A Quick Guide To 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 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 Proceedings

If you and your spouse are unable to reach an agreement, your divorce case will proceed to trial. You will each have the ability 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 will be subjected to 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 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 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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