Family Law

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Best Attorney Award 2023 — Bullhead City, AZ — Law Offices of Lenkowsky and Fontenot

Arizona Rules Concerning Family Law Procedure Rule 49

Rule 49 sets requirements and procedure standards for all family law cases. Rule 49 addresses the needs individuals must adhere to in their disclosures in a family law case. It requires that unless otherwise specified, within 40 days after filing a response to an initial petition, each party must disclose, in writing, information regarding the following topics:

  • Resolution Statement
  • Child Support
  • Spousal Maintenance and Attorneys’ Fees and Costs
  • Property
  • Debts
  • Disclosure of Witnesses and Expert Witnesses

In addition to these requirements, parties are obligated to continue disclosing pertinent information related to the family law case. Parties must disclose information about the case within 30 days of receiving the information. Parties must also provide any requested, relevant information that the court orders. This allows for open, forthcoming communication between parties and the court.


Fill out and file papers to begin the divorce.

This step can be a very tedious exercise. It typically involves completing all the forms the court will require to begin a divorce case, which may include a:

  • Family Court/Sensitive Data Coversheet usually contains confidential information commonly sought after by identity thieves, including Social Security numbers and birthdates. The court will keep this information safe and it will not be shared with the other party.
  • Depending on the county, a cover sheet may or may not be required.
  • Summons to respond or appear.
  • The preliminary injunction tells what the parties can and cannot do while the divorce is pending.
  • Health insurance notice.
  • Creditor notice.
  • Petition for Dissolution of (Non-Covenant) Marriage With/Without Minor Children.
  • Notice of Appearance is used only if an attorney is representing you from the start.

Some court filings require payment of a filing fee. These fees may vary from county to county in Arizona and are subject to change. In Maricopa County, Arizona, the filing fee for a petition is currently $341.00. For a response, the filing fee is $270.00.


DISCOVERY AND DISCLOSURE

To determine what exactly each party is required to disclose will depend on the type of case or, more specifically, the issues which are involved in the case. Here are specific disclosure requirements for:

(a) legal decision-making and/or parenting time;

(b) child support;

(c) spousal maintenance and attorney’s fees;

(d) property; and

(e) debts

Some cases, usually involving divorce or legal separation, may involve all of the contested issues listed under the Rule 49. Litigants in those types of cases must exchange all of the documents and information required under each subsection. This can be huge so it is a good idea to prioritize Rule 49 once a family case is filed.


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