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About the Arizona divorce process and Rule 49

| Apr 15, 2020 | Blog |

If you have been a resident of Maricopa County for at least 90 days, you are eligible to file for an Arizona divorce. 

Part of the divorce process is completing and submitting the disclosure statement in compliance with Rule 49, but what does this mean? 

About Rule 49 

Officially, Rule 49 is Arizona Rule of Family Law Procedure 49. This is basically the rule for a disclosure statement, which requires you and your spouse to disclose material facts to one another. The goal is to assist you in focusing on and resolving the most important issues you face in your divorce.

The rule emphasizes the voluntary exchange of information between divorcing parties. A disclosure statement includes detailed information about child support, parenting time, spousal maintenance, witnesses, legal decision-making, property, attorney fees and debt. 

How to respond 

You do not file the disclosure statement with the court. Instead, Rule 49 requires that you either mail or hand-deliver it along with any accompanying documents to your spouse or his or her attorney. In the meantime, you must also file your personal Affidavit of Financial Information with the Clerk of the Superior Court. 

Temporary help 

Because of the many issues that arise, a divorce could take months to settle. So that you can move on with your life while you wait, your attorney can help secure the court’s approval for a temporary court order.

The order will resolve questions about child custody and visitation, the amount of child support and spousal support, who will reside in the marital home and pay the mortgage and utility bills, who will make car payments and more. 

When to seek assistance 

Anyone who fulfills the residency requirements in Arizona can obtain a divorce. However, following the procedure, such as fulfilling the requirements of Rule 49, is not a simple matter, which is where professional guidance can help. Once you decide to divorce, do not delay. The sooner you seek help, the sooner you can put the whole process behind you.