How Long Does A Divorce Take In Arizona?

Every marriage is different and, while nobody enters a marriage with divorce court in mind, every divorce is different too. Some divorces are mutual and resolve easily, while others can be drawn out for years. Coming to decisions about the division of property, debt, and parenting time can be incredibly difficult. When facing this decision, it can make one wonder: how long does a divorce take?

While this article will explain a general timetable for different kinds of divorce situations, not every divorce will look the same. For an in-depth assessment of the divorce process, consider speaking with a skilled divorce attorney from Sullivan Shick by calling (480) 719-2558.

General Timetable

While every case is different, there is a minimum threshold for how long a divorce takes in Arizona. Because of certain laws and statutes in the Arizona code, a divorce cannot take less than 60 days from the date the respondent is served the divorce papers.

In general, most divorce cases are resolved and finalized in between 60 and 120 days. This includes serving documents, fulfilling the waiting period, and negotiating a settlement that both parties can agree on.

If parties are unable to reach a settlement, the case may proceed to trial in what is called a contested divorce. This usually occurs when one party or the other is unwilling to compromise on any number of issues, whether that be parenting time, division of assets, alimony, or any other facet of the settlement. Contested divorces, since they must go through the court system, can take up to a year or longer.

Uncontested Divorce

An uncontested divorce is the quickest and generally the least involved process when it comes to timing and effort. In an uncontested divorce either both parties consent to the divorce and agree on the marriage settlement or the respondent does not respond to the service of documents and the divorce proceeds by default.

Serving

The divorce process begins with one spouse, called the petitioner, serving the other, called the respondent, with divorce papers. This generally involves the petitioner paying a filing fee and submitting the Petition for Dissolution of Marriage. This initiates the process of a divorce, and is generally considered the beginning of the process, even though there are many decisions made that lead up to the serving of divorce documents.

Responding

Once the respondent has received the documents, they have 20 days to provide an answer and confirm they have received the documents. The date that the respondent receives these documents is called the date of service. The 60 day waiting period begins on the date of service.

Marriage Settlement

When the respondent has submitted their response to the service, both spouses will enter negotiations to create a marriage settlement. This document is an agreement that determines the post-marital rights of each spouse, and is generally negotiated with the assistance of a trained family lawyer.

The time involved in agreeing on a marriage settlement will vary between cases, but this process generally takes between 1 and 3 months. During this time, both parties agree on the division of assets, parenting time, alimony, child custody, and many other facets of post-marital life.

Waiting Period

However, even if both spouses agree on a marital settlement before the 60 days have expired, they are still unable to finalize their divorce until the deadline has passed. This “cooling off” period is established by ARS 25-329. While this period serves several purposes, one opportunity it provides is for the spouses to seek martial counseling via the courts mental health services.

Finalization

If both parties agree on the terms of the marriage settlement, the courts will affirm the decision and approve their dissolution of marriage documents. After this is done, the divorce is in effect and the marriage is dissolved.

For more information on settlement outside of the courts, consider speaking with a skilled Arizona divorce lawyer from Sullivan Shick.

Contested Divorce

However, there may be complications when it comes to the question of how long does a divorce take? Not every divorce is resolved easily. Many times, couples cannot agree on the division of assets, child custody, or even whether or not to divorce. If both parties are unable to resolve these differences or are unwilling to compromise on certain matters the case may become a contested divorce.

Mediation

However, even if spouses have differences in opinion, they may still be able to resolve the matter outside the courts. Mediation of an unbiased third party may be able to help negotiate a satisfying compromise. This is often the role of a divorce attorney.

Litigation

If neither party is willing to compromise, however, the case may proceed to a court where a judge will rule on the final settlement. This can add a significant amount of time and finances to the process of a divorce, as the case may need to wait in a cue until a judge is available to hear the case. This can take anywhere as short as a month to anywhere as long as a year.

Trial

In addition, one must also consider the time involved in a trial. Depending on the particulars of the case, the hearing could take some time. Once the judge has heard all of the evidence and arguments and made his ruling, then the divorce is finalized and the process is ended.

Covenant Marriage Divorce

However, Arizona also has a unique form of marriage that many states do not, as they offer covenant marriages. While the process of a covenant marriage divorce may not look much different from a normal divorce case, there are several prerequisites that the case must meet in order for it to be considered, and these additional factors may take more time.

A covenant marriage may not be dissolved unless certain criteria are met. These criteria include proof of infidelity, alcohol or drug abuse, abandonment, felony charges against the respondent, or other similar incidents. Couples in covenant marriages may also need to attend martial counseling for a set amount of time prior to deciding to pursue divorce.