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 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. Orders that are only in effect for a certain timeWhen filing divorce petitions under A.R.S. 25-315, some people will want temporary orders or preliminary injunctions. Both parties, including the responders, can request temporary orders. While the divorce is still proceeding, these orders outline the rules for how various matters 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. 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. Child Custody and Divorce

If you and your spouse have minor children, you must submit a petition for dissolution with minor children. You and your husband will need to work up a parenting plan in this type of divorce. If you can't agree, you'll each 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 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 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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