How Long Does a Divorce Take to Finalize in Arizona?
Filing for divorce in Arizona means that you must comply with several rules dictated by the Arizona Rules of Family Law Procedure. These rules are complex and can be difficult to understand; therefore, it is in your best interest if you speak with a family law attorney to ensure you are following those rules accordingly. The amount of time it takes to file and finalize a divorce in Arizona depend on numerous factors, including whether your divorce is contested, requires litigation, or needs to work out a parenting time arrangement.
Limitations for Filing
To file for divorce in Arizona, you or your spouse must be a resident of the state for a minimum of 90 days before you can file, per ARS Section 25-312. Therefore, if you are not a resident and/or have not been one for long enough and your spouse is not/has not been either, you may have to wait the three-month period before you can file the petition for a dissolution of marriage.
Understanding the Process of Filing for Divorce
There are numerous steps that you or your divorce attorney will follow for the dissolution. First, you must collect all necessary documents required to file your petition. Once the petition is filed, the copies must be served on your spouse, the respondent. Then, your spouse has a 20-day window from the time they receive those documents to respond to the petition presuming they were served within Arizona (30 days if they were served outside of Arizona).
How Long the Entire Divorce Process Could Take
After the dissolution is served, there is a 60-day cool off period, which must elapse before you can finalize your divorce. Even if you both agree, you still must wait the period of 60 days before the divorce is final. If you do not agree to the terms of the divorce, you will have to schedule a trial date, which is often several months out. Then, once trial has been conducted, a judge has up to 60 days to issue a ruling.
Contact the attorneys at Udall Shumway, PLC to begin your dissolution process, and let us guide you through the deadlines and steps to streamline your divorce proceeding.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding How Long Does a Divorce Take, or other family law issues, please feel free to contact Barry C. Dickerson at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools, and municipalities in Mesa and the Phoenix/East Valley.