The state of Arizona is what is called a “no fault” divorce state, meaning an individual is not required to show cause when getting a divorce. (With the exception of something called a “covenant marriage,” which this article will not cover.) In Arizona, one party from the marriage only has to allege that their marriage is irretrievably broken without prospects of repair. This is the threshold that needs to be shown in the initial Petition for Dissolution. The other party can contend that the marriage is not irretrievably broken and file a responsive pleading to deny this allegation. When this occurs, the case is then moved to the Conciliation Court, and here the couple must attend at least one counseling session about their marriage (sometimes more if both individuals agree to it). However, if the counseling effort proves insufficient and one individual still wishes to pursue the divorce, then the case is routed back to the Superior Court to continue.

A divorce starts with a Petition for Dissolution and some other documents. These documents are filed in Superior Court and served on the other party.

This process serving is typically done in any of four ways:

1) Delivered by a Certified Process Server;

2) Acceptance by the individual of Service of Process;

3) Certified Mail (using restricted delivery);

4) Publication

In an uncontested divorce the most common method of service of process is to have the Respondent sign an Acceptance of Service of Process. This document, along with many other documents in an uncontested divorce, can be prepared by a paralegal (aka a certified legal document preparer). Arizona is the first state in the country to license paralegals. In order to obtain a license an applicant must have achieved a high level of education and have practical experience. Then they can sit for an exam administered by the Supreme Court of Arizona and, so long as they pass the exam and exhibit a high level of character and fitness then a license may be issued. A competent, licensed paralegal is very well equipped to handle uncontested divorces in Arizona.

Contested divorces, on the other hand, often need a lawyer as well as a certified process server. (Process must be served within 120 days of the filing of the Petition of Dissolution.) Without an understanding of Arizona Rules of Family Law Procedure, trying to represent yourself in this process can be very difficult.

After process has been served, the case’s course depends on whether it is uncontested or contested. If the case is contested, then it will need to go through the discovery process. Here, the individuals can obtain the necessary personal and financial information from the other party in the divorce. Attorneys will utilize a range of procedures and legal tools in discovery: requests for admissions, interrogatories, depositions and subpoenas. After this process, the Motion for Trial is then filed. The Court issues a scheduling minute entry to set the trial date, a date for settlement conference, and deadlines for filing the pre-trial statements. At any time, this entire process can be cut short if the couple comes to a settlement. If that occurs, then the couple will sign a Consent Decree and the divorce case is finished.

For uncontested divorces, the procedure is much less complicated. Once the process of service is done, all that is needed is the filing of the Application for Default after 21 days. Then you wait the mandated 61 days before you file the Decree of Dissolution. When you use paralegals to handle this, they will take care off all the dates and help you through the entire procedure.

It appears as though Arizona has done its citizens a great service by licensing paralegals. Given that paralegal fees are drastically lower than attorney fees, paralegals offer a great alternative to attorneys especially for uncontested divorces.

Emely Peight loves blogging about legal matters. For further divorce information or for Mesa paralegal help, or if you need a Mesa AZ paralegal, please visit these websites now.