A.R.S. 25-314
Pleadings; contents; defense; joinder of parties; confidentiality
A. The verified petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken or that one or both of the parties desire to live separate and apart, or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903 or 25-904, whichever is appropriate, and shall set forth:
1. The birth date, occupation and address of each party and the length of domicile in this state.
2. The date of the marriage, the place at which it was performed and whether the marriage is a covenant marriage.
3. The names, birth dates and addresses of all living children, natural or adopted, common to the parties and whether the wife is pregnant.
4. The details of any agreements between the parties as to support, custody and parenting time of the children and maintenance of a spouse.
5. The relief sought.
B. Either party to the marriage may initiate the proceeding.
C. The only defense to a petition for the dissolution of a marriage or legal separation is that the marriage is not irretrievably broken. If the marriage is a covenant marriage, it is a defense that none of the grounds alleged for a dissolution of marriage or legal separation prescribed in section 25-903 or 25-904 are met.
D. The court may join additional parties necessary for the exercise of its authority.
E. This section does not require a victim of domestic violence or a resident of a domestic violence shelter as defined in section 36-3001 to divulge the person's address, except that a means of communicating with the resident, such as a post office box or address of the person's attorney, must be disclosed.
Explanation: Either spouse in the marriage can start a divorce case. One spouse or both must basically say the marriage is over. Either spouse has the ability to challenge this. Typically, unless you are domestic violence victim, there is certain information you must provide like address, children, etc.
Phoenix Personal Injury Attorneys
Phoenix Medical Malpractice Lawyer
Accidentes en Sitios de Construccion Abogado Phoenix Arizona
A.R.S. 25-315
Temporary order or preliminary injunction; effect; definition
A. In all actions for dissolution of marriage, for legal separation or for annulment, the clerk of the court shall pursuant to order of the superior court issue a preliminary injunction in the following manner:
1. The preliminary injunction shall be directed to each party to the action and contain the following orders:
(a) That both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life or court fees and reasonable attorney fees associated with an action filed under this article, without the written consent of the parties or the permission of the court.
(b) That both parties are enjoined from:
(i) Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.
(ii) Removing any natural or adopted child of the parties then residing in Arizona from the jurisdiction of the court without the prior written consent of the parties or the permission of the court.
(iii) Removing or causing to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance.
(c) That both parties shall maintain all insurance coverage in full force and effect.
2. The preliminary injunction shall include the following statement:
Explanation: When a divorce case is happening, the court is going to issue an order to both parties placing certain restrictions on what they can do. You cannot move property away to hide it from the court or to take it away from your spouse. You cannot harrass, bother, etc. your spouse or children. You cannot take your children from Arizona to avoid the court's authority. Insurance coverage cannot be dropped on your spouse or children. This is only a portion of the statute. There is also a warning the superior court will send you, which you must take very seriously because the it can be enforced. Click here to read the "warning".
Phoenix Arizona DUI Defense Attorney
Phoenix Suspended License Lawyer
A.R.S. 25-316
Irretrievable breakdown; finding
A. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one of the parties so states and the other does not deny it, the court shall make a finding as to whether or not the marriage is irretrievably broken.
B. If one of the parties denies under oath or affirmation that the marriage is irretrievably broken, the court shall hold a hearing to consider all relevant factors as to the prospect of reconciliation and shall do either of the following:
1. Make a finding as to whether or not the marriage is irretrievably broken.
2. Continue the matter for further hearing, not more than sixty days later. At the request of either party or on its own motion, the court may order a conciliation conference. At the next hearing the court shall make a finding as to whether or not the marriage is irretrievably broken.
C. A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect of reconciliation.
Explanation: This is how the court will find a divorce or not. The term "irretrievably broken" is used, which is probably a legal term of art and the court is going to make the call. If you are seeking a divorce, you will assert this term. If both spouses agree or one doesn't challenge it, then the court will move to make the determination. If there is a challenge, then there will be an actual hearing. At this point, it may be useful to have an attorney.
Phoenix Arizona Bankruptcy Attorney
Phoenix Automobile Accident Lawyers
Phoenix Personal Injury Lawyers Arizona
A.R.S. 25-317
Separation agreement; effect
A. To promote amicable settlement of disputes between parties to a marriage attendant on their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, custody and parenting time of their children. A separation agreement may provide that its maintenance terms shall not be modified.
B. In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those providing for the support, custody and parenting time of children, are binding on the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair.
C. If the court finds the separation agreement unfair as to disposition of property or maintenance, it may request the parties to submit a revised separation agreement or may make orders for the disposition of property or maintenance.
D. If the court finds that the separation agreement is not unfair as to disposition of property or maintenance and that it is reasonable as to support, custody and parenting time of children, the separation agreement shall be set forth or incorporated by reference in the decree of dissolution or legal separation and the parties shall be ordered to perform them. If the separation agreement provides that its terms shall not be set forth in the decree, the decree shall identify the separation agreement as incorporated by reference and state that the court has found the terms as to property disposition and maintenance not unfair and the terms as to support, custody and parenting time of children reasonable.
E. Terms of the agreement set forth or incorporated by reference in the decree are enforceable by all remedies available for enforcement of a judgment, including contempt.
F. Except for terms concerning the maintenance of either party and the support, custody or parenting time of children, entry of the decree shall thereafter preclude the modification of the terms of the decree and the property settlement agreement, if any, set forth or incorporated by reference.
G. Notwithstanding subsection F, entry of a decree that sets forth or incorporates by reference a separation agreement that provides that its maintenance terms shall not be modified prevents the court from exercising jurisdiction to modify the decree and the separation agreement regarding maintenance, including a decree entered before July 20, 1996.
Explanation: The Arizona Legislature likely enacted this to encourage the two spouses to make their own decisions in how to divide the property and how to handle child custody and support, if applicable. If you do NOT make an agreement with the other party, the court will be the one who divides the property, and this may slow down the process. Basically both parties can agree on division of everything and the future of their children, so long as the court considers it "fair".
Phoenix Arizona Lesiones Abogado
Phoenix Arizona Abogado, accidente de auto