Author Archives: Canterbury Law Group

In Arizona you have the option for an “uncontested divorce.” Although a divorce is difficult for everyone concerned, an uncontested divorce offers the option to avoid circular arguments between the parties, a great deal of money spent and countless trips to a court. Especially, in situations when both parties can come to agreements on the outstanding issues needed to terminate the marriage. Read on to learn more.

The first order of business is to file a petition for a divorce. The forms differ depending on the county you reside in, but the Superior Court where you are going to file can be contacted for the correct forms. The party who does the filing is known as the petitioner and the other party is called the respondent. The petition needs to include the following:

• Basic information regarding both parties and your child or children.
• The agreements you have reached regarding debt and property.
• Custody of the child or children.
• Support of the child or children.
• Visitation arrangements.

Once the petition has been filed and the payment fees made, there are two options, you can get divorced either by:

• Divorce by default.
• Consent decree.

Divorce By Default

Once the petition has been filed the copy of the petition must be served to the respondent. They have twenty days if they are in Arizona (thirty days if they are outside the state) to respond. If there is no response within this time limit, a default can be requested. As everything has already been agreed, the agreement will be ratified and following a sixty-day waiting period – the divorce order will be issued by the judge. The granting of the divorce by the court is known as a Default Decree of Dissolution of Marriage. The other party must be served with this decree within three days of receipt of the document. Both parties, in front of a notary, sign the consent degree, and then it must be filed at the clerk’s office.

Divorce By Consent Degree

Firstly, the papers must be filed, and the other party served as we mentioned above. Following a wait of sixty days from when the party has been served, both parties are required to jointly file a Consent Decree of Dissolution of Marriage. This sets out agreements regarding the following:

• Basic information regarding both parties and your child or children.
• The agreements you have reached regarding debt and property.
• Custody of the child or children.
• Support of the child or children.
• Visitation arrangements.

This decree needs to be signed by both parties and witnessed by a notary and then file it at the clerk’s office. Once the judge has reviewed the document and signed it, it will become what is known as an order of the court. If both parties have had a child or children together, both parties will have to go to a parent education class once the petition has been filed but before the decree has been entered.

Source: Krause, Beth A. T. “Uncontested Divorce in Arizona.” Www.divorcenet.com, Nolo, 2 Dec. 2013, www.divorcenet.com/resources/uncontested-divorce-arizona.html.

It is possible to get a divorce without making a court appearance. Let’s start with a definition:

• Uncontested divorce: This is where the divorce and the divorce settlement has been agreed upon by both parties.

Of course, this does not mean there may not be disagreements between the parties it simply means the parties have come to an agreement without the need of going to a court and using a judge to provide resolution to issues that are outstanding. It should be mentioned at the outset some states require you to go to a judge as part of the divorce process. But even in those circumstances if you can come to agreements, the court case can be over very quickly. Remember, both parties can resolve everything between themselves or utilize what is known as Alternative Dispute Resolution. Read on to learn more.

Issue Resolution

If both parties can take the time to list out the issues that need to be determined and tackle them together, it is often very helpful and productive. Here are some categories to consider:

• Custody of a child or children
• Support of a child or children
• Spousal or alimony support
• Debt and property division

Once this has been agreed upon, a divorce lawyer can go over everything and assist with a Property Settlement Agreement. This usually includes the terms you have stated as well as any legal clauses. Remember, each party will need their own attorney for this process.

Mediation

Both parties can work on their difference with a professionally trained mediator. When meeting with a mediator and supplying the relevant document and information, you can then meet as needed so a settlement can be determined. Usually this does not cause as much stress and the sessions are often informal and attorneys are not a requirement, unless a party insists on one being there. The cost for the mediator is usually shared between the two parties.

Collaborative Divorce Process

Essentially, this is where the parties and their attorneys take part in what can be described as “four-way conversations” so an agreement can be obtained. Attorneys often have specialized training in this area. And if any additional expertise is required, that person, must be agreed on by both parties and adopt a neutral standpoint. This option is sometimes chosen by parties who are happier with legal representation in the proceedings. But the downside is you may have to start over if an agreement cannot be determined with new attorneys as most states do not permit attorneys to represent a party further should the negotiations fail.

Arbitration

When the parties want someone else to determine issues away from the standard court process when they are unable to come to an arrangement by themselves. The role of the arbitrator is to consider the outstanding issues and makes a determination. Note: this is not an option in every state. The upside is both parties get to choose the arbitrator and you can work on setting the times and length of the sessions. On the downside, the decision made is binding and final and you normally cannot appeal. With complicated situations an arbitrator can also become an expensive proposition.

Court Appearances

Even when divorce cases have been settled, a divorce complaint or petition must still be filed with the court to formally dissolve the marriage. In most states when the divorce is a “no fault” divorce for such matters as “irreconcilable differences” you may not have to attend court. There will be some documentation that will need submitting and this is frequently found on the website of the court. As long as everything is completed properly, the judge in normal circumstances will issue a final judgement. In states where a court appearance is mandatory, once the paperwork has been filed, you can inform the court clerk the case has been settled and they normally will give you a court date sooner. You will be with the judge for around a quarter of an hour to verify the reason for the divorce and go over the agreement.

Source: Pandolfi, Joseph. “How to Divorce Without Going to Court.” Www.divorcenet.com, Nolo, 30 Nov. 2017, www.divorcenet.com/resources/how-to-divorce-without-going-to-court.html.

Source: “FAQ.” Legalzoom.com, www.legalzoom.com/knowledge/divorce/faq.

Spousal maintenance, alimony and spousal support are interchangeable terms describing money that a spouse has been ordered to pay to the other party following a divorce. Read on to learn more.

Spousal Maintenance, Alimony and Spousal Support

Alimony are the monies paid by one party to the other during or after the process of divorce. Once it was known only as alimony. Awarded following a court order, its purpose is to maintain living standards the parties became accustomed to during marriage – it is now more often than not referred to as spousal support or spousal maintenance.

Alimony (Temporary)

This is alimony for a specific time. For example, if the divorce causes a party suffering from financial hardship, temporary alimony may be awarded until the party suffering the economic hardship can recover from a financial standpoint. Temporary alimony differs on its length depending on the state or jurisdiction you reside in.

Alimony (Permanent)

This is alimony to be paid until the one making the payments passes away or the party receiving the payments decides to remarry. In some cases, remarriage does not prevent alimony from being paid. For example, if the recipient is unable to work because of disability, the courts may decide the alimony is to be ongoing even if they live with or get married to a third party. However, alimony is non-taxable to the recipient party.

Alimony (Rehabilatative)

This may be awarded when a spouse needs help with college expenses or job training so they may return to a career (or indeed, initiate a career) following the divorce process. Thus, allowing a formerly dependent spouse to obtain the skills needed to assist them in financial independence.  These maintenance awards can range from 1 to 5 years typically.

Other Considerations

Every state has its own laws regarding spousal maintenance (or however the state refers to it as) but it is worth keeping in mind that individual judges (not a jury) have the right to use their discretion in a judicial manner when they determine such issues. Often, they consider the following:

• Will earning power of a party be adversely impacted because they have a child or children to raise.
• The contribution in the role of a homemaker the party may have made in the career of the other spouse.
• The physical, emotional and mental well-being and age of each party.
• The earning potential of both parties.
• The duration of the marriage.  Marriages under 7 years usually do not even qualify for alimony and marriages of 30 years or more can sometimes generate a lifetime alimony award.

Add in those factors and others they judge may consider all factor in to how much will have to be paid. It is always a smart idea to address spousal maintenance issues during the settlement for the divorce. This offers the judge less power and leaves control in the hands of the two parties concerned insofar it was privately  arranged.

In Arizona

In Arizona, when a party is seeking maintenance from the other one of four things must be proven for them to be awarded financial maintenance.

• The length of marriage was such the party is too great an age to be expected to become self-funding or to be able to work.
• As the custodian of a child or children at a young age, the party should not be expected to work, and the spouse contributed to the education of the other party.
• Appropriate employment to become self-sufficient is not available to the party.
• The party does not have sufficient property to meet their needs.

Source: Meyer, Cathy. “The Different Types of Alimony, Spousal Support, and Spousal Maintenance.” LiveAbout, LiveAbout, 11 Mar. 2018, www.liveabout.com/the-different-types-of-alimony-spousal-support-and-spousal-maintenance-1102807.

Divorce documents can be confusing but every document you will read is important. For example, a court issues a “divorce decree” but your “divorce certificate” is issued elsewhere. Read on to learn more.

Divorce Decrees

A document originating from the court and is the final judgment in your divorce is known as a divorce decree. Information contained includes things like child support, spousal support, property division, visitation, custody and other relevant information to your particular situation. They are normally very comprehensive documents containing all the pertinent and agreed-upon information for your situation including the laying-out of any financial obligations the parties will have. A divorce decree may only be issued by a court – it must be obeyed by both parties and represents the judge’s legal decision.

If you elected to settle your case, the settlement will contain all the terms and conditions. It still represents the final judgement and is indicative of the fact the parties did not use the input of a court. This takes matters away from the judge. In cases, where the settlement is very one-sided, a judge may become involved to work on the settlement terms.

Getting A Divorce Decree Copy

Obtaining a certified copy of the divorce decree can normally be obtained the court clerks office. However, some locations place them in the office of the county clerk. In normal circumstances the divorce decree can only be obtained by their parties involved or their legal representation.  Once the divorce decree has been obtained, you will need to ensure both parties are obeying the terms of the decree. You will also want to make sure everyone is meeting their financial obligations. Once you have the divorce decree here is what you need to do:

• Ensure the accuracy of the decree
• If you have questions, speak to your attorney
• Appeal immediately if following a trial, you are not satisfied with the decision of the judge
• Change the terms of your will
• Update your insurance policies with beneficiaries
• Ensure the school of your child or children has updated information for who to contact in the event of an emergency
• If you have a power of attorney, ensure it is changed
• Ensure all financial accounts are only in your name
• Change or cancel debit and credit cards
• If the other party is violating the terms of the decree, bring them back to court
• If child support or spousal support needs to be updated, bring the case back to the court.

Divorce Certificates

This is not the same as a divorce decree. It is a certificate issued by the bureau of vital statistics or the health department of the state you live in. This document states:

• The fact you are divorced
• The names of both parties
• The date and place of the divorce

A divorce certificate may be used for obtaining a change of name, evidence of a divorce, obtaining a visa for travel, obtaining a passport, to show you are no longer marries for the purpose of inheritance, to get married and any situation when you need to show evidence of your divorce.

Source: “Divorce Decree vs. Divorce Certificate – What’s the Difference?” Legalzoom.com, 26 Sept. 2019, www.legalzoom.com/articles/divorce-decree-vs-divorce-certificate-whats-the-difference.