It’s common for one spouse to be uncooperative when a marriage breaks down, including refusing to sign divorce papers. That doesn’t mean they can prevent the divorce from happening.
An experienced family law attorney can help a couple through this stage of the process, first by explaining that Arizona is a no-fault divorce state. That makes it possible to effect a divorce without a trial or blaming one person for the failure of the relationship.
How No-Fault Divorces Work
As a no-fault divorce state, individuals in Arizona don’t need their spouse’s permission to end a marriage (also called “dissolution”). By simply saying the marriage is “irretrievably broken” the process can proceed without the need to prove that one spouse is to blame.
Covenant marriages, which represent only a tiny fraction of couples in Arizona, is treated differently. In this special category, laws require the couple to make reasonable attempts to resolve their issues before seeking divorce, including attending therapy or counseling.
First Step: Serving Court Papers
When one person chooses to end a marriage, they must file a Petition for Dissolution of Marriage with the local court. These documents are then delivered (served) by a constable (sheriff’s representative or process server) to the spouse, whose receipt is an acknowledgement that is returned to the court. The requirement to use a third party server creates a legal record that the documents were properly delivered.
Responding to Court Papers
The spouse who was served papers (the respondent) has 20 days to answer the divorce action, or 30 days if they live out of state. The deadlines are strictly required under Arizona law. If the person refuses to sign the case does not end; not signing just tells the court they will not take part in the process. This is called the default divorce process.
The Default Divorce Process
If they don’t have their spouse’s acknowledgement of the divorce petition, the petitioner who initiated the divorce must file the Application for Entry of Default at the court clerk’s office after 24 days (34 days if the nonresponsive spouse lives in another state). That gives them 10 more days to respond (called “curing the default”).
If no response is filed within the 10-day window, the petitioner can file for a default divorce. This process allows the court to grant the terms requested (after reviewing them and determining that they are fair and reasonable). If there are children involved, a judge will also ensure that orders around custody and financial support are in the child’s best interests.
When a Spouse Can’t Be Located
If your spouse has moved away, the court requires a diligent search before agreeing to grant a divorce in absentia. This triggers the process of divorce by publication, which means they get notified of the divorce through a public legal notice (in newspapers and posted in places like the post office). This ensures that reasonable efforts are made to notify them.
Disputing the Terms of Divorce
If the spouse responds to the divorce petition and wants to dispute the terms of divorce, it becomes a contested divorce. In this situation the court usually orders both parties to attend Alternative Dispute Resolution (ADR), a mediation or settlement conference. If this fails the court schedules a trial.
Consequences of Non-Participation
Being deliberately uncooperative can trigger legal consequences. Misbehaving (becoming unruly) during court or trying to complicate the process allows the judge to award more assets to the cooperative spouse.
These potential penalties are compounded as the non-responsive spouse will have difficulty changing the terms of a finalized divorce. The bottom line is, not responding and being uncooperative doesn’t change anything. Attempting to work within the system is a person’s best opportunity to get the divorce terms they want.
Finding Help, Achieving Compromise
Divorce is rarely a situation in which one person gets everything they want. An experienced attorney from Webster Family Law can explain Arizona’s divorce process and seek opportunities to bring the parties together to achieve an agreeable compromise. Being uncooperative complicates but doesn’t end the process. Call for a consultation today.