Legal document requesting to proceed in a family law matter by default because another party has failed to appear.
The Forms Needed for Active Family Law Cases in Arizona
During your case you may receive a court order that requires you to fill out certain forms. Although you can print, fill out, and file some paperwork yourself, there are numerous legal and procedural requirements that may be missed. Of course we recommend you hire a lawyer to help ensure everything is done properly. However, we understand not everyone can afford to hire a lawyer. That’s why we created Draft My Legal Docs. To offer you the help, support, and expertise of an attorney at a fraction of the cost of hiring an attorney for full scope representation.
Below are the documents that you might need during your case.
During Your Case
Legal document outlining all agreements made between divorcing parties when those parties have agreements on ALL issues.
Legal document outlining all provisions/terms of a divorce decree when a court has allowed a party to proceed by default.
Legal document requesting that a court allow a party to serve an opposing party by alternative means because they are unable to find and/or serve that opposing party.
Legal document to request that a party’s address be protected from public disclosure.
Legal document requesting that a child be interviewed by the court to ascertain the child’s wishes concerning legal decision-making or parenting time.
Legal document requesting that another party be required to submit to a physical, mental, or vocational evaluation by an expert.
Legal document requesting that a judge rule that the opposing party has no case because there are no facts in dispute; and therefore, no case to litigate.
Legal document requesting that a party be able to appear telephonically rather than in-person.
Legal document requesting that two cases be joined into one case because they involve common parties, issues, and/or facts.
Legal document requesting that a hearing date be moved to a future date for a legally justified reason.
Legal document requesting that court records be redacted or sealed from public disclosure.
Legal document outlining a party’s readiness for trial and requesting that the court set a trial date.
Legal document requesting that the court set a Resolution Management Conference.
Legal document requesting that a hearing date be moved or cancelled for a legally justified reason.
Legal document requesting conciliation services by the court because a party believes that there is a chance of reconciliation.
Legal document requesting to change a judge assigned in a case prior to any substantive rulings in a case.
Legal document that outlines the precise terms of legal decision-making, parenting time, and other child rearing decisions.
Legal document requesting alternative channels for dispute resolution between parties.
Legal document requesting that judge enter orders on a temporary basis for parties to follow pending final resolution of a family law matter.
Legal document that outlines a party’s positions, witnesses, exhibits, disputed issues, and other pertinent information in preparation for a trial.
Legal document that clearly identifies how property, assets, and/or debts will be distributed between divorcing parties.
Legal document outlining the issues in a case and a party’s position(s) on those issues prior to Resolution Management Conference hearing.
Legal document that responds or replies to another party’s petition, motion, or other request with the court.
Legal document that outlines any agreements made by parties to an action to serve as an enforceable contract between the parties.
Confidential legal document submitted to a mediator prior to a settlement conference or mediation outlining issues of the case and a party’s positions on those issues.
FAQs About Forms Needed During Family Law Cases in Arizona
Q: What Do I File If the Other Party Was Absent in Court?
A: If the other party in your case has failed to show up in court after either 20 days if they live in-state or 30 days if they live out-of-state, your first step is to begin the process of filing an Application for Default. This legal document officially recognizes that the other party has failed to appear in court or respond to their served legal documents.
After the completion of an Application for Default, the other party will then be served again and will have ten court business days to respond. If they still don’t answer, you can then file a Default Decree and request that the trial be completed as a default hearing.
Q: Which Document Do I Need to File to Cancel or Move a Hearing?
A: If you want to cancel or move/continue upcoming proceedings, you must have a valid reason to do so. You must be able to prove that you aren’t requesting to cancel or move a hearing solely to postpone the hearing. If you have a legitimate reason for canceling or continuing, such as scheduling conflicts, incorrect information regarding the case, or case documents being sent to the wrong person, you should file a Motion to Vacate and/or Continue. This Motion should be timely filed to allow enough time for the judge to render a decision as well as notify the parties involved.
There are a range of potentially valid reasons for asking for an end/vacate or continue an upcoming hearing or trial, and it’s best to consult legal experts to explore your options. If you need legal documentation services in Arizona, our team of highly-trained and experienced legal professionals are here to help.
Q: How Do I Seal a Record?
A: In order to seal a record, you must file a Motion to Seal with the court. Through this motion, you have the ability to seal or redact certain information from the public. If successful, this information is then ineligible for viewing or discussion. However, there must be a pressing reason for wanting to hide said information from the public. Your reason for doing so must be something other than simply not wanting the general public to have access to the records. A few reasons that you may want to seal documents are:
- Avoidance of liability gained by public release
- Protection of personal safety
- Disputes of confidentiality, especially if opposing parties quantify the same document differently
Q: What Paperwork Should I File If My Spouse and I Agree to All Terms?
A: Divorce proceedings can go a number of different ways, and some spouses either will not or do not need to contest the terms of a divorce. In scenarios where both parties have agreed upon all aspects and outcomes of a divorce, a Consent Decree can be filed. Once approved, this decree can be particularly useful for saving time and money for the involved parties, since it can significantly reduce the amount of time spent in hearings and avoid any further ones. Supporting documentation will be needed along with this decree to provide evidence for matters such as finances and property.
Q: What Should Divorcing Parents Be Prepared to File?
A: If you are going through a divorce and are a parent of a child under the age of 18, you will need to make various decisions regarding their status and have them approved by the court. You will need to file a legal document called a Parenting Plan, which essentially outlines how you and your partner will split up parenting responsibilities.
This document can determine parenting time, legal decision-making responsibilities, as well as visitation rights for each parent. The plan will also outline when and where exchanges of children should be made, in addition to how the parents plan to communicate about the children and what platforms they will use to do so.
Since child support is typically involved in cases involving minor children, be prepared to submit an Affidavit of Financial Information with the court along with a Child Support Worksheet.
Q: My Expenses Are Piling Up, Is There a Way to Settle Matters Outside of Court?
A: If you are eager to take matters outside of the court, you may file a Petition for Open Negotiation. This petition allows parties to meet with a neutral third-party negotiator who will attempt to help each party reach an acceptable resolution.
This option can be quite effective for divorcing couples looking to cut costs dedicated to ongoing legal proceedings and divert their time and energy to making solid decisions for their future. If this fails and a solution cannot be found, the negotiator will inform the court and proceedings will resume. In Arizona, legal document services are excellent options to help you better understand and prepare yourself for these negotiations. They can cost much less than an ongoing attorney and are just as effective in scenarios similar to this one.
Q: Is There A Way to Combine Similar Ongoing Court Cases?
A: In Arizona, if you have multiple hearings involving similar people and legal concerns, you have the option to merge all of these cases into one. This typically happens when two separate parties file their cases around the same time. For instance, a Wife files for divorce and prior to being served with the divorce paperwork, the Husband goes and files for divorce. This can be done by filing a Motion to Consolidate. After examining the ongoing proceedings and deeming that the parties are the same and have similar pressing legal issues, they can be combined into a single joint hearing.
This is done to save the court time, as well as to save time and money for the involved parties. The court is strict in its requirement that the involved parties are the same, and the cases must have nearly identical topics for this to happen in Arizona. Legal document services can be an enormous help in creating convincing documentation to better your chances of getting a combined trial.
Q: The Opposing Party Still Hasn’t Properly Been Served, What Should I Do?
A: Respondent parties can avoid having documents served, either intentionally or unintentionally. You simply may not know where the other party lives, or they might have successfully dodged your attempts so far. Regardless of the specifics, avoidance still means that the case is being delayed. If you are still waiting for the opposing party to be served in your case, you may have the opportunity to file a Motion for Alternative Service. If granted, this petition allows the respondent to be legally served through other means. Some of these alternative methods can include:
- Via social media account
- By first or second class mail
- Via a publication in a newspaper
- Via an email to their last known email address
- Posting a physical copy to the door of the last known address
There are other methods beyond these to alternatively serve another party. If this is happening during your Arizona court case, take the time to speak with legal experts to explore and consider all your options.
EXPLORE OUR OTHER ARIZONA FAMILY LAW DOCUMENT SERVICES
Whether you are just beginning your case or your case has already ended and you need to make modifications, we are here to help. Our services ensure that you have access to all the legal documents best suited to achieve your goals for your family law case and peace of mind knowing that those legal documents are filed correctly in compliance with state laws and court procedures.