IV. Initial Hearings and Temporary Orders
Arizona Divorce Process From Start to Finish
What are the First Court Appearances? Do you Need to File for Temporary Orders?
Your initial hearing before the court will depend on the specific facts of your case and the direction it is taking but generally, it will start with either a Early Resolution Conference or a Resolution Management Conference. You may also need to request Temporary Orders from the Court if you cannot agree on support payments and/or parenting time while your case is pending that need resolution quickly.
Each divorce case is different and will have unique legal issues to assess and address. Our law firm handles all types of divorces, from the relatively simple to complicated high net worth divorces, cases involving child custody battles or domestic violence, and more. No matter what the details of your specific situation may be, please do not hesitate to contact our office for a confidential, no-pressure consultation.
What Are the First Hearings in An Arizona Divorce?
Early Resolution Conference ("ERC")
An Early Resolution Conference or ERC may be scheduled by the court for parties who are not represented by an attorney. At an ERC the parties will meet with a Family Law Case Manager who will help the parties attempt to resolve the outstanding issues in their case. It is important to remember, the Family Law Case Manager does not represent the interests of either party. They are simply there to see what agreements can be reached and/or help draft the agreements reached at the conference.
Prior to the ERC, the parties are to complete and submit a Proposed Resolution Statement which outlines the issues in the case and how each party proposes to resolve those issues. The Family Law Case Manager will review the Proposed Resolution Statement prior to the conference and see how far apart the parties are from reaching an agreement and see what the parties do agree to. For more information about Early Resolution Conference’s, review the materials provided by the Maricopa County Superior Court.
Prior to completing your Proposed Resolution Statement and attending your Early Resolution Conference we recommend you meet with an experienced family law attorney to learn your rights. At Burggraff Tash Levy PLC, we are happy to meet with clients to discuss their case and the ERC even if they are not going to have our firm represent them. If you would like to schedule a consultation to discuss your case, the ERC and/or the Proposed Resolution Statement contact us at 480-307-6800 or use our online form.
Resolution Management Conference ("RMC")
A Resolution Management Conference or RMC is similar to an Early Resolution Conference except that it is scheduled when at least one of the parties is represented by an attorney and the hearing is set before the judge presiding over your case rather than a Family Law Case Manager. Prior to the hearing, you must submit a Proposed Resolution Statement that outlines your positions to resolve your case. At the hearing, the judge will see what agreements, if any, the parties have reached and what the court can do to help the parties resolve the other issues. The judge may order some form of Alternative Dispute Resolution and/or appoint third party professionals may be needed depending on the case.
If you have an RMC scheduled, we recommend you at least meet with an experience family law attorney to discuss the hearing and what you may need to ask the court for at the hearing. If you would like to schedule a consultation with an attorney in our office, call us at 480-307-6800 or use our online form.
Do You Need to File For Temporary Orders?
What Can Be Addressed With Temporary Orders?
If you are not able to agree on, while the case is pending, who will be staying in the marital residence, who will be paying the financial obligations, what temporary spousal maintenance may be necessary, what temporary child support may be or what the temporary parenting time schedule will be, you may want to consider filing for temporary orders.
Prior to filing for temporary orders, we recommend you meet with an experienced family law attorney. With the assistance of an attorney you may be able to avoid the need for temporary orders by reaching an agreement. While temporary orders are sometimes necessary, they are costly because they require a temporary orders hearing which is essentially a shorter version of a final trial. Requiring preparation and an evidentiary hearing. If you would like to schedule a consultation with one of our experienced family law attorneys, call us at 480-307-6800 or use our online form.
What is The Process for Requesting Temporary Orders?
Requesting temporary orders can be accomplished by filing a Motion for Temporary Orders. This motion can be with or without notice depending on the circumstances of the case. Which is most appropriate greatly depends on each individual case, meet with an experienced family law attorney to discuss your options. Call us at 480-307-6800 or use our online form.
I. Considering Divorce
II. Finding An Attorney
III. Beginning the Divorce Process
IV. Initial Hearings and Temporary Orders
V. Disclosure and Discovery
VI. Resolution Outside Court
VII. Trial Preparation
Schedule a Consultation with an Experience Family Law Attorney Today
The lawyers at Burggraff Tash Levy know that choosing the right divorce attorney is a personal matter. This is why you will never feel any pressure during your consultation. We are here to answer your questions, discuss your options, help you understand your rights, and, if we represent you in your divorce, our lawyers will guide you through every step of the process as efficiently as possible. We work to keep costs low so that you can start this new chapter on your life in the best position possible.
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Scottsdale, AZ 85260