Do You Remember The Time? (Divorce Time)
Written by: Tracy Augustin
No, unfortunately, this is not a homage to the Michael Jackson song, “Do You Remember the Time,” but what it IS is a quick guide to all things related to Arizona deadlines during “divorce time.”
A question I get asked in almost EVERY divorce consultation is “how long will it take for my divorce to be final?” Because most people going through Arizona divorce proceedings have questions related to the timing of their case, I have put together a quick reference guide to help you through the process that will answer all of your questions that start with “WHEN”!
QUESTION 1
Is it time to take action in your divorce case?
My spouse and I have reached a full settlement, so WHEN is the soonest my divorce can be complete?
o In any Arizona case, no matter what the circumstances are of the case, the soonest you will be divorced from your spouse is 60 days from the date that the respondent is served with the Petition for Dissolution.
QUESTION 2
I was served with divorce paperwork, so WHEN do I need to file a Response or Answer with the Court?
o It depends on where you were served…
§ If you were served in the State of Arizona, you have 20 days to file your Response.
§ If you were served outside the State of Arizona, you have 30 days to file your Response.
§ If you were served by publication, you have 60 days after the date of the 1st publication to file your Response.
QUESTION 3
WHEN I am counting days, do I count weekends and holidays or only business days?
o Again…it depends.
§ If the timeframe you are counting is less than 11 days, you DO NOT count weekends or Court holidays.
§ If the timeframe you are counting is 11 days or more, you DO count weekends and Court holidays.
§ And, no matter what the timeframe is, if the last day of the timeframe ends on a weekend or Court holiday, your deadline will automatically fall on the next business day.
QUESTION 4
My spouse filed a Motion with the Court, and I would like to file a Response. By WHEN must I file my Response?
o Within 10 days of the filing date.
o If the Motion was mailed to you, you get 5 extra days for mailing (count weekends and Court holidays).
QUESTION 5
What about a Reply to a Response–WHEN must that be filed?
o Within 5 days of the filing date.
o If the Response was mailed to you, you get 5 extra days for mailing (count weekends and Court holidays).
QUESTION 6
If my spouse never filed a Response with the Court after he/she was served, WHEN can I began the Default proceedings (proceedings without the other party’s involvement)?
o If after the timeframe has passed for your spouse to file a Response (see Question 2 above), you may file an Application and Affidavit for Default with the Court. Once filed, you must then wait 10 more days before you proceed further (start counting the day after you file your Application and Affidavit for Default).
o However, DO NOT schedule your hearing or submit your Default Decree until your 60 day waiting period has passed (see Question 1 above).
So there it is…the answers to all of your WHEN questions. Hopefully, after reading this blog post, you will no longer be in the dark about WHEN you need to get things filed during your Arizona divorce. Now, the next time you are asked “Do you Remember the Time?” (Divorce Time) – you can answer “yes!”