What is an Arizona Early Resolution Management Conference?

What is an Arizona Early Resolution Management Conference?

Once you have filed a family law case in Arizona, which includes divorce, child custody and paternity cases, the court may set an Arizona Early Resolution Conference (ERC). The Early Resolution Conference is usually scheduled in cases where both parties are not represented by a lawyer. If you or other party has a lawyer the court may set a Resolution Management Conference (RMC).

The purpose of the Early Resolution Conference in Arizona Superior Court is to meet informally with the other party and see if you can reach any agreements regarding the issues in your case. At the ERC you and the other party will meet with a Family Law Case Manager. The Family Law Case Manager is there to act as a neutral third party. They do not have to ability to order either party to do anything. The ERC is not a time to call witnesses or introduce evidence. The Family Law Case Manager may prepare documents including any agreements you have which will be given to the judge to be entered as final orders. If you and the other party agree on everything you could leave the ERC with final orders resolving all the issues in the case.

Resolution Management Conference (ERC) is a conference held between a Family Law Case Manager and both parties involved in a pending Family Court case (divorce, paternity, custody, etc). The conference is held to assist parties in reaching agreements regarding all issues in controversy. If there are agreements between the parties, the Family Law Case Manager will assist in preparing the paperwork that outlines those agreements. If all issues are resolved, final orders will be entered that day and your case will be concluded. You should plan on being at an ERC for 2-3 hours.

How do I prepare for an Arizona Early Resolution Conference?

You will need to file a Resolution Statement with the court prior to the ERC. The court should provide a copy of this document with the order setting the ERC. The court also requires you to meet with the other party and discuss any potential settlements. You do not need to satisfy this requirement if there is an Order of Protection in place against the other person.

What’s the difference between an Early Resolution Management Conference and a Resolution Management Conference?

An Arizona Resolution Management Conference (RMC) is usually scheduled when either or both of the parties are represented by lawyers. While the ERC is scheduled with a Family Law Case Manager the RMC is scheduled before the judge assigned to the case. The RMC usually last no longer than 30 minutes. Just like the ERC you do not present evidence or call witnesses. The judge will review the issues in the case and determine what is necessary to resolve them. This could include a settlement or parenting conference.  The judge will also set a trial date.

What if I am unable to appear on the date in the Order to Appear?

 Any party may request a continuance no less than 2 weeks in advance of the scheduled conference; if prior plans have been made (i.e., jury duty, pre-planned travel, etc.) you can request one by submitting a proper request in writing to the court. You must submit the proper request with supporting documentation or the signatures of both parties. Emergencies can occur; emergencies may include hospitalization, severe illness or death in the family. There is a number on the Order to Appear you can call in addition to submitting your request if an emergency arises.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Grounds for an Annlment

The legal theory underlying annulment is that the marriage was not valid from the beginning, which means a legal marriage never really existed. An annulment, then, returns a person’s status to single, having never been married. Marriages that are subject to annulment proceedings are classified as “void” or “voidable,” and are sometimes referred to as nullified marriages. A void marriage is a void from the very beginning. With a voidable marriage, one of the parties has the right to annul the marriage but has not yet exercised that right. Court proceedings are required to annul a voidable marriage.

It is a common misconception that the annulment process is faster than a divorce. As with divorce, in annulment cases the court will award custody of children and order the payment of child support. The key distinction between a divorce and an annulment is that the divorce terminates a previously valid marriage, whereas the annulment does not involve a valid marriage.

Also another common misconception is that short duration of marriages qualify for an annulment. For example two weeks or a month, does not qualify a marriage for annulment. The dissolution of a valid marriage, albeit a short one, must still be accomplished through divorce proceedings. It is important to understand that the duration of a marriage is irrelevant to the analysis of whether the marriage is void or voidable. Even a lengthy marriage of many years may still be annulled.


The family court will order an annulment if one of the following grounds is established:

1. Mental Illness, Insanity, or Mentally Challenged.  If a person is married while mentally ill, insane, or so mentally challenged that the person could not knowingly and understandingly consent to the marriage, then the marriage is void. Annulments are granted on the premise that marriage is a consensual relationship — the mentally ill, insane, and mentally challenged lack the legal capacity necessary to give their consent to marry. The mental capacity of the person at the time of the marriage is determinative, not some later date in the marriage or time prior to the marriage.

2. Temporary Insanity.  If temporary or periodic insanity is alleged, then the condition at the time of marriage controls whether or not capacity to marry was present. A marriage will not be annulled if it was entered into while the party experienced a lucid interval.

3. Fraud.  If one of the parties was untruthful or misrepresented information for the purpose of inducing the other party into the marriage, then the marriage is voidable and may be annulled on grounds of fraud.

4. Lack of Consent or Duress.  If a person is compelled to marry another under threat of violence sufficient to overcome the mind and will of a person of ordinary mental firmness, then the marriage is voidable and may be annulled on the grounds that marriage is a voluntary, consensual relationship and compulsion to marry is involuntary and inconsistent with consent. Evidence of actual threats of serious violence is required.

5. Intoxication.  If either spouse was under the influence of drugs or alcohol at the time of the marriage, or the complaining party can show there was intoxication at the marriage ceremony to such a degree as to render that person incapable of knowing the nature of the marriage contract and its consequences, then the marriage is voidable.

6. Inability to Consummate the Marriage.  To obtain an annulment for impotency, the complaining party must prove that the other spouse was permanently and incurably impotent when the marriage was entered into, and that the impotence was not discovered until after the marriage took place.

7. Lack of Parental Consent for an Underage Marriage.  Most states have age requirements that must be met for legal consent to enter into a marriage contract. In Arizona, a child under the age of 18 has to have parental consent to marry. If an under-age person was able to obtain a marriage license without court approval or parental approval, then the marriage is voidable and may be annulled.

8. Bigamy. A person commits bigamy by entering into a marriage before the final dissolution of an earlier marriage. The law dictates that a person may only be married to one spouse at a time. Therefore, the bigamous marriage is voidable. A person who marries another knowing that his or her prior marriage has not been dissolved, however, may be guilty of a crime.

9. Incestuous marriage.  In general, all states prohibit marriages between parents and children, between grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, aunts and nephews, and first cousins. Such marriages are void.

10. Same-Sex Marriages.  Arizona does not recognize same-sex marriages which are void. However, same-sex marriages from another state are still subject to annulment.

11. Mock Marriages.  A mock marriage is voidable because it is entered into when both parties have no intention that the marriage should be binding. However, if the couple’s purpose was to accomplish a specific objective in agreeing to marry, such as legitimizing a child, then most courts will regard the marriage as valid and will not grant an annulment.

However, some of the grounds listed above a hard to prove and convincing a judge can be difficult.  If you are unable to convince a judge that you qualify then a judge can dismiss your case and make you start over again if you want your marriage dissolved.

If you are successful in getting your annulment granted both parties forfeit any rights that they enjoyed previously as “married” persons, including the right to marital property, to succession and inheritance, and to spousal maintenance (alimony).

The choice as to seek an annulment or a divorce is a difficult one.  A person should seek the advice of an attorney if they are looking to annul their marriage before proceeding.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Hiding Assets During a Divorce

"My husband and I have not been living together for two years now and he is filed for divorce.  The terms of the divorce in my opinion were not fair so I contested the case.  The court has demand that both of us list all assets, income, debts, and expenses.  He did not disclose that he has a vintage 1965 Ford Mustang that he bought last year.  Also I am sure he is hiding other assets and is not completely honest about his income.  Can he get in trouble for hiding this information from me and the court?  And what happens if he lies to the court?"

The short answer is yes.  It’s a legal requirement of all divorcing couples: Each spouse must openly and honestly disclose all assets (and income, expenses and debt). Unfortunately, though, it seems some people simply can’t resist the temptation to lie or cheat in order to keep at least a portion of those assets solely to themselves.

Many women are surprised to learn just how commonplace it is for husbands to hide assets from their wives. These men use a wide range of dirty tricks so they can:

• Hide, understate, or undervalue certain marital property,
• Overstate debts,
• Report lower than actual income, and/or
• Report higher than actual expenses.

Ultimately, a husband who is hiding assets is hoping to keep more marital property for himself while preventing his wife from getting the fair settlement she’s entitled to. This kind of behavior is illegal in many cases.

I’ve seen estranged husbands engage in these shady behaviors time and time again. In fact, according to the National Endowment for Financial Education, about one-third (31 percent) of US adults who combined assets with a spouse or partner say they have been deceptive about money, and women are more likely than men to say their partner or spouse lied to them about finances, debt, money earned (65 percent vs. 47 percent respectively).

As the NEFE outlines in this press release, the study also found that:

• Nearly three in five of those surveyed (58 percent) said they hid cash from their partner or spouse.
• More than half (54 percent) hid a minor purchase from their partner or spouse.
• An additional 30 percent hid a statement or a bill from their partner or spouse.
• 34 percent admitted they lied about finances, debt, money earned.

But, make no mistake about it: Lying during divorce proceedings is illegal.

In Arizona the rules of family court procedure ensure that when someone signs a court document they are swearing under oath that the contents of the document is true and correct to the best of their knowledge and belief.

When your husband signs an Affidavit of Financial Information–which is required in every contested divorce –he is swearing, under penalty of perjury, he is telling the truth about his finances and disclosing all assets, liabilities, income and expenses. (For instance, he must disclose the stock options he was granted by his employer even if no one specifically asked him if he had stock options.)
When someone lies under oath, he/she can face very serious consequences. Naturally, penalties vary from state to state (and from case to case), but in general terms, the law empowers the courts with a variety of different remedies for such blatant contempt of court. For instance, if your husband knowingly violates asset disclosure laws, a judge could order him to pay your attorney fees and/or fines. Or, he could be subject to a dismissal of his claims. In the most serious cases, your husband could even face incarceration.

In one case a family court judge ruled that a woman had violated state asset disclosure laws because she neglected to reveal she had won $1.3 million in the state lottery . . . just 11 days before she filed for divorce!

The judge in this case determined that the wife had acted out of fraud or malice, and as a result, he awarded all of the winnings to the ex-husband.

In a situation like this since Arizona is a community property state, the husband would have been entitled to receive half of the lottery fortune –if the wife had properly disclosed it. Instead, a judge could awarded every penny of the $1.3 million.

In another scenario, if a husband deliberately hid assets during his divorce’s primary trial period. When assets are discovered after the divorce is finalized, the court can reconsider the property division and awarded the wife all of the found assets.

Hiding assets is not only misguided, underhanded, deplorable it is completely illegal and should be reported immediately.


 For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.