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Originally Posted On: https://thevalleylawgroup.com/blog/serving-divorce-papers/
Serving Divorce Papers in Arizona
Properly serving divorce papers is an essential step required by Arizona courts to initiate the divorce process. There are many reasons why servicing divorce papers is important. You must notify the other party that the legal process has been initiated, giving them a chance to prepare and respond. The court must also establish jurisdiction over the divorce process, which is necessary to continue.
To begin your divorce, you must understand how to file for divorce as well as how to serve divorce papers. Learn how to get a divorce in Arizona with this guide to serving divorce papers.
How to File For Divorce in Arizona
Before you can learn how to serve your spouse with divorce papers in Arizona, you must first understand how to initiate and file for divorce – the critical first step. Arizona calls a divorce a “dissolution of marriage,” and the process can be complex. In most cases, it is recommended to work with a trusted divorce attorney from the initial petition.
In particular, if you are navigating a divorce that includes substantial assets, children, or disagreements of any kind, it is helpful to seek legal counsel preemptively as you prepare to file your petition. Your attorney can then help you navigate the entire process. In these cases, it is better to err on the side of proactivity rather than reactivity.
If you are the person initiating the divorce, also called the petitioner, you must first ensure that you or your spouse meet the residency requirements. At least one of you must have lived in Arizona for at least 90 days before filing. If you meet the residency requirements, you can begin gathering and completing the necessary forms. There are different sets of forms for each county as well as for couples who have or do not have children.
Once you have filled out all applicable documents, you will submit the paperwork in person to the Superior Court Clerk in the county where the petitioner lives. Together, these forms can be called the petition for divorce. After these documents have been submitted, the other party must be served the court documents.
How to Serve Divorce Papers in Arizona
Serving someone divorce papers is the process of officially delivering the legal documents that initiate the divorce process to the receiving spouse, known as the respondent. This process helps to ensure that the responding spouse is formally notified of the divorce proceedings and has an opportunity to respond.
The proper service of the divorce papers is a critical step in the legal process for not only the respondent but also for the Arizona Family Court. Service ensures that the court maintains jurisdiction over the case. If the papers are not served, the court will assume they do not hold jurisdiction to continue with the legal process.
You are required by law to notify or “serve” the other party. There are several methods of serving these documents.
Service by Acceptance
Service by acceptance is the process where the petitioning spouse provides the divorce papers to the responding spouse, who voluntarily signs an “Acceptance of Service” form. The responding spouse must sign the document in front of a notary public, and the document must be filed with the court to ensure validity.
This option is often the simplest method. However, it does require cooperation and acceptance by both spouses. It is important to note that in certain cases, such as cases with a history of domestic abuse, service by acceptance may be not only inadvisable but impossible.
Service by County Sheriff
The process of service by a county sheriff occurs when the petitioner arranges for the county sheriff to serve the divorce papers to the respondent. This method is often the most reliable and used in situations where the petitioning spouse has concerns that the other spouse may avoid service.
This option may require a fee, depending on the county. Once the sheriff serves the papers, they are required to file a “Proof of Service” to the court.
Service by National Courier Service or Private Mail
The petitioner can service the responding spouse’s divorce papers via a national carrier service like USPS, using certified mail with a return receipt requested. This method can be advantageous as it is cost-effective and creates a paper trail to prove delivery. After the petitioner receives the signed return receipt, they can file that document along with the “Proof of Service” form with the court.
Service by Private Process Server
You can also choose to serve the respondent via a licensed process server, a person trained and licensed to serve court documents. This method is often quick and reliable but may be more expensive than other methods. After the licensed process server has delivered the papers to the respondent, they must complete an “Affidavit of Service” to be filed with the court.
Service by Publication
If a respondent cannot be located despite diligent efforts, the court may allow service by publication, which includes publishing a notice in the newspaper. This method is typically a last resort and requires court approval. After the publication, the petitioner files a “Proof of Publication” form to the court and can proceed with the divorce process.
Service Under Special Circumstances
Another option available when the respondent cannot be located is to use unique means approved by the court, such as email, social media, or other electronic means, to serve the papers to the respondent. Once this is done, a “Proof of Service” is filed with the court. Special circumstances require a specific court order to proceed.
Each unique method of service has its own procedures, costs, and considerations that petitioning spouses should be aware of. It is important that you choose the most appropriate method based on your specific circumstances. This will help you ensure that all legal requirements for service are met to avoid delays or complications in the divorce process.
With the many options of service and the related process complications, we recommend the support of a divorce attorney. A divorce attorney can advise you regarding the option that makes sense in your unique situation and take the lead on drafting and initiating the petition process.
What Happens if You Don’t Respond to Divorce Papers in Arizona?
If you refuse to respond to divorce papers in Arizona, you may be relinquishing your right to have a say in how the divorce proceeds. You will not be able to prevent the divorce process.
In Arizona, respondents have 20 days to submit an official response if they were served within the state and 30 days to respond if they were served outside of the state. If there is no response, the petitioning spouse can request a default judgment against the respondent.
Default Judgment
A default judgment is a court decision that is made in favor of the petitioner because the respondent did not respond to the divorce papers within the required time frame. This means that the court can finalize the divorce and make decisions regarding property, debt, child custody, support, and other matters without the input of the non-responding spouse. In most cases, the petitioner can request and receive a highly favorable divorce settlement.
Divorce Petition and Service FAQs
Navigating the complexities of divorce can be daunting, and many individuals find themselves overwhelmed by the numerous legal, emotional, and practical questions that arise. Our skilled divorce attorneys are here to help ease the concerns of our clients, which includes answering commonly asked questions regarding divorce.
What Happens if My Ex Avoids Being Served?
If your ex avoids being served divorce papers, you can still proceed with the divorce in most cases. You must document all service attempts and seek court approval for alternative methods such as a service by publication or contact via social media platforms. If you’ve shown the court proof of your diligent efforts, you can request a default judgment with the court and finalize the divorce without your spouse.
How Many Attempts Will a Process Server Make in Arizona?
The number of attempts a process server will make in Arizona depends on the specific circumstance of the case, the process server’s unique policies, and any instructions provided to them by the petitioner requesting the service. If service attempts through a process service are unsuccessful, it is important to remember that a divorce attorney can help you select alternative service methods.
Can a Spouse Refuse a Divorce in Arizona?
A spouse cannot refuse a divorce in Arizona if the other spouse wants to proceed with it. Arizona is a “no-fault” divorce state, meaning that either spouse can file for divorce without needing to prove fault or wrongdoing by the other spouse.
If a spouse refuses a divorce by not responding to being served, the petitioning spouse can ask the court for a default judgment that allows the petitioner and the court to determine the details of the divorce, including decisions relating to shared assets, debts, child custody and support, alimony, and more.
What Happens After Divorce Papers Are Served in AZ?
After divorce papers are served in Arizona, proof of service must be provided to the court by the petitioner or their preferred service provider. The responding spouse has 20 days to file an official response notifying the court that they have received the documents. In this response, they can indicate whether they agree or disagree with the statements and requests in the petition, and they can also include counterclaims or requests for different divorce terms. Then, the proceedings continue with financial disclosures, negotiations, mediations, parenting classes, court hearings, and a final divorce decree from the court.
Can Someone Else Accept Served Papers in Arizona?
Yes, someone other than the respondent can accept served papers in Arizona under certain circumstances. If the respondent anticipates the service, they can allow a designated agent to accept the papers on their behalf so long as this individual is a legally authorized respondent. While the standard service method requires delivering divorce papers directly to the respondent, there are unique allowances in Arizona law for alternative service methods.
Does Arizona Require Separation Before Divorce?
No, Arizona does not require separation before filing for divorce. Arizona is a “no-fault” state, meaning spouses can file for divorce without needing to establish fault or prove grounds for the divorce. The only grounds necessary for divorce in Arizona is the “irretrievable breakdown of the marriage.” As soon as spouses meet the residency requirements, they can proceed with a divorce without separating first.
What Is Considered Abandonment in a Marriage in Arizona?
The physical absence from the marital home without justification is the primary definition of marital abandonment. Emotional or constructive abandonment, where a spouse neglects their marital responsibilities or withdraws emotionally from the relationship, can also occur. Each type of abandonment may have legal implications in divorce proceedings, affecting decisions regarding property division, spousal support, child custody and support, and more.
What Are The Residency Requirements in Arizona for Getting a Divorce?
Arizona residency requirements state that either spouse must have been a resident of Arizona for at least 90 days before filing for divorce in the state.
How Are Assets and Debts Divided in a Divorce in Arizona?
In Arizona, assets and debts are divided according to the principle of community property. This means that assets and debts acquired during the marriage are considered community property, also termed shared property or marital property. This property must be divided equitably between spouses. The court considers factors such as each spouse’s financial situation and contributions to the marriage when making division decisions instead of dividing assets exactly equally.
Should I Hire a Lawyer for My Divorce in Arizona?
While hiring a lawyer for your divorce in Arizona is not required, it is often highly recommended, especially in cases that involve complex issues like child custody, significant assets, or disagreements. An attorney can provide legal advice, navigate court procedures, and protect your rights.
The Valley Law Group: Your Arizona Divorce Attorneys
Drafting a divorce petition, ensuring the necessary documents are completed in a timely manner, and serving them to your spouse are critical first steps in your divorce. Unfortunately, these initial steps are often the most intimidating. For dedicated legal support regarding the service of your divorce petition or any issue in your divorce, contact The Valley Law Group today. Reach out today to schedule your free consultation and learn more about how we can help.
Sources:
- Superior Court of Arizona in Maricopa County. (n.d.). How to file for divorce with no minor children in Maricopa County, Arizona. Retrieved from https://superiorcourt.maricopa.gov/llrc/fc_group_3/
- State Bar of Arizona. (n.d.). Consumer brochures. Retrieved from https://www.azbar.org/for-the-public/public-service-center/consumer-brochures/
- Arizona Divorce/Legal Separation Flowchart Retrieved (n.d.). from https://www.azcourts.gov/Portals/31/Forms/AOCDR10H.pdf
