Table of Contents
Filing Divorce First in Arizona
Many of our clients have asked whether there is an advantage of filing divorce first in Arizona. If you have a good attorney, it should not matter whether you file first or your spouse files the divorce petition first.
However, that does not mean there may not be some advantage of filing divorce first in Arizona.
First, we want to talk about some of the advantages of filing divorce first in Arizona, as well as ways to level the playing field if you are not the first to file a divorce in Arizona.
Benefits of Filing Divorce First in Arizona
As a general rule, there is little advantage of filing divorce first in Arizona.
There may be certain procedural advantages to filing first. For example, the person who files for the divorce is called the Petitioner. The other spouse is called the Respondent.
At trial, the Petitioner presents his or her entire case. The Respondent then presents his or her entire case. The Petitioner is then granted one more opportunity to present additional evidence at the final divorce trial after the Respondent concludes his or her case. This is called rebuttal evidence.
This procedure gives the Petitioner the last word before the judge makes his or her decision.
A strategic attorney who plans his or her case well can take advantage of this benefit.
Although this benefit is worth mentioning, you should not rush into a divorce by filing divorce first simply to gain this procedural advantage if there is any chance of reconciling your marriage.
First Person to File Divorce Gets to Decide the County Where the Case Will be Heard
Most spouses live in the same county, so there typically is not a dispute as to which county the divorce will be filed.
However, if you and your spouse live in different counties or even different states, the person who files divorce first will establish the venue where the divorce will be heard and decided. That may provide one of the spouses with an advantage by filing the divorce first.
It is a lot easier to manage a divorce if the case is being litigated in your home town as opposed to another county or even another state.
Filing Divorce First in Arizona to Protect Assets and Limit Community Debts
Nobody should rush into a divorce unless they are sure that is the correct decision. However, you should be aware that filing divorce first may help you protect community assets and limit your liability for community debts. This can be accomplished by filing for divorce.
When a divorce is filed, the court issues a Preliminary Injunction. That injunction precludes either spouse from wasting or concealing community property.
That Preliminary Injunction is effective on your spouse when he or she is served with it along with the other divorce documents filed with the court.
Also, Arizona law provides that the community terminates (so long as a divorce is finalized) when the divorce petition and related documents are served on your spouse.
As a result, any debts your spouse runs up after being served divorce papers is his or her sole and separate obligation.
Level the Playing Field With Divorce Mediation
If you cannot save your marriage, you may also consider alternatives to resolving your Arizona divorce case.
For example, many people choose the less difficult road of divorce mediation with an experienced Arizona divorce mediation attorney.
Regardless of whether you are the first to file a divorce in Arizona or you choose to go through divorce mediation, it is imperative that you understand the entire divorce process in Arizona.
Conclusion: There Are Advantages to Being the First to File for Divorce in Arizona
In conclusion, you know there is a slight advantage to filing divorce first in Arizona. However, that advantage can easily be overcome by being thoroughly prepared when you take your divorce case to trial. Alternatively, you can still level the playing field if you were not the first to file for divorce in Arizona by mediating your divorce.
Our website is one of the most comprehensive source for information on all aspects of a divorce including child custody issues in Arizona, child support issues in Arizona, alimony issues in Arizona, community property issues in Arizona, paternity issues in Arizona, and Orders of Protection in Arizona.
If you have questions about the advantage of filing divorce first in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.
Does it matter who files for divorce first in AZ?
No, either spouse may file for divorce first in AZ. However, there are some advantage in being the first to file for divorce in Arizona.
Is it better to be the Petitioner or the Respondent in a divorce in Arizona?
There is no significant advantage of being either the Petitioner or Respondent in the divorce other than the Petitioner has the right to provide additional rebuttal evidence at trial.
More Articles About Divorce in Arizona
- ARIZONA DIVORCE PRACTICE
- CAN MY SPOUSE BE ORDERED TO PAY MY ATTORNEY FEES IN ARIZONA
- HOW TO APPEAL A DIVORCE DECREE IN ARIZONA
- MISLED INTO SIGNING DIVORCE SETTLEMENT IN ARIZONA
- MODIFYING A DIVORCE DECREE IN ARIZONA
- WHY MEDIATE YOUR DIVORCE IN ARIZONA
- HOW TO PREPARE FOR DIVORCE MEDIATION IN ARIZONA
- FUNNY DIVORCE QUOTES IN ARIZONA
- LEARN ABOUT UNCONTESTED DIVORCE IN ARIZONA
- ARIZONA DIVORCE LAWS
- EFFECTS OF DIVORCE ON CHILDREN IN ARIZONA
- DIVORCE STATISTICS IN ARIZONA
- PARENTING CLASS DURING A DIVORCE IN ARIZONA
- MERGER OR INCORPORATION OF SETTLEMENT AGREEMENT IN ARIZONA
- HIGH NET WORTH DIVORCE ARIZONA
- HIGH ASSET DIVORCE IN ARIZONA
- COMPLEX DIVORCE CASES IN ARIZONA
- SEALING COURT RECORDS IN AN AZ DIVORCE
- REASONS TO FILE FOR DIVORCE IN ARIZONA
- HOW MUCH DOES A DIVORCE COST IN ARIZONA
- ARIZONA DIVORCE RECORDS SEARCH
- DIVORCE IN ARIZONA WITHOUT CHILDREN
- DOMESTIC VIOLENCE AND DIVORCE IN ARIZONA
- MILITARY DIVORCE LAWS IN ARIZONA
- GUIDE TO DIVORCE FOR MEN IN ARIZONA
- COPING WITH DIVORCE IN ARIZONA
- DIVORCE COURT JURISDICTION ARISES FROM STATUTES IN ARIZONA
- ARIZONA DIVORCE LAWS ON ADULTERY
- FAILURE TO INCLUDE AN ISSUE IN AN ARIZONA DIVORCE
- SOCIAL MEDIA EVIDENCE IN DIVORCE IN ARIZONA
- WHAT TO DO WHEN SERVED WITH DIVORCE PAPERS IN ARIZONA
- SEVEN STEPS OF THE ARIZONA DIVORCE PROCESS: ULTIMATE GUIDE TO DIVORCE
- CHANGE TO MAIDEN NAME AFTER DIVORCE IN ARIZONA
- STOP AN ARIZONA DIVORCE
- ARIZONA DIVORCE DEBT
- MARITAL SETTLEMENT AGREEMENT IN ARIZONA
- SELLING COMMUNITY PROPERTY DURING A DIVORCE IN ARIZONA
- HOW TO OBTAIN A DIVORCE AFTER LEGAL SEPARATION IN ARIZONA
- WHAT REASONS DO I NEED TO OBTAIN A DIVORCE IN A COVENANT MARRIAGE IN ARIZONA
- CONVERT TO A COVENANT MARRIAGE IN ARIZONA
- WHAT IS A COVENANT MARRIAGE IN ARIZONA
- WHAT HAPPENS IF THE DIVORCE CASE GOES TO TRIAL IN ARIZONA
- HOW IS A DIVORCE FINALIZED IN ARIZONA
- DIVORCE CASE IS ON THE INACTIVE CALENDAR IN ARIZONA
- WHAT IS A FAMILY LAW MASTER IN AN ARIZONA DIVORCE CASE
- DOES THE COURT OFFER SERVICES TO SAVE A MARRIAGE IN ARIZONA
- WHAT IS A DEFAULT DIVORCE IN ARIZONA
- SERVED WITH DIVORCE PAPERS IN ARIZONA
- HOW LONG DOES UNCONTESTED DIVORCE TAKE IN ARIZONA
- CAN I STOP A DIVORCE IN ARIZONA IF I CHANGE MY MIND
- HOW LONG DOES IT TAKE TO GET TEMPORARY ORDERS IN AN ARIZONA DIVORCE CASE
- EFFECT OF ADULTERY ON AN ARIZONA DIVORCE
- CAN I REPRESENT MYSELF IN AN ARIZONA DIVORCE CASE
- WHAT IS A TEMPORARY ORDERS HEARING IN ARIZONA
- WHAT HAPPENS AT A TEMPORARY ORDERS HEARING IN ARIZONA
- HOW LONG DOES A CONTESTED DIVORCE TAKE IN ARIZONA
- ARE PRENUPTIAL AGREEMENTS ENFORCEABLE IN ARIZONA
- HOW TO FIND GOOD DIVORCE ATTORNEY IN ARIZONA
- SERVING DIVORCE PAPERS BY PUBLICATION IN ARIZONA
- CUSTODY OF THE FAMILY PET IN A DIVORCE IN ARIZONA
- SAME-SEX DIVORCE IN ARIZONA
- CONCILIATION COURT SERVICES IN ARIZONA
- DIVORCE AND CHILDREN IN ARIZONA
- SEVEN DOCUMENTS YOU NEED TO FILE FOR DIVORCE IN ARIZONA
- DIVORCE SUPPORT GROUPS IN ARIZONA
- QUICK DIVORCE IN ARIZONA
- NO FAULT DIVORCE IN ARIZONA
- HOW TO GET A DIVORCE IN ARIZONA WHEN YOU CANNOT FIND YOUR SPOUSE
- WHAT IS A PRELIMINARY INJUNCTION IN AN ARIZONA DIVORCE
- ARIZONA DIVORCE ATTORNEY REVIEWS
- DISSOLUTION OF MARRIAGE IN ARIZONA: STEPS TO DISSOLVE A MARRIAGE
- SHOULD I KEEP THE HOUSE IN A DIVORCE IN ARIZONA
- HOW LONG DO YOU HAVE TO BE SEPARATED BEFORE DIVORCE IN ARIZONA
- COLLEGE EXPENSES AFTER DIVORCE IN ARIZONA
- HIGH CONFLICT DIVORCE IN ARIZONA
- VOID AND PROHIBITED MARRIAGES IN ARIZONA
- WHAT HAPPENS AT A RESOLUTION MANAGEMENT CONFERENCE IN ARIZONA
- ARIZONA DIVORCE DOCUMENT PREPARATION SERVICE
- WHAT SHOULD I DO BEFORE FILING DIVORCE IN ARIZONA
- DISMISSAL OF AN APPEAL FOR NOT OBEYING ORDERS IN A DIVORCE IN ARIZONA
- WHAT HAPPENS TO FROZEN EMBRYOS IN A DIVORCE IN ARIZONA
- CORRECTING A MISTAKE IN AN ARIZONA DIVORCE DECREE
- ARE YOU MARRIED TO A NARCISSIST
- DIVORCING A NARCISSIST IN ARIZONA
- FINDING A REALTOR DURING A DIVORCE IN ARIZONA
- ENFORCING A PROMISE IN A DIVORCE IN ARIZONA
- WHEN IS A DIVORCE FINAL TO FILE AN APPEAL IN ARIZONA
- FAILURE TO INCLUDE AN ISSUE IN A PRETRIAL STATEMENT IN ARIZONA
- START DATE FOR TEMPORARY SUPPORT IN ARIZONA
- EFFECT OF CHANGING JUDGES DURING A DIVORCE IN ARIZONA
- FAILURE TO SIGN VERIFICATION OF DIVORCE FORM IN ARIZONA
- CHANGING POSITIONS DURING A DIVORCE TRIAL IN ARIZONA
- HOW TO WORK EFFECTIVELY WITH AN ATTORNEY WHEN YOU DIVORCE A NARCISSIST
- NARCISSIST DIVORCE ADVICE IN ARIZONA
- DEFENSES TO ENFORCEMENT OF A PRENUPTIAL AGREEMENT IN ARIZONA
- CONTESTING A PRENUPTIAL AGREEMENT IN ARIZONA
- CAN A JUDGE REJECT A DIVORCE SETTLEMENT IN ARIZONA
- ARE POSTNUPTIAL AGREEMENTS VALID IN ARIZONA
- INTERNATIONAL DIVORCE IN ARIZONA
- TIPS ON HIRING AN ARIZONA DIVORCE LAWYER
- OPENING BRIEF IN AN ARIZONA FAMILY LAW APPEAL
- DIVORCE TIPS IN ARIZONA
- COMPLETE VERSUS PARTIAL DIVORCE AGREEMENT IN ARIZONA
- DISQUALIFICATION OF ATTORNEY IN AN ARIZONA DIVORCE
- FAILURE TO FILE MARRIAGE LICENSE IN ARIZONA
- LATE DISCLOSURE OF EVIDENCE IN AN ARIZONA DIVORCE CASE
- MISSED COURT DATE IN AN ARIZONA DIVORCE CASE
- COHABITATION AGREEMENTS IN ARIZONA
- FINANCIAL AGREEMENTS BETWEEN UNMARRIED COUPLES IN ARIZONA
- ARIZONA DIVORCE COURT AUTHORITY FOR RELIGIOUS DIVORCE
- PREMARITAL AGREEMENT FROM OTHER STATE IN ARIZONA
- RATIFICATION OF VOIDABLE MARRIAGE IN ARIZONA
- FULL FAITH AND CREDIT AND PERSONAL JURISDICTION IN ARIZONA DIVORCE
- WHAT IS A RULE 69 AGREEMENT IN ARIZONA
- WHAT TO DO DURING A DIVORCE IN ARIZONA
- YOU’RE GETTING A DIVORCE IN ARIZONA, ARE YOU SURE YOU WANT THE HOUSE?
- ENFORCING A PREMARITAL AGREEMENT IN ARIZONA
- ENFORCING UNSIGNED DIVORCE SETTLEMENT IN ARIZONA
- ARIZONA INDUSTRIAL COMMISSION MUST RECOGNIZE VALIDITY OF SUPERIOR COURT RULING REGARDING MARITAL STATUS
- DEATH OF A SPOUSE STOPS A DIVORCE IN ARIZONA
- APPEALING TEMPORARY ORDERS IN ARIZONA
- JURISDICTION ON PROCEDURAL ISSUES IN AN ARIZONA DIVORCE
- CHANGING JUDGES IN AN ARIZONA DIVORCE
- SANCTIONS FOR LEGAL MALPRACTICE IN A DIVORCE IN ARIZONA
- CORROBORATION REQUIRED IN AN ARIZONA FAULT DIVORCE
- MODIFICATION OF SETTLEMENT AGREEMENT IN ARIZONA
- ESTABLISHING EXTRINSIC FRAUD IN AN ARIZONA DIVORCE
- TIME LIMIT TO ENFORCE DIVORCE DECREE IN ARIZONA
- ATTORNEY’S CONFLICT OF INTEREST IN AN ARIZONA DIVORCE
- CONTESTED VS. UNCONTESTED DIVORCES IN ARIZONA
- CHANGING ATTORNEYS DURING A DIVORCE IN ARIZONA
- DIVORCING AN ABUSIVE SPOUSE IN ARIZONA
- STATUTE OF LIMITATIONS ON A DIVORCE DECREE IN ARIZONA
- QUESTIONS TO ASK A DIVORCE LAWYER IN ARIZONA
- SITUATIONS BEST FOR DIVORCE MEDIATION IN ARIZONA
- WHEN IS MEDIATION A BAD IDEA IN ARIZONA
- WHEN IS MEDIATION A GOOD IDEA IN AN ARIZONA DIVORCE
- ATTACKING A POSTNUPTIAL AGREEMENT IN ARIZONA
- UPDATING YOUR ESTATE PLAN AFTER A DIVORCE IN ARIZONA
- DEALING WITH AGGRESSIVE DIVORCE LAWYER IN ARIZONA
- DIVORCING A BIPOLAR SPOUSE IN ARIZONA
- CHOOSING THE RIGHT DIVORCE LAWYER IN ARIZONA
- WHAT YOU NEED TO KNOW ABOUT AN ANNULMENT VERSUS DIVORCE IN ARIZONA
- PROBLEMS WITH AGGRESSIVE DIVORCE LAWYERS IN ARIZONA
- DIVORCING SOMEONE WITH A MENTAL ILLNESS IN ARIZONA
- DIVORCING A PSYCHOPATH IN ARIZONA
- DIVORCING A DEPRESSED SPOUSE IN ARIZONA
- COPING WITH ANXIETY DURING DIVORCE IN ARIZONA
- ESTATE PLANNING AFTER DIVORCE IN ARIZONA
- DIVORCING AN ALCOHOLIC IN ARIZONA
- OBSESSIVE COMPULSIVE PERSONALITY IN AN ARIZONA DIVORCE
- TRAUMATIC STRESS AND DIVORCE IN ARIZONA
- DISSOCIATIVE DISORDER AND DIVORCE IN ARIZONA
- SOMATIC SYMPTOM DISORDER IN A DIVORCE IN ARIZONA
- PERSONALITY DISORDERS IN A DIVORCE IN ARIZONA
- PARANOID PERSONALITY DISORDER IN A DIVORCE IN ARIZONA
- SAVE MONEY ON DIVORCE ATTORNEY FEES IN ARIZONA
- DEALING WITH A LIAR IN A DIVORCE IN ARIZONA
- THE IMPORTANCE OF CONSULTING A FINANCIAL PLANNER BEFORE A DIVORCE IN ARIZONA
- SETTING ASIDE OR MODIFYING DIVORCE DECREE IN ARIZONA
- DUTY OF CANDOR IN A DEFAULT DIVORCE IN ARIZONA
- SOMEONE LIES IN A DIVORCE IN ARIZONA
- DIVORCING A DRUG ADDICT IN ARIZONA
- DIVORCING AN ABUSIVE SPOUSE IN ARIZONA
- FOR THE NEWLY DIVORCED
- APPEALING AN ARBITRATION AWARD IN A DIVORCE IN ARIZONA
- BENEFICIARY DESIGNATIONS AFTER DIVORCE IN ARIZONA
- ATTORNEY FEES ON A JUDGMENT IN A DIVORCE IN ARIZONA
- CONTINUE AZ DIVORCE TRIAL TO HIRE AN ATTORNEY
- PAYOFF IN PRENUPTIAL AGREEMENT ENFORCEABLE IN ARIZONA
- LAW OF THE CASE DOCTRINE IN A DIVORCE IN ARIZONA
- FIXING AN ERROR IN A FAMILY LAW CASE IN ARIZONA
- JUDGE FAILS TO RULE ON A DIVORCE ISSUE IN ARIZONA
- SANCTIONS IN AN ARIZONA FAMILY LAW CASE
- BLAMING DIVORCE ATTORNEY WAIVES PRIVILEGE IN ARIZONA
- PRESERVE CLAIMS FOR A FAMILY LAW APPEAL IN ARIZONA
- FIVE THINGS TO DO TO PREPARE FOR DIVORCE MEDIATION IN ARIZONA
- IS DIVORCE THE BEST OPTION IN ARIZONA
- ASKING YOUR SPOUSE FOR A DIVORCE IN ARIZONA: 5 THINGS YOU NEED TO KNOW
- WHEN DIVORCE IS THE RIGHT CHOICE IN ARIZONA
- DISMISSAL OF INTERNATIONAL DIVORCE IN ARIZONA
- FILING LATE APPLICATION FOR ATTORNEY FEES IN ARIZONA
- SANCTIONS FOR FILING DOCUMENTS IN AN ARIZONA DIVORCE
- CAN YOU LODGE A CONSENT DECREE IN ARIZONA
- SERVICE BY EMAIL IN AN ARIZONA DIVORCE
- WHEN YOU SHOULD FILE FOR BANKRUPTCY BEFORE A DIVORCE IN ARIZONA
- ADVANTAGES OF DIGITAL PRIVACY CLAUSES IN PRENUPTIAL AGREEMENTS
- RESIDENCY REQUIREMENTS FOR A DIVORCE IN ARIZONA
- MOVING OUT OF THE HOUSE DURING A DIVORCE IN ARIZONA
- DIVORCE SUCKS: DECIDING TO DIVORCE IN ARIZONA
- WHAT IS ALTERNATIVE DISPUTE RESOLUTION IN ARIZONA
- PROTECT YOURSELF DURING A DIVORCE IN ARIZONA
- ARIZONA RULE 69 AGREEMENT CONTESTED WITHOUT TRIAL
- JOINING THIRD PARTY IN AN ARIZONA DIVORCE
- WHAT SHOULD I DO BEFORE FILING DIVORCE IN ARIZONA
- EIGHT FINANCIAL MISTAKES TO AVOID WHEN GOING THROUGH A DIVORCE IN AZ
- WHAT TO DO IF YOUR WIFE (OR HUSBAND) WANTS A DIVORCE
- NINE WAYS YOUR SPOUSE CAN HIDE THEIR INCOME BEFORE DIVORCE IN ARIZONA
- WITNESS PREPARATION IN ARIZONA DIVORCE AND CHILD CUSTODY CASES
- HOW SHOULD A MAN PREPARE FOR DIVORCE
- A DEFINITIVE GUIDE TO DEALING WITH A SURPRISE DIVORCE
About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.
Leave a Reply