One requirement of the filing process is that the other part must be served papers in a manner that can show the court that they were actually served on the other party. This is usually accomplished by the Sheriff's or using a process server that will provide an affidavit of service. The papers must be served within 120 days of the date of filing and the party being served has 20 days to file a response with the court. If the person being served does not respond, the court can end the marriage with a "default divorce", but will wait another 10 days before issuing the order to provide a grace period to the respondent.
Arizona law requires that the court will not rule on any divorce, default or otherwise, for a minimum of 60 days after the date the summons and petition are served. This is primarily designed to provide a cooling off period for both parties.
After filing, your Attorney will usually set up a temporary injunction hearing where any temporary orders that are necessary are examined. This could include Spousal Maintenance, Child Support, Legal Decision Making and Parenting time.
Joint Preliminary Injunction
- A Joint Preliminary Injunction is filed that prohibits either party from doing anything involving money, property, children and insurance until the court decides on the issues.
- The injunction orders the parties not to remove any children from Arizona without written agreement of both parties.
- The injunction prohibits family violence.
- The injunction requires that health insurance remains in effect.
Arizona Superior Court Domestic Relationship Filing Fees
DOMESTIC RELATIONS | ||||||||
ARS Code |
Service
|
Base Fee
|
Doc Storage
|
Spousal Maint Fund
|
Concil. Court Fund
|
Dom Rel Ed/Med Fund
|
Total
| |
C | Petition for dissolution of marriage | 138.00 | 15.00 | 5.00 | 65.00 | 223.00 | ||
D | Response or initial appearance in dissolution | 69.00 | 15.00 | 5.00 | 65.00 | 154.00 | ||
C | Petition for legal separation | 138.00 | 15.00 | 5.00 | 65.00 | 223.00 | ||
D | Response or initial appearance in legal separation | 69.00 | 15.00 | 5.00 | 65.00 | 154.00 | ||
C | Petition for annulment | 138.00 | 15.00 | 5.00 | 65.00 | 223.00 | ||
D | Response to petition for annulment | 69.00 | 15.00 | 5.00 | 65.00 | 154.00 | ||
G | Order of protection | N/C | ||||||
E | Change of venue transmittal fee | 27.00 | 27.00 | |||||
E | Change of venue to another county on section (A.R.S. § 12-404) transmittal fee | 27.00 | 27.00 | |||||
A | Change of venue to this county (except under A.R.S. § 25-502(G)) | 174.00 | 15.00 | 65.00 | 254.00 | |||
G | Injunction against harassment | N/C | ||||||
C | Petition for domestic relations case for which a fee is not specifically prescribed: foreign judgment for custody; establish support/custody. | 138.00 | 15.00 | 153.00 | ||||
D | Postadjudication petitions in domestic relations cases (6) | 69.00 | 15.00 | 84.00 | ||||
(Seventy-five percent remitted to county treasurer for deposit in Expedited child support & parenting time fund est. In A.R.S. § 25-412) |
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