Lupita Shestko-Montiel

.epMINIMUM INFORMATION REQUIRED FOR THE PREPARATION OF A DISSOLUTION OF MARRIAGE, ANNULMENT, CONSENT DECREE OR LEGAL SEPARATION

1. I provide and prepare all forms needed in filing for dissolution of marriage or legal separation. For covenant marriages celebrated after August of 1998, there is a different process. Annulments are limited in Arizona, and must specify grounds that make a marriage either void or voidable.

2. Information regarding your marriage certificate is required: Date and place of marriage, exact names as they appear on the marriage certificate. If possible, bring the marriage certificate or a copy to your appointment.

3. Both parties personal information: Current legal names, social security numbers, addresses; place of employment, hourly rate, job title, and employers’ address.

4. Privacy Issues: For your peace of mind, there is no disclosure of social security numbers or birth dates in public documents.

5. Length of physical residence in Arizona: Wife: _________Husband: ___________.

6. Children: Names of all the minor children under the age of 18, date and place of birth, social security numbers and their address for the past five years. If a son/daughter is older than 18 years and is disabled, please explain needs and disability.

7. Children Physical Custody and Legal Decision-Making: Who will obtain the residential and legal decision-making of the minor children? Try to prepare a Parenting Plan, in other words, prepare a reasonable and prudent schedule for visitation with the minor children. Try to pre-determine who is going to claim the children in his/her income tax return.

8. Community Debts: Who is going to assume responsibility for each debt incurred during the marriage? Bring a list of all debts incurred by both parties to your appointment. If possible, bring a credit report.

9. Community Assets: Who is going to obtain community assets? If there are real estate properties, please bring copies of the deeds, as well as copies of automobile or mobile homes titles. Avoid omitting properties. At the end, the Court will determine if division is fair and equitable

10. Parenting Classes: This session is required for both parties if there are minor children. The cost is $45 per spouse.

11. The court filing fees are without children-$274. with children-$319 Parenting Education class is included. Which will be collected at time of filing by the Court. Payment could be made with a credit and/or debit card.

12. The preparation fees start at $750.00 without children and without properties;  with children and real estate properties, the preparation fees start at $950.00. Divorce  with children includes: Affidavit Regarding Minor Children, Parenting Plan, Child Support Computation  and all supporting documents. Keep in mind that fees are according to your case. An example of an extra charge would be: One of the spouses changes their mind and makes a formal answer in court,  that would require additional forms  to be filled; or requires special orders about spouse’s  alimony, child support for special children or the parenting plan. Basically, if the divorce process takes a different path, and additional documents need to be prepared an extra fee will be incurred. The average extra chare will be from $600-$950 under the above scenarios.

13. The Respondent must be served with a summons. This is commonly done by:

1) Petitioner can serve Respondent with the summons provided Respondent signs an Acceptance before a notary public;

2) Service by mail or national courier which must be restricted certified mail upon the Respondent with an average cost of $10-$50;

3) Service through a Constable or Private Process Server with an approximate cost of $100-$300; and

4) through publication with an average cost of $150- 300 dollars. The serving of the summons can be costly if there are special conditions. Notice: An approval form the Court is required prior to publication.

14. On the average, it could take from a minimum of 61-91 days to complete the divorce process. CAUTION: The petition can be dismissed by the Court if the petition sits idle for four months without any justifiable and reasonable explanation given to the court for the delay. COVID-19: It may take a little longer for the divorce process. 

15. The Petitioner is welcome to this office without an appointment in order to have documents notarized and/or clarification of the divorce proceedings, if necessary.

16. If the Petitioner and/or the Respondent anticipate problems that he/she believes they cannot come to agreement on, it’s suggested he/she consult with a divorce attorney.

17. Other Issues: Alimony/Spousal maintenance, Medical Insurance, Pensions, Name Change (name restoration) History of Domestic Violence?

Divorce FAQ — Arizona Supreme Court