Overview Of The Divorce Process
A Quick Guide To 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. Submitting a Dissolution Petition
The petition for dissolution is the initial step toward obtaining a divorce. People must file their dissolution applications 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 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. 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. 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. Keeping Your Children's Best Interests in Mind
If you and your spouse can't agree on child custody, the court will apply the elements described in A.R.S. 25-403's best interests of the child criterion to make a decision. Whether or not you go to trial on your child custody issues, 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.