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F.A.Q.

Affordable Family Law, Inc. > F.A.Q. (Page 4)

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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Can I get a divorce without going to court?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Yes, you can get a divorce in Arizona without ever going to court or stepping foot in the courthouse! In Arizona, there are various ways that a divorce can be finalized.  Whether or not you have to go to Court to get a divorce depends on how your divorce is finalized. Consent Divorce If you and your spouse agree on everything, you will be divorced by consent. Neither spouse needs to go to court when divorcing via consent. Default Divorce If your spouse...

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Do I have to take a parenting class?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Yes, if parents have a minor child or children together, each parent must attend a mandatory Parent Information Program class. In this class, parents learn about the impact of divorce on children. Both parents are required to attend the parenting class separately. Even if they do not have any disagreements regarding custody of their children, the parents must attend separately. If one parent fails to attend the Court-mandated class, that parent may not be allowed to have custody and/or...

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