In Arizona, dissolution of marriage on no-fault grounds of irretrievable breakdown of the marriage is the only grounds for divorce of what is called a “standard” marriage, in which the petitioner typically files a Petition for Dissolution of Marriage in the Superior Court of the county of residence. When the respondent fails to answer the petition, the petitioner may file an application and affidavit of default, after which the AZ divorce Court may grant the requests made in the petition without the respondent participating. However, the default hearing cannot be set for at least 61 days after the date of service of the divorce papers.
As a rule, there is no divorce hearings unless there are children (or the cause is in default as mentioned above), in which case, a short hearing allows the judge to go over all the terms and conditions to be sure everything is in order before issuing a Final Decree of Dissolution. This short hearing will take about 10 to 15 minutes and at least the petitioner must attend, but both spouses would be best since their are minor children involved. Arizona also permits dissolution of a “convent” marriage, which is considered to be a higher form of marriage and one not usually ended on no-fault grounds. This type of divorce often has several divorce hearings on the schedule for each side to initiate discovery and to present evidence to the AZ court to substantiate claims and requests.
Learn more about attending a Arizona divorce hearing.Other Helpful Information for Doing Your Own Divorce in Arizona
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