Frequently Asked Questions
- How does a divorce case get started?
- How can I get child support or visitation established?
- How is child support calculated?
- How long does a divorce take?
- Can my spouse take money out of our accounts without my permission?
- My spouse has threatened to leave the state with our children. What can I do to stop that?
- What is community property?
1. How does a divorce case get started?
Typically, a divorce case is initiated when one party, the Petitioner, files a Petition for Dissolution of Marriage with the court. The petition is then served on the other party, the Respondent. The Respondent normally has twenty (20) days to file a response to the petition. If he/she fails to file a response, then an application for an entry of default can be made.
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2. How can I get child support or visitation established?
The court has procedures that allow either party to file a request for temporary orders to establish such things like child support and visitation while the case is pending. These are called Temporary Orders, because they are the temporary orders that will be in place until the case has concluded and permanent orders are in place. Often times these requests can be made at the same time the Petition for Dissolution of Marriage is filed.
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3. How is child support calculated?
Child support is calculated using the Arizona Child Support Guidelines. Although there are other factors, the two main factors that control how much child support will be ordered are (1) both the parties' incomes and (2) the amount of visitation the paying party is exercising.
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4. How long does a divorce take?
Arizona has a sixty (60) day waiting period after the date the Petition for Dissolution of Marriage is served on the Respondent. Normally, if a divorce is uncontested, the entire process can be competed in approximately ninety (90) to one hundred and twenty (120) days. However, most divorce cases take longer. A typical contested divorce case can take as long as six (6) to twelve (12) months or longer. The reasonableness of the parties usually has a lot to do with how long the divorce will take, which is why the courts allow for Temporary Orders while the case is pending.
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5. Can my spouse take money out of our accounts without my permission?
Yes and no. When the Petition for Dissolution of Marriage is filed, the court automatically issues orders called a preliminary injunction. Below are some of the items listed in the Preliminary Injunction that will be issued when your divorce is initiated.
ACTIONS FORBIDDEN BY THIS ORDER: From the time the “Petition for Dissolution” (Divorce) or “Petition for Annulment” or “Petition for Legal Separation” is filed with the court, until the judge signs the Decree, or until further order of the court, both the Petitioner and the Respondent shall not do any of the following things:
- You may not hide earnings or community property from your spouse, AND
- You may not take out a loan on the community property, AND
- You may not sell the community property or give it away to someone, UNLESS you have the written permission of your spouse or written permission from the court. The law allows for situations in which you may need to transfer joint or community property as part of the everyday running of a business, or if the sale of community property is necessary to meet necessities of life, such as food, shelter, or clothing, or court fees and attorney fees associated with this action. If this applies to you, you should see a lawyer for help, AND
- Do not harass or bother your spouse or the children, AND
- Do not physically abuse or threaten your spouse or the children, AND
- Do not take the minor children, common to your marriage, out of the State of Arizona for any reasons, without a written agreement between you and your spouse or a Court Order, before you take the minor children out of the State.
- Do not remove, or cause to be removed, the other party or the minor children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance. Both parties shall maintain all insurance coverage in full force and effect.
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6. My spouse has threatened to leave the state with our children. What can I do to stop that?
First, there is a Preliminary Injunction in place, a court order, that specifically states the children cannot be removed from the state. Second, you may file for relief with the courts and seek emergency sole custody. This is usually only requested and/or granted in rare circumstances, but it is an available tool.
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7. What is community property?
Community property is anything that is acquired by the married couple during the marriage. Typical community property includes real estate, income, cars, retirement accounts, savings accounts, furniture, etc. Certain assets may be sole and separate property, such as gifts or assets acquired prior to marriage. Sometimes, sole and separate property that is commingled with community property becomes a community asset. All community property is owned equally between the spouses and each spouse is entitled to one-half the value of the property.
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