Introduction

Thank you for considering this Alpha Arizona Separation Kit, which is the only "Full Service" do-it-yourself Separation Kit currently on sale throughout the State of Arizona.  What we mean by "Full Service" is, for example, that:

(1) It does not require that you consult or obtain the services of a lawyer to complete any of the forms included in the kit,

(2) it does not require that your spouse (respondent) agree to the action, as long as he or she does not respond and object to the action, and

(3) it does not require that you obtain the services of a lawyer if your spouse is either out-of-state or whereabouts unknown to you.

What this Alpha Arizona Separation Kit does provide is:

(1) easily prepared forms which can either be hand printed or typed,

(2) child custody forms that allow either one parent custody or joint custody,

(3) property and debt schedules which allow for a simple, yet legally effective method of dividing the community property and/or debts,

(4) Forms that allow the spouse (respondent) to accept service from the petitioner, and thus simplify the Separation proceedings,

(5) provide all of the Forms required to serve the papers upon respondent by all of the authorized methods of service, and

(6) provides this complete instruction guide that not only outlines important information regarding divorce procedures, but also guides you set-by-step through the selection, preparation. filing and service of the Forms upon respondent. There are also illustrated examples of each form in the Appendix section (Blue pages).

While the features of this Alpha Arizona Separation Kit may seem numerous, this is so because a variety of changes can occur either in the attitude of one or both of the parties, or other conditions may arise that were either unknown or not expected, which may tend to hinder the separation action; therefore, in order to guarantee the successful completion of the proposed action, we have included these alternate and additional features.

We are also aware that some questions may arise as to the application of a particular form as it may apply to your situation; and to the extent that you may not fully understand its meaning, we have provided phone numbers that you may call to obtain answers to your questions. In this regards, we ask that you carefully read the material contained in this text before you place your call.

This Separation Kit also includes the most recent Arizona Child Support Guidelines, which must be used to calculate the amount payable as child support in every case; however, deviations from the guidelines are possible if justification can be properly explained.

Also, Arizona has adopted new laws that now require both parents to attend classes for the purpose of educating them on the impact of a domestic relations action on children. The action will not be granted unless both parents attend and receive a certificate of completion, unless compelling reasons dictate that one parent could not or is unable to attend such classes. Since this is new law, some of the procedures have not been finalized, therefore, you may receive Inconsistent information from time to time, but the initial procedure is for the Clerk of the Court to provide each petitioner filing a divorce or separation action with a copy of the Court Order requiring class attendance and an instruction sheet on scheduling the class. A copy of which must be served upon the respondent.

Keep in mind also that the domestic relation laws and local court procedures are subject to change without notice from time to time. And in most cases, these changes occur with very little, if any, notice; therefore, if you experience any changes in either the filing procedures, the service of process or hearing procedures that vary from the way we have stated them in this text, please call us immediately. And if additional forms are necessary, we will provide them to you without cost. Also, from time to time, some of the courts provide their own forms for such things as civil cover sheets, judgment data sheets or forms to waive or postpone the filing fees. If this happens in your case, simply complete the forms supplied by the court and disregard the ones in this Kit.

Since all of the discussions In this text apply equally to divorce an separation actions, there is one distinct difference between the residence period of a divorce and a separation, and that is, a divorce action requires the filing party (petitioner) to be a resident of this State for a period of 90 days prior to filing the action, whereas, a separation action does not have this requirement. Otherwise, all other aspects of the two actions are identical, accepting of course that a separation action merely terminates the community property relationship between the parties as they continue to be married, while a divorce action dissolves or terminates the marriage.

If you have any comments, questions or suggestions, please feel free to contact us. Thanks again for considering our Alpha Separation Kit.