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Oftentimes a party responding to a divorce complaint with an answer will file a counterclaim as well. The counterclaim provides the responding party an opportunity to make their own allegations about the reason for the divorce and a chance to tell the court what they are asking for.

Arizona is a 50/50 property law state when it comes to divorce. Community property division must be equitable, but seldom will shares be absolutely equal. In part, this is because the family law judge has considerable discretion over property awards.

Yes, if one party doesn't sign the mutual concern final decree, you will need to file a motion for default judgment. This motion will ask the court to enter a judgment against your spouse without hearing from them.

From a legal standpoint, it usually doesn't matter in Arizona who files for divorce first. Arizona follows a “no-fault” approach, meaning that if one spouse wants a divorce, they don't have to provide evidence that the other spouse did something wrong to justify ending the marriage. They can simply begin the process.

No. Your spouse is legally allowed to take half of everything you two have obtained while you were married. Now, the stuff you had before you married? That's a different story. That, technically, is supposed to be yours, however, marriage is complicated. Whose is whats is hard to determine.

Arizona is a “No Fault” divorce state, also known as a “Community Property” state. What this boils down to is, if the parties can't come to an agreement to split the assets and liabilities, the court will split it right down the middle to 50–50. W...

Typically, a wife is entitled to half of the community property, potential spousal support, and any personal assets obtained before marriage or received as gifts.

Possible legal benefits of filing first This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce.

If both spouses reach a settlement of all issues before either party files for divorce or legal separation, the parties may jointly file a petition for divorce in a “summary consent decree proceeding.” The petition states that all issues are resolved by agreement.