With divorce rates as high as 45%, it is important to know the steps you need to follow for a smooth separation. Below is a guide that describes events in most divorce cases. Every divorce is unique; so, you should not hesitate to seek assistance and mediation from divorce attorneys.
Arizona allows divorce but the court sees you as a married couple until the court decides otherwise. Regardless of who will leave the house, a divorce attorney shall petition for a separation agreement. This is done to protect the interest of both parties and their children. The agreement lists all the legal responsibilities they must meet during the process. The petition also contains why do you plan to have a divorce. In most cases, people cite irreconcilable differences as their reason.
ISSUANCE OF TEMPORARY DIVORCE ORDER
A petition for divorce is then served to the other party and will be given thirty days to respond. Thereafter, the court issues a temporary divorce order which contains rules that are implemented until the conclusion of the final divorce hearing. This contains provisions such as alimonies to the other party and child custody. Note that this is legally binding and not following these may cost you fines or land you in jail.
This is where the court gathers information on both parties for their divorce. Below are the common steps that will likely be a part of your divorce case.
- Verifying Facts
- Subpoenaing documents for production
– Your attorney will request certain items from the other party and their attorneys will also do the same to you. This is usually listed and you are given thirty days to comply.
– The lawyers then send questions to both sides. Again, you are given thirty days to respond.
– This will be given in list format and is directed to the other party to the divorce. Once you received it, you are asked to admit or deny such facts written in the document.
– Here, documents like bank statements and statement of income are requested by attorneys. The other party is given thirty days to respond. However, this is where things get difficult as people do not like disclosing their personal information and delay tactics were employed to circumvent this step.
Attorneys will take testimonies from both parties and invite any witnesses involved. Again, anything you say here is admissible in court should the two of you fail to amicably settle your separation.
This is where Ronald A. Saper, P.C. excels at since both parties to the divorce and their legal representation discuss any conflicts they have. They will also try to come up with agreements that are beneficial to both of them. In this case, the mediator is an attorney appointed by the court and is there to negotiate the settlement. If both parties agree, the divorce process ends here.
SEEK OUR LEGAL HELP
Assuming there are unresolved conflicts or the parties fail to agree on matters concerning their divorce, a date for trial will be set. This can be a long and grueling fight as the court decides the best for the two of you. You can entrust this to Ronald A. Saper, P.C. as our team fights for your right.