An 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. Submitting a Dissolution Petition

The petition for dissolution is the initial step toward obtaining a divorce. People must file their dissolution applications 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. 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 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. 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 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 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. 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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