An Overview Of 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 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. h2>3. Temporary InjunctionsPeople may request temporary orders or preliminary injunctions when filing divorce petitions under A.R.S. 25-315. Temporary orders can be requested by either party, including responders. These orders spell out how various issues will be addressed while the divorce is proceeding.

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 Proceedings

If you and your spouse are unable to reach an agreement, your divorce case will proceed to trial. You will each have the ability 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 will be subjected to 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 factor to consider in a divorce in Arizona involving children. Both parents are required to financially contribute to their child's upbringing under A.R.S. 25-501. Child support guidelines exist in Arizona for judges to utilize when deciding how much money to order. This can make the amount of child support you owe 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 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.

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