Home » Failure to sign Verification of Divorce Form in Arizona | Voted “Best of the Valley”
Failure to sign Verification of Divorce Form in Arizona | Voted “Best of the Valley”
Posted on : January 11, 2016, By: Christopher Hildebrand
Failure to Sign Verification of Divorce Petition in Arizona
Failure to sign Verification of Divorce Form in Arizona.
In Arizona, a divorce decree entered without opposition is termed a default decree of dissolution of marriage. Generally, where spouses agree to a divorce, one spouse files a verified petition for divorce, and the other spouse signs a document swearing that he received the petition, then they both sign a divorce agreement. In the case of Duckstein v. Wolf, 230 Ariz. 227, 282 P.3d 428, (App. 2012) the Arizona Court of Appeals reviewed a case involving a default divorce decree. However, in this case, the spouse failed to verify the divorce petition and the notary public failed to notarize the acceptance of service properly. The Court reviewed the effect of these matters on the divorce court ruling.
Sonja Wolf and David Wolf were both attorneys in Arizona. They married in 2001 and decided to divorce in 2010. Sonja filed for divorce, and filed an acknowledgment of service signed – she claimed – by David. The court entered default judgment according to an agreement with both spouse’s signatures on it, Ten months later, David moved to set aside the default divorce. The lower court rejected his arguments and he appealed. The question was raised as to whether Sonja’s failure to have a verification of divorce form rendered the divorce decree invalid. David’s first claim was that the court should have set aside the divorce because Sonja did not verify the divorce petition. A verification is simply a form that a party fills out swearing that the facts set out in the petition are true.
The Court of Appeals agreed that no verification was filed, but ruled that its absence did not mean the divorce court wasn’t able to rule on the case. It noted that the law permits a judge to punish a party who filed an unverified petition by a variety of sanctions. This, the Court of Appeals ruled, must mean that the verification is a matter of procedure, not jurisdiction. Therefore, the absence of the verification did not mean that the divorce decree was invalid.
Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.
Notary’s Failure to Affirm David’s Signature Did Not Make Judgment Invalid
Signing Divorce Forms in Arizona.
David also argued that the fact that the notary did not affirm his signature on the acknowledgment of service made the judgment invalid. Generally, when one spouse brings a lawsuit against the other, she must have the petition hand delivered to him by a third party adult. That is called service of process and is intended to make sure that the second spouse actually is informed of the divorce petition. However, if the divorce is amicable, the second spouse can just agree to accept service rather than requiring a third party brought in to hand it to him. In that case, he signs a document called acceptance of service in front of a notary who affirms his signature. Here, the notary acknowledged but did not affirm David’s signature. The Court of Appeals said that if the party gets a copy of the petition, the lack of affirmation on the acknowledgment of service did not make the judgment void.
The remaining claim David made on appeal was that the lower court should have held a hearing on the issue of whether Sonja forged his signature on the acknowledgment of service. He had offered the court an affidavit from a handwriting expert who said it was forged. Sonja presented an affidavit from another expert saying it was not forged, but David’s actual signature. The divorce court declined to hold a hearing, basically disbelieving David’s position. However, the Court of Appeals said that when there is a dispute of material fact, the court should hold a hearing before making its decision. For that reason, it remanded the case to the lower court.
Call us at (480)305-8300 to schedule your personalized consultation with one of our experienced Phoenix and Scottsdale Arizona divorce attorneys.
Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
Kevin Park of Arizona Estate Planning Attorneys was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.
I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.
Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus.Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend.Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face.I highly recommend Chris Hildebrand @ Hildebrand Law, PC.
I cannot express enough how thankful I am that I found Hildrebrand Law. Chris Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.
