Is Divorce A Civil Case?

In general, there are two case types: civil cases and criminal cases. Criminal cases are initiated by a government prosecutor against an individual or organization that has broken local, state, or federal laws. Civil cases, meanwhile, are usually between private parties, encompassing everything besides criminal matters. This can range all the way from small claims to family law. Divorce cases fall under the family law umbrella and are considered civil cases.

What Is Civil Court?

In the state of Arizona, civil law deals with Arizona laws that pertain to the rights of private citizens. The majority of cases will involve legal disagreements between individuals, businesses, corporations, or partnerships. This can also include local or state government entities.

Arizona civil courts can cover a wide array of cases, such as landlord/tenant disputes, divorce, name changes, and much more. The majority of civil cases, however, deal with debt collection, property damage, monetary damages for injuries, and breach of contract.

In civil cases, the party initiating the case will be referred to as the plaintiff. The responding party (or respondent) is known as the defendant. This is quite similar to criminal court cases, where the charged individual is the defendant, and the government is the plaintiff.

How To Bring A Civil Lawsuit In Arizona

While there are no shortages of civil case types covered in Arizona, they all follow the same general guidelines. Whether you are filing for divorce or seeking damages, civil cases in Arizona will all follow this process detailed below.

• The plaintiff must file a complaint with the clerk of court stating why they are suing the named defendant, and what action they wish the court to take on their behalf.
• The plaintiff must serve a copy of the complaint and summons to the defendant.
• The defendant will then have approximately 20 days to file a written response either denying or admitting the statements made in the complaint.
• In the discovery phase, the plaintiff and defendant will exchange information about the case before trial begins. This includes obtaining testimony through depositions and/or collecting physical evidence.
• The case is then tried before a judge or jury.
• Based on the evidence and testimony, the judge will make a decision or the jury will deliver the verdict.

It’s important to note the losing party always has the right to appeal the decision of the court to the next-highest level of court. However, appeals are based on an assertion that the appropriate laws were not upheld properly – not a dispute of the facts presented.

In other words, individuals cannot appeal the decision simply because they did not agree with the outcome. Your appeal must assert that some aspect of law was not followed properly, either federal, state, or local laws.

Keep in mind that many civil cases are often resolved outside of court through mediation or private negotiations. Certain case types, such as probate or guardianship, are ineligible for bypassing court. In the majority of cases, it’s in everyone’s best interests to let the plaintiff and defendant settle the issues privately.

What Is A Civil Divorce?

You and your spouse will sign an agreement prior to this process if you opt for a civil divorce. You will each have your own lawyer while agreeing to share information openly. Both sides will agree to work together to figure out any differences to reach a fair solution. Essentially, you are working toward a comprehensive agreement that can be presented to the court.

This agreement will include property and finances. If there are children involved in the divorce, custody arrangements will be finalized. You may hire any experts needed to weigh in on the fairest terms possible. Use their legal expertise to guide your decisions, but you will still have control over any final agreements.

Lawyers also have to sign an agreement which requires them to reach a mutual decision or stop representing you if the process ultimately fails. This process differs from mediation, where lawyers attempt to stay litigate, if needed. Legal representatives must be fully invested in a civil divorce.

Conclusion

Of course, not everyone can make a civil divorce work. All civil divorces focus on agreements, but it may not be easy to reach solutions. Marriages typically break down over issues involving communication. Throughout the years, you may have had trouble being fair to each other. Now, during a civil divorce, you will have to do so.

Still, if you love and respect your spouse, you will likely be able to come to mutual arrangements as your marriage dissolves. Civil divorces give you the pathway to make the best decisions possible for yourself, your spouse and your children.

When both parties work together, you will save much of the pain that long divorce proceedings bring. Civil divorce allows you and your spouse to look each other in the eye and agree to a detailed plan moving forward. Trials always create some uncertainty, with a judge oftentimes seeing the case differently than the spouses.

Civil divorce gives you more say in the process overall. By working together, you and your spouse can happily move forward to the next stage of life.

Source: “Is Divorce A Civil Case Or Criminal Case In Arizona?” https://www.jacksonwhitelaw.com/arizona-family-law/blog/is-divorce-civil-case/