and the other one will file a response.   To file a response, means "to contest". In Arizona, we call it a response, but it means the same thing as contesting.   If this happens, the next step will be mediation. Most divorces end in mediation.   Areas of disagreement may be regarding any aspect of the divorce, for example child custody, spousal maintenance (alimony) and/or...

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Can I request counseling before divorce?

In Arizona, only one spouse has to want a divorce in order to achieve it. (That statement does not apply to covenant marriage, read more about covenant divorce in Arizona.)   Oftentimes, the spouse not seeking the divorce would like to attempt counseling before the divorce is filed or finalized. However, there is no way to "force" the spouse that desires a divorce to seek counseling if they don't want to attend.   To resolve this conflict, the Superior Court offers a service called...

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How do I get a divorce in Arizona if I have a covenant marriage?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Most married couples do not have a covenant marriage. A covenant marriage differs from a "standard" marriage both in the steps it takes to get married, as well as the requirements for divorce or legal separation. You would likely know if you entered into a covenant marriage, but if you're not sure, here is a summary of what is involved in achieving a covenant marriage in Arizona. [/vc_column_text][vc_empty_space][vc_column_text] Are you looking for Arizona Covenant Marriage Divorce Forms? First, the couple must attend premarital counseling sessions to address...

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How do I get an Arizona divorce by default?

[vc_row triangle_shape="no"][vc_column][vc_column_text] In Arizona, an "uncontested divorce" is called a "default divorce." In most other states, it's called an "uncontested divorce," but Arizona likes to be different![/vc_column_text][vc_empty_space height="12px"][vc_column_text]Once you file for divorce, you must have your spouse served with the documents. You can use a process server, certified mail or by having them sign an Acceptance of Service (AOS).   Upon completion of service, your spouse has 20 days-- if served in Arizona (or 30 days if served outside of Arizona)-- to file a...

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