A summons is an official court document, signed by the clerk, giving legal notice of a lawsuit to the party being sued. Upon 'being served' with the summons (receiving the summons), the party is legally obligated to respond to the petition or complaint filed by the suing party, or face the prospect of a default judgment being rendered against them for the relief sought. This form, a Summons - Divorce or Legal Separation is a summons for a civil action of the kind stated, or a general use summons. Available for download now in standard format(s).
Phoenix Arizona Summons - Divorce or Legal Separation
Category:
State:
Arizona
City:
Phoenix
Control #:
AZ-DR-1-DIV
Format:
Word;
Rich Text
Instant download
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Description
How to fill out Arizona Summons - Divorce Or Legal Separation?
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FAQ
To file for divorce in Arizona, either you or your spouse must have lived here for at least 90-days. If one of the spouses is in the armed forces and stationed in Arizona, and that is the basis for Arizona jurisdiction, then the military presence must have been maintained for 90 days before the petition is filed.
How long do you have to be separated before divorce in AZ? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse.
If your spouse does not want a Legal Separation, the court will not order a legal separation. The court can change the Petition for Legal Separation into a Petition for Dissolution of Marriage (divorce), if for the last 90 days prior to filing the Petition for Legal Separation, you and your spouse lived in Arizona.
In Arizona, spouses can remain legally separated for as long as they wish, until the time of either spouse's death. In the event that one spouse dies while the couple is legally separated, the marital relationship ends without the surviving spouse going to family court, and no further legal process is necessary.
Some Arizona couples choose a legal separation instead of a divorce when their marriages are irretrievably broken. The process of legal separation (governed by A.R.S. § 25-313) is similar to that of a divorce, but the couple remains married.
You and your spouse have been living separately continuously for at least 1 year from the date that your legal separation was issued (if you received one); your spouse habitually abuses drugs or alcohol; or. you and your spouse both agree to the divorce.
A legal separation is similar to an Arizona divorce, in that all assets and debts are separated and a parenting plan is finalized, but when legally separated, spouses remain legally married. A legal separation can be converted to a divorce at a later date.
You can file for divorce in Arizona when either you or your spouse has been a resident of Arizona for at least 90 days. However, the spouses must have a significant connection with Arizona to allow the Court to divide property, divide debts, and issue spousal support and child support orders.
With legal separation, all marital assets and debts are equally divided between the parties. In Arizona, assets and debts acquired during the couple's marriage are presumed to belong to the community.
Arizona does not require you to be separated from your spouse before you can get divorced. You do, however, have to wait for a period of time before your divorce is finalized.