{"id":4171,"date":"2019-04-15T09:56:16","date_gmt":"2019-04-15T16:56:16","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?p=4171"},"modified":"2024-11-13T16:33:16","modified_gmt":"2024-11-13T23:33:16","slug":"response-divorce-petition-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/response-divorce-petition-arizona\/","title":{"rendered":"How to Respond to Divorce Papers in Arizona"},"content":{"rendered":"

Even when you\u2019re expecting divorce papers, being served a Petition for Dissolution of Marriage<\/a> isn\u2019t a pleasant experience. It means your spouse has initiated the formal divorce process in Arizona<\/a>, and it\u2019s now up to you to respond.\u00a0<\/span><\/p>\n

We\u2019re not talking about your emotional response, or a polite text message to let your spouse know you received the papers. No, we\u2019re talking about your legal response to the court.\u00a0<\/span><\/p>\n

If you\u2019re feeling anxious, the good news is you don\u2019t have to handle the response on your own. The best thing to do is get in touch with your attorney, or hire an attorney if you haven\u2019t already done so. An experienced family law attorney can help you achieve the outcome you desire, whether it\u2019s to get this over as quickly and painlessly as possible, push back against unfair claims, or even to make an attempt at conciliation.\u00a0<\/span><\/p>\n

What Does Respondent Mean?<\/h2>\n

First, let\u2019s cover a few simple definitions for terms you\u2019ll come across in your divorce papers. The spouse that files the Petition for Dissolution of Marriage is referred to as the petitioner, while the spouse who is served the petition is referred to as the respondent. Even if you draft the petition with your spouse, one party must be the petitioner, and one must be the respondent.\u00a0<\/span><\/p>\n

Generally speaking, being classified as the respondent or petitioner doesn\u2019t matter in an uncontested divorce<\/a>. It\u2019s simply a nicer way of referring to the each party than the traditional legal situation where you have a plaintiff and defendant (not exactly pleasant terms in a divorce case).<\/p>\n

Mandatory Timeline for a Response in Arizona<\/h2>\n

Arizona law provides the respondent 20 days to respond to a Petition for Dissolution of Marriage in the form of a responsive pleading. The timeline begins the day the respondent receives service of process. Failure to respond within 20 days opens the door for the petitioner to file a request for default. If granted, a request for default means you cannot contest any of the allegations in the petition.<\/p>\n

Don\u2019t confuse the response timeline with Arizona\u2019s mandatory 60-day \u201ccooling off\u201d period. Even if you fail to respond in a timely manner and the judge approves a request for default, your divorce cannot be finalized until at least 60 days after the initial filing.<\/p>\n

How to Prepare a Response to a Divorce Petition in Arizona<\/h2>\n

So, what exactly are you responding to? A Petition for Dissolution of Marriage typically contains the following information:<\/p>\n