A Quick Guide To The Divorce Process
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 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. 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. 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 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. 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.