A Quick Guide To The Divorce Process
Overview Of The Divorce Process
The divorce lawyers at the Law Office of Daniel Hutto can help you understand and navigate the divorce process. From beginning to end, here is a breakdown of the 9 phases of a divorce.
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 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. 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. 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. 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. 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 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.