Arizona Divorce Papers
Divorce Papers in Arizona
When preparing or attempting to get through a divorce in Arizona, one thing that cannot be avoided is the influx of paperwork. You must ensure that your initial divorce papers are completed correctly. As a start, the initial Arizona divorce papers that are filed to begin a divorce is the Arizona Petition for Dissolution of Marriage, a Summons, a Preliminary Injunction, a Sensitive Data Cover Sheet, a Notice Regarding Creditors, a Notice of Right to Convert Health Insurance, and an Order and Notice to Attend Parent Information Program Class, if children are involved.
If you have been served with Arizona divorce papers, you must file a Response to the Petition for Dissolution of Marriage within the time set forth on the Summons that has been served upon you. If you fail to do so, the other party may file an Application and Affidavit of Default and your default may, thereafter, be issued by the clerk of the court and a default hearing will occur where your spouse may get whatever he or she requests.
Resolution Management Conference Memorandum in an Arizona Divorce
Other Arizona divorce papers that are common in almost every divorce case include completion of a Resolution Management Conference Statement wherein you will set forth the issues in the case, as well as your positions on each of those issues, among other things. This document is filed before your attend an Arizona Resolution Management Conference in your Arizona divorce.
Mediation Memorandum in an Arizona Divorce
If ordered to attend mediation, you will be required to submit a Mediation Memorandum setting forth the issues in your case, your proposed resolution of those issues, and a list of witnesses and exhibits you intend to use in that mediation or trial to prove your case.
Joint Pretrial Statement in an Arizona Divorce
If you proceed to a Temporary Orders Hearing or Trial, you will be required to file either a separate or joint Pretrial Statement setting forth the issues in dispute, your position on those issues, the evidence in support of your position on each issue, the witnesses and exhibits you intend to present at that Trial, a statement as to whether all discovery and disclosure of relevant information has or has not occurred and the amount of time you expect to need to complete the trial of your case.
It is crucial to understand that the information you include in these documents is critical to shaping the judge’s opinion of your case before the trial even begins. It is imperative, therefore, that you are as persuasive as possible in drafting these documents. Choosing the right attorney will ensure that all of your Arizona divorce papers are completed in a way that persuasively presents your case to the judge and ensures they are filed in a timely manner.
Affidavit of Financial Information in an Arizona Divorce
One vital piece of the Arizona divorce papers your attorney will need your assistance completing is the income and expense declaration listed in your Affidavit of Financial Information. It is an important document that will be used by your divorce attorney and likely attacked by opposing counsel at any trial or settlement conference you attend.
The Affidavit of Financial Information is a vital part of all of your Arizona divorce papers because it is the foundation upon which your testimony regarding your income and expenses will be based.
In many cases, it is also the first impression the Court has of your financial condition. We cannot stress enough how important that particular divorce paperwork is other than to reinforce your Affidavit of Financial Information will be one of the first document the judge reviews regarding what you represent your financial condition to be.
The Affidavit of Financial Information contains multiple pages. You are not limited to the amount of space on that document and you should submit supplemental pages, if necessary. There is an attachment page for you to use in order to expand on any of your answers or additional information you believe should be provided to present a thorough summary of your financial situation.
The Affidavit of Financial Information is just one piece of the puzzle in all of the Arizona divorce papers that we have discussed. Ensure your attorney gathers all of the necessary information from you. Be honest, straightforward and upfront about your situation. The divorce process will run smoothly for you if you are willing to work within the requirements established by the law and the court.
Chris Hildebrand wrote this article about divorce to ensure everyone has access to information about community property laws in Arizona. Chris is a divorce attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through in a divorce.