Expectations

Time-Line For Dissolution/Paternity Actions

• Prepare and File Petition: Proceedings are started by filing a "Petition" along with other required documents. The Petition is a document which tells the judge what the Petitioner (the person starting the proceedings) wants the judge to do, including how to divide the property, arrange for child custody, support, etc.
• Serve the Petition: Once the Petition is filed, a copy is delivered to the other party by a process server or personal acceptance of the documents.
• 30 Day Response Period: The person who receives the Petition has 20 calendar days form service of the Petition to file a Response. The Response is a document which advises the court and the other party of what they want the judge to do.
• Usually, it is only necessary to file a Response if the Respondant disagrees with the position expressed by the Petitioner.If the Respondant fails to respond within the 20 days, a reminder notice is sent. If the Respondant fails to respond within 10 business days, his/her right to respond expires.
• 60 Day Waiting Period: Arizona law provides that there must be a 60 day waiting period from the date the Petition was served on the opposing person before the judge can grant a divorce.
• Appearance Before the Judge:
• If no answer is filed and the waiting period has expired, the Petitioner appears before the judge. At that time he or she will give testimony and the judge should grant the divorce.
• If an answer is filed, the matter proceeds to the discovery phase (where parties exchange financial information), to settlement negotiations, and if no settlement can be reached, the matter is set for trial before a judge.