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Affordable Family Law, Inc. > F.A.Q. (Page 3)

What is a consent decree?

[vc_row triangle_shape="no"][vc_column offset="vc_hidden-sm vc_hidden-xs"][vc_column_text]A consent decree is the document used when both you and your spouse agree to all terms of the divorce. Both parties must agree on division of property and debt, spousal maintenance, and the parenting plan (if minor children are part of the marriage). Using a consent decree makes the divorce process quicker and easier. What does it mean to divorce by "consent"? Divorcing by consent means that both parties will be divorced using a consent decree. They must...

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How do you get a divorce without knowing where your spouse is?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Do you want a divorce but you can't locate your spouse? If you don't know where your spouse is to have them served with divorce papers, you have other options. The court offers two main options: alternative service and service by publication. Alternative Service You will want to use this option if you have had recent contact with your spouse. If you are able to communicate with them via text, email, or social media, you can ask the court to use...

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How to file for divorce in Arizona?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Filing for Divorce in AZ There are a couple of requirements that must be met before someone files for a Maricopa County Divorce. No one is required by law to hire a lawyer or any other legal professional for assistance. Although hiring legal assistance is not required by law, it can be very helpful and make the process much easier. As long as the person filing for the divorce is living in Arizona, there is a good chance they can...

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What if my ex-spouse does not do what was ordered in the divorce, regarding property, debt, assets, or children?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Once the case has been finalized, if your ex does not comply with what was ordered, you can file a Petition to Enforce with the Court. A hearing will be scheduled, where a Judge will enforce what was ordered and make your ex comply. We can help you with filing a Petition to Enforce. Contact us today for a free consultation and assistance![/vc_column_text][/vc_column][/vc_row]...

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Process Service: How do I serve someone?

[vc_row triangle_shape="no"][vc_column][vc_column_text]The Court requires that once you file your Petition for divorce, you must then have your spouse served. You can serve divorce papers to your spouse in various 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 of...

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What if my children live in another state?

[vc_row triangle_shape="no"][vc_column][vc_column_text]If your children live out of state, you may need to file your case in another state. In order to file papers in the state of Arizona, the children must have lived in the state for the past 6 months. Arizona will not take jurisdiction of a child who lives in another state. Sometimes things can get confusing if there are orders out of one county and the children now live in another. If your children live in another...

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How long does my spouse have to respond or contest the divorce?

[vc_row triangle_shape="no"][vc_column][vc_column_text]If your spouse wants to contest the divorce, they need to file a response with the court. The amount of time they have to respond depends on where they live. If your spouse lives in the state of Arizona, they are given 20 days to file a response. If your spouse lives out of state, they are given 30 days to file a response. When your spouse doesn't file a response in the given time, you can ask the...

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When will I begin to receive child support or spousal maintenance (alimony)?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Support payments do not go into effect until the divorce or custody case has been finalized. That means that if you are entitled to receive child support or alimony from the other party, those payments are to begin on the first day of the first month following the finalization of the case. If you are entitled to child support from a divorce finalized in October, the payments would begin on November 1st. Similarly, you would receive spousal support on...

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How does my divorce affect Social Security?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Many couples getting a divorce wonder how their divorce will affect social security. Divorces take place in a county's family court through a local government agency, whereas social security is a program through the federal government. Therefore, local county divorce papers cannot override any benefits from the federal government. Since social security is a federal program, there are social security benefits for divorced spouses. What are the social security benefits for divorced spouses? Divorced spouses are entitled to social security benefits...

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What is a Notary?

[vc_row triangle_shape="no"][vc_column][vc_column_text]A notary (notary public) is a public officer who has the authority to act as an official witness when legal documents are signed. According to the Arizona Secretary of State, "In Arizona, a notary public is a public officer commissioned by the Secretary of State to perform notarial acts, as defined in the Arizona Revised Statutes (A.R.S.). A notary, in essence, serves as an impartial witness [A.R.S. § 41-328(B)]."  Many documents filed with the Court require that the signature of...

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