Posts classified under: AZ

A Petition for Dissolution without Minor Children (Divorce) is a legal document filed by a party to initiate divorce proceedings within the state of Arizona. Typically, this document will clearly outline a party’s position on the following issues:

• Distribution of Property
• Distribution of Debts and Assets
• Spousal Maintenance (Alimony)

Included with the Petition for Dissolution filing are a set of required supporting documents:

• Family Court Cover Sheet
• Summons
• Preliminary Injunction
• Sensitive Data Sheet
• Notice of Right to Convert Health Insurance
• Notice Regarding Creditors

In Arizona, one spouse does not need to prove the other spouse was at fault for anything that led to the divorce. It is enough under Arizona law that the spouses have irreconcilable differences or that the marriage is irretrievably broken. As such, any married couple can seek dissolution of marriage regardless for the reasons behind the divorce. Divorce is also known as dissolution of marriage because the parties are essentially “dissolving” their marriage and returning to the status of a single person. Once a Petition for Dissolution and applicable supporting documents are filed and served upon the other party, Arizona law requires that a party wait 60 days before proceeding with the divorce. The length of a divorce proceeding can vary and will typically be contingent upon the number of contested issues between the parties.

A Petition for Legal Separation is a legal document filed by a party to initiate legal separation proceedings within the state of Arizona. Typically, this document will clearly outline a party’s position on the following issues:

• Distribution of Property
• Distribution of Debts and Assets
• Legal Decision-Making, Parenting Time, and Child Support (if minor children are involved)
• Spousal Maintenance (Alimony)

Included with your Petition for Legal Separation filing are a set of required supporting documents:

• Sensitive Data Sheet/Coversheet
• Summons
• Preliminary Injunction
• Notice of Right to Convert Health Insurance
• Parent Information Program Order and Notice (if minor children are involved)
• Affidavit Regarding Minor Children
• Notice Regarding Creditors

In certain situations, legal separation may be a reasonable alternative to divorce. Simply moving out of a marital home and separating from a spouse is not considered a “legal separation.” Legal separation will often involve the same issues as a divorce (e.g. community property, community debt, child custody, spousal maintenance/alimony, etc). The main difference is that in a legal separation both parties are still considered “married” in the eyes of the law so neither party can lawfully remarry.

Reasons for deciding to legally separate as opposed to filing for divorce include, but certainly are not limited to the following:

• Separated spouses, while living apart, can still benefit from the same joint health insurance plan;
• Separated spouses can remain married for purposes of religious preferences;
• If married long enough, separated spouses can receive certain social security benefits;
• Separated spouses may be able to continue filing taxes jointly (this is all dependent on each couple’s individual circumstances); and
• If separated spouses are simply uncertain if divorce is the right decision to make, a legal separation can provide them with a general feeling of what it would be like to be divorced, and whether or not they may wish to rekindle their relationship.

Legal separations are governed by agreements that are approved by a court. Terms regarding property, child custody, visitation, child support, and spousal support (alimony) are all outlined in a separation agreement. If spouses can come to an agreement on how such terms should be outlined, then a judge is likely to approve the agreement.

A Petition for Legal Separation is a legal document filed by a party to initiate legal separation proceedings within the state of Arizona.  Typically, this document will clearly outline a party’s position on the following issues:

• Distribution of Property
• Distribution of Debts and Assets
• Spousal Maintenance (Alimony)

Included with your Petition for Legal Separation filing are a set of required supporting documents:

• Sensitive Data Sheet/Coversheet
• Summons
• Preliminary Injunction
• Notice of Right to Convert Health Insurance
• Notice Regarding Creditors

In certain situations, legal separation may be a reasonable alternative to divorce. Simply moving out of a marital home and separating from a spouse is not considered a “legal separation.” Legal separation will often involve the same issues as a divorce (e.g. community property, community debt, spousal maintenance/alimony, etc).  The main difference is that in a legal separation both parties are still considered “married” in the eyes of the law so neither party can lawfully remarry.

Reasons for deciding to legally separate as opposed to filing for divorce include, but certainly are not limited to the following:

• Separated spouses, while living apart, can still benefit from the same joint health insurance plan;
• Separated spouses can remain married for purposes of religious preferences;
• If married long enough, separated spouses can receive certain social security benefits;
• Separated spouses may be able to continue filing taxes jointly (this is all dependent on each couple’s individual circumstances); and
• If separated spouses are simply uncertain if divorce is the right decision to make, a legal separation can provide them with a general feeling of what it would be like to be divorced, and whether or not they may wish to rekindle their relationship.

Legal separations are governed by agreements that are approved by a court. Terms regarding property, child custody, visitation, child support, and spousal support (alimony) are all outlined in a separation agreement.  If spouses can come to an agreement on how such terms should be outlined, then a judge is likely to approve the agreement.

A Petition for Mediation is a formal request to the court for mediation services. This request can be made by either party pre or post decree (before or after a decree is entered by a court). A party will typically request mediation when there are disagreements as to legal decision-making and parenting time over a minor child and that party wants to try to mediate and resolve those issues. Additionally, many divorce decrees and parenting plans include a mediation provision requiring the parties to first seek mediation to resolve disputes prior to bringing a court action.

Included with a Petition for Mediation filing is an “Order for Referral to Mediation.” After receiving the Petition for Mediation and Order for Referral to Mediation the court will grant the request and refer the matter to Conciliation Services for mediation. Shortly thereafter, Conciliation Court Services will set up a date and time for the parties to meet with an unbiased third party (mediator) to help resolve the issues between the parties. However, the mediator cannot force the parties into an agreement. Accordingly, if the parties are still unable to resolve the issues after seeking Conciliation Court Services, the parties may have to proceed with a court action to resolve their issues.

A Petition to Enforce is a legal document filed by a party seeking to enforce the terms and/or conditions of a court order. Often enforcement of an order becomes necessary when a party fails to meet the obligations listed within their divorce decree, parenting plan, or child support order. These obligations can include support or financial obligations like:

• Spousal Maintenance/Alimony
• Child Support
• Payment of Debts,
• Distribution of Assets
• Distribution of Personal Property
• Sale of Real or Personal Property

Additionally, a parent may want to enforce terms of a court order regarding their minor child(ren) (ex:  legal decision-making and parenting time). This often occurs when a parent is either not meeting the conditions of the parties’ court order or preventing a parent from exercising their rights as listed in their court order. In these cases, it may take legal intervention to force the other party to abide by the parties’ court order.

A Petition to Establish is a legal document filed by a parent who wants to establish any of the following rights over a minor child or children:

• Paternity
• Legal Decision-Making
• Parenting Time
• Child Support

Typically, child custody and parenting time issues are settled by voluntary agreement of the parents. However, if the parents of a child are unable to agree to child custody arrangements, the court can be used as an intermediary to settle the dispute.  In these actions, the court will always look at factors that support “the best interests of the child.”  These factors can include but are not limited to:

• Physical, emotional, and mental development of the child
• Child’s age
• Relationship of the child with each parent
• Ability of the parent to support the child
• Home environment
• Time the child spends with each parent
• Logistics
• Schooling

The amount of child support either parent pays is based on the Arizona Child Support Guidelines.  According to the Center for Policy Research (2008) “The core of the guidelines calculation is a lookup schedule of basic obligations for a range of incomes and number of children. The basic obligations reflect economic data on the costs of raising children. The obligated parent’s pro rata share of the basic obligation forms the basis of the award amount. To determine the final obligation amount, the guidelines provide for additional adjustments such as parenting time, health insurance, childcare expenses, and other factors.”

Ultimately, a Petition to Establish will clearly outline the filing party’s position on any of the aforementioned issues as well as why that party’s requests are in the best interests of the minor child(ren).