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. 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 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. 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 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 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 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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