An 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. 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 Process

The divorce case will enter the discovery phase when the petition and response have been submitted. You and your spouse are both entitled to 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 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 Issues and Divorces with Children

You must submit a petition for dissolution with minor children if your divorce involves child custody concerns for the minor children you share with your husband. You and your husband will need to try to work out a parenting plan in this type of divorce. If you can't come to an agreement, you'll both have to submit a parenting plan to the court.

8. Child Support Determination

Child support is another problem that will come up in a divorce in Arizona involving children. Both parents are required to pay financially to their child's upbringing under A.R.S. 25-501. Courts in Arizona can use child support standards to calculate the amount of support to order. This can make the amount of child support you may be required to pay or receive more predictable.

9. Keeping Your Children's Best Interests in Mind

If you and your spouse can't agree on child custody, the court will apply the elements described in A.R.S. 25-403's best interests of the child criterion to make a decision. Whether or not you go to trial on your child custody issues, you should act in a way that minimizes emotional injury to your children during and after your 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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