Arizona Divorce FAQ

Revised: 04/01/09.

Costs & Service

How much for your legal document service?

Do you have any discounts or specials?

How does the divorce (annulment / legal separation) process work?

What do others say about your service?

Why should I hire a professional to handle my case I thought anyone could do their own case?

Can you help me get marriage counseling?

Support Questions

How is child support calculated?

Does equal visitation mean no child support? eFamilyLaw

Consequences for failure to pay child support eFamilyLaw

How is alimony or spousal maintenance calculated?

Spousal maintenance calculator:

What if I need child support, custody, visitation, and/or property access in a hurry?

We can request that the court issue temporary orders. Temporary orders are orders the judge may enter in your case while you are waiting to finalize the divorce. Either the Petitioner or the Respondent can file for temporary orders. Temporary orders are short-term decisions by the judge about child support, child custody, parent-child access (visitation), Spousal maintenance, property, and payment of debts, until a final court order on the case.

Property and Debt Questions

What is community property?

Concerns about a spouse living in another state: eFamilyLaw

Common financial mistakes in a divorce case: eFamilyLaw

If you are in need of information about dividing military retirement plans, trying to figure out how to calculate "income" from a military pay stub, want to learn what a family care plan is, or obtain some information about parenting in custody plans for military families, go to one of these sites: American Bar Association military.com

Child Custody & Visitation

How is custody determined?

I was never married and I have a child with another person. How do I establish rights and/or get support?

I was ordered to attend a Parent Information Class. Where are those classes held?

Can child custody be change?

Can an Arizona court change the custody order of another state? eFamilyLaw

State Qualifications & Processes

Do I have to tell the court why I want a divorce? eFamilyLaw

What is a Covenant Marriage and how to I get a divorce if I have one? eFamilyLaw

Can one person live or move to a different state to obtain a divorce?

Other issues concerning a spouse living in another state: eFamilyLaw

What is an annulment and what are there requirements?

What about church annulments? eFamilyLaw

What is a legal separation?

Should I file for a legal separation or a divorce? eFamilyLaw

How does process service work and do I really need one?

I do not know where my spouse is. How can I get a divorce?

To conduct a search of the Arizona prisons to see if a particular individual is incarcerated Arizona Department of Corrections

What is a restraining order (order of protection) and how do I obtain one?

Trail and Conferences

What is disclosure?

Disclosure is the pretrial process through which each party discloses to the other the evidence and witness testimony that will be presented in trial.

A disclosure statement MUST be sent to all parties within 40 days of the filing of the answer unless otherwise ordered by the court. [Rule 26.1(b)(1), R.C.P.].
Disclosure includes: *The factual basis for each claim/defense *A description of the damages and copies of any exhibits substantiating the dollar value *The legal theory upon which each claim is based *The names, addresses and telephone numbers of all witnesses and a brief summary of their expected testimony *A list of documents or evidence which supports your claims
Failure to comply with disclosure may result in a dismissal or entry of default judgment against you.

For more info eFamilyLaw

What is a motion?

A motion is a request made by a party asking the court to issue a ruling or an order.
If the opposing party files a motion of any kind with the court and you have objections to the motion, you should file your objections in writing within ten (10) judicial days of the filing of the motion to which you are objecting.
The Judge will review the written pleadings and enter an order either granting or denying the motion made. OR
On request of either party, or by order of the court, the Judge may set the matter at issue for an oral argument before rendering any order.

What is a pretrial conference?

A pretrial conference may be held to clarify the issues for trial, and exchange information to allow the parties to meet and possibly reach a settlement.

When you are ready to go to trial you must file a Motion to Set with the court requesting that a trial date be set. In some cases, if neither party files a motion within ten days, the court will set a trial date.

What if I cannot make it to a conference or trial that has been scheduled by the court?

If the Petitioner fails to appear the complaint will be dismissed without prejudice. The court may award the Respondent his/her costs, including attorney fees.
If the Respondent fails to appear, the court may enter judgment against him/her.
If both parties fail to appear, the case will be dismissed without prejudice.

What happens at a trial?

The Petitioner will proceed first and may call witnesses and/or introduce exhibits.
The Respondent may cross-examine any witnesses or object to the admission of any exhibit.
After the Petitioner rests, the Respondent will present their case and may call witnesses and/or introduce exhibits that may prove or defend their position.
The Petitioner may cross-examine any witnesses or object to the admission of any exhibit.