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Ray, Lawyer
Category: Legal
Satisfied Customers: 41037
Experience:  30 years in civil, probate, real estate, elder law
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Hi, my name is Steve, I live in Phoenix Az. My wife n I, are

Customer Question

Hi, my name isXXXXX live in Phoenix Az. My wife n I, are probably going to get a divorce. My question is, In the state of Arizona, do both husband, and wife have to sign the divorce papers, or is what she is saying about no fault divorce, that whether, I sign the papers, or not, we are still divorced.I need to know, if this is true, or false. I would also appreciate it if you could elaborate a little for me, so, I have some ammunition, to take back to her, or not. Thanks.
Submitted: 6 years ago.
Category: Legal
Expert:  Ray replied 6 years ago.
Thanks for your question.No she can file and serve you here in Arizona.You then have to file answer to put all in dispute and avoid default.But the court would then hear this grant divorce and proceed to divide all.You can't stop the other party here from getting divorce.The option here is to try and work out settlement or let the court decide all.

Customer: replied 6 years ago.
So basically, what you are saying is, She can file, and, I don't have to sign the papers to be divorced, and if so, if we come to our own agreement outside of court, then is that all that has to happen for us to be divorced. I would not like to go to court on this, and have them split everything up. I think we can come to an agreement, with our belongings, joint custody with my daughter, and she will take her name off of the house, without a fight. It sounds like she just wants out.I also know that she isn't going to ask for child support, since, I would have her half of week anyway.does this sound about right?
Expert:  Ray replied 6 years ago.
Yes you just need the court to approve the settlement.You may consider splitting a lawyer to just prepare agreement and walk it through.An agreement is always preferable so you get what you want here.
Customer: replied 6 years ago.
I think, I understand your answer, but still, I guess, I don't understand what I'm supposed to do when I get served the papers. Accept them, if it sounds okay, or don't just accept them, and have the attorney look at them, and prepare the agreement. I would like to get out as inexpensive as possible. After all this divorce is her idea. Also, am I supposed to sign them, or not. I'm still a little confused what avenue to take.Or should I not worry about it at the moment, and just wait to see what they say first, then act. What do you think? Please explain.
Expert:  Ray replied 6 years ago.
You would sign a waiver here to save service costs.You also sign the agreement after you read it and assuming you agree with it here.Read any settlement they propose to divide everything you have from the marriage.Everything is pretty much negotiable between the parties.Hopefully you can resolve it all and sign an agreement and the waiver.I mean they can save you but it keeps costs down.A waiver just shows that you have been handed a copy here rather than served and waive the right to be served.nothing more.
Customer: replied 6 years ago.
Okay, now she says, that instead of just getting a divorce, she is going to have written up what she calls, Legal Seperation Papers. After that, she says, we would both sign them, and have them notarized. Does this sound like something, that you ave heard of? Is this considered an alternative to getting a real divorce, because there might be some reconciliation, after a while, and we could get back together, and work things out. She has already moved out, and, I'm keeping the house, and paying all the bills associated with it, including taking care of my daughters health insurance by paying half of the costs with her.So where do I stand with this new idea she has come up with?
Expert:  Ray replied 6 years ago.
Yes just make sure that you get what you want.Anything can be negotiated and don't sign unless you want here.The difference here is you divide everything but you are still married in this situation.You certainly can resolve.Here are sample forms to compare all.
Customer: replied 6 years ago.
Okay, I think I understand, but, she only wants her clothes, and is leaving everything in the house, and wants nothing else.She made it sound like in her email to me, that she was going to have papers drawn up, by herself, and us together agreeing on the terms set forth by ourselves. She also said, that then we would both sign the papers, then have them notarized. Thus it sounds like no other kind of court involvement would be seeked out at this time.The documents you sent me to download, only talk about filing where there are no minor children present, and there is. Alicia is 9 yrs old, and we will both have joint custody of her, shared equal times of the week.She is also in total agreeance of this.I guess my question is, Is what she is planning to do enough to be considered a legal seperation, without having no court involvement whatsoever, or is she badly mistaken, and there has to be court involvement. I hope not, because, this sounds real easy for us both to work this out by ourselves, with no fighting, or disagreement between us. So whats the real deal here?
Expert:  Ray replied 6 years ago.
Well why not share a lawyer here and put it to paper.Anytime there is a child there is potential for disagreement in this matter.So you can share a lawyer and she would file a petition here, a separation agreement that you sign and a waiver of service.The lawyer can draw all up and it's not that expensive to do it this way.For example if there is a house here she would need to deed her interest ot you and papers should award it as well.

Edited by RayAnswers on 9/10/2010 at 1:46 AM EST