What is the Cooling Off Period in a Divorce in Arizona?

what is the cooling off period in a divorce

What is the Cooling Off Period in a Divorce in Arizona?

One of the first questions our clients ask us is how long their divorce will take. It’s almost as if they can’t act swiftly enough. Divorce lawyers in Arizona understand this feeling. In the heat of the moment, some married people file for divorce only to regret their decision a week later. What you need to understand is that, once your spouse is served, there’s no coming back from that. While you can certainly withdraw your petition for divorce, your spouse will know that you filed. This is why the court has a cooling off period. They want to make sure the marriage truly cannot be reconciled before they move forward.

The Courts Want to Make Sure Your Marriage Isn’t Salvageable

The main reason the courts require a waiting period is to make sure you truly want to get divorced. When couples file for divorce, there’s always the chance they may change their mind. Rather than have the judge’s court docket filled with cases that are only going to be dismissed weeks later, the cooling off period is in place.

What is the Point of a Cooling Off Period?

Some of our clients get angry when they learn that there is a 60-day cooling off period. It’s in place for your benefit. The court wants to make sure your decision was made rationally. If you happened to have filed the petition for divorce out of anger, you may regret it a week or so later. This way, you still have a way out up until that 60-day period has passed. During this time, make sure you stay in touch with your divorce lawyer in Arizona during this time. You’ll want to be on the same page in case your spouse does respond.

Do You Have to Wait for the Other Party to Respond?

One of the interesting things about getting a divorce in Arizona is that your spouse only has 20 days to respond to your petition. However, you cannot move forward until the 60-day waiting period has expired. There’s always the chance that your wife or husband may file their response at some point between the 20 day and 60-day mark. While the response is officially late, the judge will likely accept the response. Your divorce lawyer in Arizona will be prepared for this. You just don’t want to let it discourage you.

Set Up a Consultation with Our Divorce Lawyers in Arizona

Some people insist that their marriage is over and just want to get their divorce over with. When their divorce lawyer in Arizona tries to explain that there’s a cooling off period, they get upset. It’s almost as if they’re afraid that their marriage may be salvageable. The bottom line is that the law requires you to wait at least sixty (60) days before your divorce can proceed. These 60 days isn’t wasted time. During this period your divorce lawyer in Arizona will get started on things like discovery and a property settlement agreement. That way, much of this is ready to go out once the cooling off period has expired.

If you’re thinking about filing for divorce but aren’t sure if it’s the right decision, the cooling off period is ideal. This gives you the chance to really think about what you want to do. Perhaps you’re filing divorce as a revenge tactic. Or you do it out of anger. This period gives you a chance to think about your future so that a cooler head can prevail. If, after the 60 days, you still want to move forward, your divorce lawyer in Arizona will make that happen. Call today so you can schedule your initial consultation.