In Arizona and most other states, the process of divorce can be long, and it is not finalized immediately. A mandatory 60-day pause must run its course before a judge approves the signed divorce agreement and the dissolution is final.
An experienced divorce and family law attorney can explain what that pause does, and how to turn a frustrating two-month wait into a productive period.
Why Wait, and What to Do
The 60-day waiting period begins the day your spouse receives the divorce papers, not when the divorce petition was filed in court. If they are difficult to find or are traveling, the 60-day period is delayed until service of the petition is successful. If a spouse cannot be located to receive papers or is served but does not respond regarding the legal process, a default divorce may be granted by the court.
The waiting period is mandatory, including for divorces in which the spouses agree on every issue. There are no shortcuts, even for couples that have lived apart for years.
The “cooling off” period is meant to discourage impulsive decisions made in anger and to leave room for reconciliation. Arizona’s Superior Court provides conciliation services to anyone who wants it, even if stopping the divorce is not the intended result.
Injunctions and Temporary Orders
At least two things happen during the 60-day waiting period:
- Filing a divorce petition automatically triggers an injunction against the spouse who files and, when they are served papers, against the other. This injunction prohibits both parties from transferring, hiding, selling, or borrowing against joint or community property, except for ordinary business activity, necessities, or attorney’s fees connected to the case. It also prohibits removing children from Arizona without written consent or court permission, and bars harassment or interference with existing insurance coverage. Violations reported to the court via a petition submitted by a spouse can result in contempt charges, arrest, or an unfavorable property division.
- Either spouse can ask the court for temporary orders to cover urgent matters that can’t wait two months, such as who may stay in the shared home, temporary child custody and parenting time, temporary child support, or spousal maintenance payments.
Using the Time Wisely
Treat the waiting period as an opportunity to prepare rather than simply running out the clock. Some of the useful things to do include:
- Gathering financial documents. Get copies of bank statements, tax returns, retirement account balances, and debt statements. These help account for and divide co-owned assets. Spouses are required to exchange financial disclosure documents during the divorce process.
- Begin settlement negotiations or mediation with your spouse. It’s possible to reach an agreement that becomes a consent decree within the 60-day window but it won’t be entered into the record as the final decree until the 61st day.
- Consider the implications of contesting. Most divorces in Arizona are uncontested and therefore are finalized in 90-120 days. However, disputed custody, significant assets, or calculating and dividing business interests push the finalization out to six to 12 months.
Understanding the Process and Timeline
Ironing out property division, parenting arrangements, and other concerns in divorce requires time and the steady hand of an attorney from Webster Family Law. Understanding the process, including the mandatory cooling off period and administrative time, results in a more satisfying family court experience. Consulting an experienced attorney can clarify where your case stands, build a realistic timeline based on your specific circumstances, and identify any urgent issues that may call for temporary orders. Call for a consultation today.