Legal Question in Family Law in Arizona
Is this necessary?
My wife and I have agreed to enter into a stipulated divorce agreement. She has representation and I do not. Her attorney has motioned the Navajo County Superior Court for a 30 minute hearing to finalize the divorce. In that motion, my wife�s attorney has requested that he appear telephonically. My wife has indicated that she won't be in attendance at all. I assume once the hearing is set, I am expected to be present as I do not have any counsel. My question is, why do we need a hearing at all for an agreement we have both agreed to and have signed and notarized. Shouldn't the judge just be able to sign the agreement and make it final without entering the court room? My little brother got divorced (By stipulated agreement) not to long ago in Maricopa County and did not have to enter a court room. His paperwork was submitted to the court and it was signed and then became final. Can I not do the same? Thanks!
1 Answer from Attorneys
Re: Is this necessary?
Thank you for your inquiry. It's true that in Maricopa County, it is not necessary to make a personal appearance to submit a consent decree (stipulated divorce) package; however, each county has it's own procedural rules. I have a couple of ideas (pure speculation) of why he might have requested a hearing: (1) There may be a pending deadline that is avoided by going to court; or (2) This might expedite the finalization of the case. In Maricopa County, it takes the judge 3-6 weeks to sign the final papers and return them to the parties. With a personal appearance, the judge can sign right there, and you will be divorced when you leave the court. If the other attorney is willing to speak to you, you can call and ask the reason for the appearance.
I hope this information is useful.
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