One of the parties involved needs to be a resident of the State of Arizona for at least 90 days prior to filing for divorce.
It varies with each individual case. The simplest case is based on if the divorce is by Default (where the other party does not respond). Default divorces take about 75 days. If the case is by Stipulation (where both parties agree on all terms), the proceedings can take only about 65 days. But if the divorce is Contested (where one party disagrees with the other), it can take several months or more.
If it is a Default divorce, only the party who filed the divorce papers (the Petitioner) will have to go to court for a quick hearing. If it is by Stipulation, usually neither party will need to appear in Court. A Contested divorce, if it remains Contested and the parties cannot mutually agree, the divorce will end up in the Court.
Arizona is a "no fault" state. The requirement for divorcing is that the marriage is irretrievably broken. The person filing for divorce will generally have to take a few additional steps if the other party contests the divorce, but will eventually get a divorce. Over 80% of all divorces in Arizona are not contested.
A process server is an Officer of the Court, licensed by the Superior Court of Arizona He or she delivers (serves) the legal documents to the party being served with the divorce papers (the Respondent). The process server then files a "proof of service" with the court, certifying that the other party has received the divorce papers and been properly noticed. This method insures the proper notification of the Respondent, and does not require cooperation or signature of the Respondent.
Arizona law allows for participants in civil cases, such as divorce, to represent themselves. In Arizona, only 10% of all cases are represented by legal counsel. - - Law Offices of Keith Knochel |