Yuma, AZ – Divorce laws have been amended over the years to make the process to end a marriage more efficient. The main change has been no fault laws, which allow one spouse to start filing for any reason at all, without any specific evidence of adultery or misconduct. However, there still must be a formal dissolution of marriage petition sent, and the spouses need to follow certain other procedures as well. It is recommended that anyone who is about to get divorced speak with an attorney to learn how the state’s requirements will apply to their personal situation.
All states will only hear divorce cases from those who they consider to be legal residents. At least one spouse must have lived in Arizona for at least ninety days before the state family courts will hear the case. Anyone who has recently moved or does not meet these requirements should look into filing in their previous state, or another jurisdiction that will hear the case.
The petition to start the case
One spouse must complete the initial petition to dissolve the marriage, and then have it filed in the proper venue within the state. This document must be completed carefully after all issues related to the case have been reviewed. If something is not listed in the petition, the court will not have the authority to hear the matter later on as the case proceeds. For this reason, anyone who is considering a divorce should have the petition reviewed by an attorney or completed by one.
After the court confirms that they have received the petition, they will then issue a unique case number to the divorce action.
Personal service on the defendant
All civil cases require the defendant to be personally served with the lawsuit, and a divorce is no different. This generally means that some kind of process service agent will find the defendant, and ensure that they are actually the person named in the case, then personally hand them the copy of the divorce lawsuit.
After the papers have been served, the defendant will have a chance to respond to the allegations in the lawsuit, and there are special response forms if there are children in the marriage and custody may be an issue.
The final order
The divorce is officially completed when the judge assigned to the case has issued a final order. This can take quite some time depending on the issues in dispute, and some divorce cases have been known to last for years.
Divorce attorneys in Yuma
Anyone who needs help with their divorce case can get legal advice from the attorneys at Schneider and Onofry.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364