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Overview Of The Divorce Process

May 16

An 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 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. 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 a Settlement

Except in circumstances of domestic violence, drug or alcohol addiction, child abuse, or those who may be hiding 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 decide.

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. 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 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 any questions about the divorce process?

Most people find divorce difficult. If you wish to dissolve your marriage or have been issued with a divorce petition, contact the Law Office of Daniel Hutto for assistance and guidance. 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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