If the Respondent is not home when the mail is delivered, the postal carrier will leave a slip in the box for the Respondent to take to the post office to sign for the paperwork there later. The Petitioner then signs an Affidavit of Service , attaches the signed return-receipt to it, and files both with the Court Clerk's office. If your spouse will not sign an Acceptance of Service and also will not sign for the paperwork if it is sent by Certified Mail, that's a pretty good indicator that your spouse is going to be uncooperative in the divorce process.
You will probably need to make arrangements for service through the Sheriff or a private process server, and most likely, divorce by default will be the best way for you to finalize your divorce.
No matter the reason for your divorce, there are two basic categories of divorce: uncontested and contested. In most states, there are two kinds of divorce: contested and uncontested. In all marriages, all of the forms listed above are used. Collaborative divorce is one of the peaceful divorce options, also known as amicable divorce. The Petition should include all the information about what the Petitioner is asking for on all issues in the divorce. Gottfried is a mediator and attorney in Arizona. Once served with the necessary paperwork, your spouse has 20 days if served in Arizona or 30 days if served outside of Arizona to respond to your petition.
Uncontested divorces in Arizona are either consent divorces or default divorces. With a consent divorce, the Respondent must be willing to sign some divorce paperwork in front of a Notary Public and pay a response fee, but the divorce can be finalized without either spouse having to attend a court hearing. With a default divorce, on the other hand, no response fee is required and the Respondent only needs to sign a receipt for the divorce papers when the post office delivers them or sign nothing at all if service is made by a Sheriff or private process server , but the Petitioner will have to go to a court hearing to finalize the divorce.
Consent divorce won't work for everyone.
Unless your spouse is willing to do all of the following, you should choose a default divorce:. The main perk of consent divorce is that the Petitioner won't have to attend a hearing to finalize the divorce. For some Petitioners avoiding a court hearing is extremely important and may make it worth it for the Petitioner to go above and beyond to convince the Respondent consent. In particular, some Petitioners may:. If it won't be possible to secure Respondent's cooperation in the divorce process, don't worry.
You should just plan on a default divorce. Many Petitioners even prefer a default divorce, especially if going to a brief divorce hearing is likely to be less of a hassle than getting the Respondent to sign paperwork and pay a response fee. If you initially received consent divorce paperwork from DivorceWriter, simply log in to your account and switch to default paperwork in the DivorceWriter online interview. You'll have the option to have the paperwork e-mailed to you, sent to you via Priority Mail, or both at no additional charge.
While a consent divorce is easier for the Petitioner in terms of not having to worry about whether the Respondent will do his or her part, it will require the Petitioner to go to a court hearing to finalize the divorce. Your DivorceWriter filing procedures include all you need to know about going to your divorce hearing, including sample testimony and tips to help your hearing go smoothly.
Once you've filed for divorce and served your spouse, Petitioner must do the following to finalize your default divorce:.
follow Serving Your Spouse in Arizona Whether you file your divorce by consent or default, all Arizona divorces start out with the Petitioner filing a Petition with the Superior Court Clerk's office in the county where either spouse lives. Arizona Consent Divorce vs.
Default Divorce Uncontested divorces in Arizona are either consent divorces or default divorces. Encouraging the Respondent to Cooperate in a Consent Divorce Consent divorce won't work for everyone. In particular, some Petitioners may: Pay the response fee for the Respondent.
In the alternative, if the Respondent is experiencing financial hardship that prevents him or her from being able to pay the response fee, the Respondent may file an Application for Deferral or Waiver of Court Fees. Get your papers 3. File for divorce 4. Maria P. Our smooth breakup allowed us to file for uncontested divorce and we just decided to arrange it as simply as possible. Online divorce seemed to be a good idea, and now I'm sure we did it right. All the papers were prepared with no issues and I'm pleased with the price. Kylie G.
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An entirely uncontested divorce is the simplest kind. This means that both people agree to the divorce and all of the terms and provisions to be. Learn whether you qualify for an uncontested divorce in Arizona. court a number of times, and the process will usually take a long time and cost a lot of money.
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