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An Overview Of The Divorce Process

May 16

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. 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 Serving and Reaction

The court will send you a notice and summons to answer when you submit your petition and other papers. You must serve your spouse with copies of the petition, summons, and any other legal documents filed in the case. Your spouse will be referred to as the respondent and you as the petitioner. You have the option of hiring a private process server or having your spouse served by 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 Process of Discovery

The divorce case will proceed to the discovery stage after the petition and response have been submitted. You and your spouse both have the right to receive information about your assets and other essential aspects of your case from each other.

5. Agreeing on cheval

Except in circumstances of domestic violence, drug or alcohol addiction, child abuse, or those who may be concealing assets, it is frequently preferable to try to settle a divorce dispute by negotiation. People who successfully negotiate divorce settlements are often happier than those who let the judge make the decisions.

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. 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 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 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.

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