A Quick Guide To The Divorce Process
A Quick Guide To The Divorce Process
The divorce attorneys at the Law Office of Daniel Hutto can help you understand and navigate the divorce process. From start to finish, here's a rundown of the 9 phases of a divorce.
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 Procedure
The divorce case will proceed to the discovery phase when the petition and response have been submitted. You and your spouse have the right to receive 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 Issues and Divorces with Children
You must submit a petition for dissolution with minor children if your divorce involves child custody concerns for the minor children you share with your husband. You and your husband will need to try to work out a parenting plan in this type of divorce. If you can't come to an agreement, you'll both have to submit a parenting plan to the court.
8. Child Support Determination
Child support is another problem that will come up in a divorce in Arizona involving children. Both parents are required to pay financially to their child's upbringing under A.R.S. 25-501. Courts in Arizona can use child support standards to calculate the amount of support to order. This can make the amount of child support you may be required to pay or receive more predictable.
9. Considering Your Children's Best Interests
If you and your spouse cannot agree on child custody, the court will consider the reasons mentioned in A.R.S. 25-403. 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 your divorce.
Do You Have Divorce-Related Questions?
Divorce is a difficult process for most people. Contact the Law Office of Daniel Hutto for assistance and guidance if you wish to dissolve your marriage or have been issued with a divorce petition. Call us today at (602) 536-7878 for a one-on-one consultation with one of our experience family law attorneys.