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. Dissolution Petition

The petition for dissolution is the initial step in getting a divorce. People must file their applications for dissolution with the court that has jurisdiction over 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 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. 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. 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 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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