Although many couples agree that they both want a divorce, there are situations in which one spouse does not agree to the divorce. Although one spouse can contest the divorce, he or she cannot stop it.
Arizona is a no-fault divorce state, which means that only one spouse need state that the marriage is irretrievably broken for a divorce to be granted. If a spouse disagrees with the divorce, he or she can request a conciliation meeting with the court, by filing a petition for conciliation within 60 days of the date that spouse is served with the divorce papers. This petition then puts the divorce on hold for 60 days so that the couple has a chance to try to repair the marriage through conciliation counseling.
Both spouses are required to attend court ordered counseling sessions with a professional counselor. The spouses are required to attend at least one counseling session. The meetings are private and confidential and are free of charge. At the conclusion of the 60 days, the parties may be referred to a private counseling service. Once the 60 day waiting period has ended, the divorce can move forward if one or both spouses wants a divorce. During the 60 day waiting period, all temporary orders issued by the court remain in effect.
It is possible to file a conciliation petition even if you do not have a divorce case pending. If one of you does this, a divorce or separation cannot be filed within 60 days of the petition for conciliation. After the 60 days is up, a petition for divorce can be filed.
When you need a law firm that is ready to represent you with integrity and compassion, turn to the Sampair Group in Glendale, Phoenix and Mesa, Arizona. Contact our office today.