The Arizona Supreme Court has developed an extensive and helpful website about the divorce process, including answers to many other collateral question regarding custody, support and property division. Courts have attempted over the years to streamline the process, starting with the elimiation of finding fault.(Except in the case of "Covenant Marriages). Once the parties determine there are irreconcilable differences, then one spouse or the other must start the case by filing a Petition for Dissolution.

The Petition

The contents of the Petition is essentially a summary of your marriage beginning with personal information, information about children, where the marriage occurred and other background information.  Most forms include sections where a detailed statement of your assets and debts are set out.  Finally the form includes a section where you request the relief you want, how you want the property to be divided, the custody arrangements for the children, their support and or support for you and any other relief you want, including restoration of a maiden name.

In addition to the Petition, other documents must be prepared to be served with the Petition.  Most sites offer complete divorce "packets" that include these forms.

The Resposne

The Response may in fact agree with much said in the petition.  You may state what you don't agree about, describe property the other spouse did not list as community property,and  set out your request for relief.  It is often a mirror image of the Petition.

What happens after the Petition is filed?

The other party must either accept service of the Petition and the other documents that accompany it. Then the other party has 20 days to file a Response unless everyone agrees to perhaps delay the Response while a solution is worked out. Once the Petition is filed the Court will then set a Resolution Management Conference to see if there are prospects of an early settlement. Both parties prepare a Resolution Management Statement setting out their respective proposals for resolution. Often times the parties significantly narrow  the issues at the RMC.

If the parties can't agree on temporary child custody or support issues after the Petition is filed, then one side or other can file a Petition for Temporary Orders to have the Court set some preliminary ground rules until further agreement or until a final decree is entered.

If the there is still dissagreement at the RMC regarding child custody the parties are usually referred to mediation to attempt to work out any disagreements.  If mediation is successful, then property and debt, and child and or spousal support issues must be resolved. Some Courts in Arizona will have a judge or commissioner who is not hearing your case conduct a settlement conference on the issues remaining after as successful parenting plan has been created in mediation.

The Court may set status conferences from time to time to check on the progress of the case.  Ultimatley the parties either request the case be set for trial or the Court on it on, sets a trial date.

The Divorce Trial

Arizona divorce trials are tried to a judge and not a jury. Depending on the issues remaining at the time of trial, they can be heard over several hours or several days. Witnesses and exhibits are submitted. Testimony is presented and the Court will usually adjourn to consider a ruling.  That ruling can sometimes be immediate but often will take days or weeks to be sent to the parties. There is a right to appeal out a court trial to the Arizona Court of Appeals errors of law or fact a party believes the court may have committed.

After the ruling becomes final the parties then submit a Decree of Dissolution to the Court for signature. At any time after 60 days of serving the other party with the Petition, a Consent Decree of Dissolution may be filed. This decree is one that both sides agree to versus one imposed on you by the Court.