A Quick Guide To The Divorce Process
An Overview Of The Divorce Process
The divorce lawyers at the Law Office of Daniel Hutto can help you understand and navigate the divorce process. From beginning to end, here is a breakdown of the 9 phases of a divorce.
1. Dissolution Petition
The petition for dissolution is the initial step in getting a divorce. People must file their applications for dissolution with the court that has jurisdiction over the case, according to A.R.S. 25-311.
2. Process Service and the Reaction
The court will send you a notice and summons to answer after you've filed your petition and accompanying documents. You must serve your spouse with copies of the petition, summons, and any other legal documents you have filed in the case. Your spouse will be referred to as the respondent, and you will be referred to as the petitioner. To serve your spouse, you can hire a private process server or use the sheriff's department.
3. Interim Orders
People will sometimes file requests for temporary orders or preliminary injunctions at the same time they file divorce petitions under A.R.S. 25-315. Temporary orders can be requested by either party, including the respondents. While the divorce is still pending, these orders lay out the groundwork for how various issues will be handled.
4. The Investigation Process
The divorce case will enter the discovery phase when the petition and response have been submitted. You and your spouse are both entitled to information about your assets and other essential aspects of your case from each other.
5. Reaching an Agreement
Except in circumstances involving domestic violence, drug or alcohol misuse, child abuse, or those who may be hiding assets, it is frequently preferable to try to settle a divorce dispute through negotiation. People who are able to negotiate divorce settlements are often happier than those who rely on the judge's decision.
6. Divorce Case
If you and your spouse are unable to reach an agreement, your divorce case will go to a divorce trial. Each of you will have the opportunity to present evidence, call witnesses, give testimony, and submit exhibits at your trial. You and your spouse will almost certainly be called to testify and face cross-examination by the opposing counsel.
7. Child Custody and Divorce
If you and your spouse have minor children, you must submit a petition for dissolution with minor children. You and your husband will need to work up a parenting plan in this type of divorce. If you can't agree, you'll each have to submit a parenting plan to the court.
8. Child Support Calculation
Child support is another problem that will come up in a divorce involving children in Arizona. Both parents are obligated to contribute financially to their child's upbringing under A.R.S. 25-501. Courts in Arizona can use child support standards to determine how much money to order. This can make the amount of child support you pay or receive more predictable.
9. Considering Your Kids' Best Interests
If you and your spouse are unable to reach an agreement on child custody, the court will apply the factors described in A.R.S. 25-403 to make a decision. Whether or not you go to trial over child custody, you should act in a way that minimizes emotional injury to your children during and after the divorce.
Do you have any concerns about the divorce procedure?
Most people find getting divorced difficult. Contact the Law Office of Daniel Hutto for assistance and guidance if you wish to end your marriage or have been served with a petition for divorce. Call us today at (602) 536-7878 for a one-on-one consultation with one of our experience family law attorneys.