An Overview Of The Divorce Process
Overview Of The Divorce Process
The attorneys at the Law Office of Daniel Hutto can assist you in navigating the divorce process and demystifying it. Here's a rundown of the 9 phases of a divorce, from start to finish.
1. Filing the Dissolution Petition
When you wish to acquire a divorce, the first step is to file a petition for dissolution. People must file their applications for dissolution with the court that has jurisdiction to hear the case, according to A.R.S. 25-311.
2. Process Service and Response
The court will send you a notice and summons to answer after you have filed your petition and accompanying documents. You must serve your spouse with copies of the petition, summons, and any other legal documents you've filed in the case. The petitioner will be you, and the respondent will be your spouse. To serve your spouse, you can either 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. Trial of Divorce
Your divorce case will move to a divorce trial if you and your spouse are unable to reach an agreement. Each of you will have the chance to present evidence, call witnesses, testify, and submit exhibits at your trial. You and your spouse will almost certainly be called to testify and cross-examined by the opposing attorney.
7. Custody Issues in Divorces with Children
You will need to file a petition for dissolution with minor children if your divorce may involve child custody concerns for the minor children you share with your husband. You and your husband must try to work out a parenting plan in this type of divorce. If you can't agree, you'll both 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 questions about the divorce process?
Most people find divorce difficult. If you wish to dissolve your marriage or have been issued with a divorce petition, contact the Law Office of Daniel Hutto for assistance and guidance. Call us today at (602) 536-7878 for a one-on-one consultation with one of our experience family law attorneys.