What is Divorce?

How Does a Divorce Work?

Every divorce begins with a divorce petition. A spouse, known as the petitioner, creates and serves the petition to the other party. Subsequently, the petition is filed in the state court in the county where one of the spouses resides. It doesn’t matter where the marriage took place. The petition comprises of important information in regard to the marriage. It includes the names of the husband, wife, and any children and details if there is any individual property or communal property, child custody, and child support or alimony.

Divorce Process – Serving the Divorce Petition

The divorce papers are required to be served to the other party. This step of the proceeding is called “service of process.” If each party agrees to the divorce, the other party is only required to sign an acceptance of the receipt of service. Nevertheless, if the other declines to sign or is challenging to get a hold of, you could hire a process server to personally deliver the divorce papers to them. Finishing service of process begins the countdown of your state’s waiting time. It also places automatic restraining orders on each spouse and helps determine the date of separation. At this stage, a prohibition is in place, preventing the spouses from taking any children out of state, selling property, borrowing against the property, or engaging in the sale or borrowing against insurance held by the other party.

Divorce Process – Petition Response

The other spouse, termed the “respondent,” may file a response to the divorce papers indicating agreement, even though it is not mandatory. By filing a response, it demonstrates both parties agree to the divorce. This makes it possible the case will progress devoid of a court hearing, that could hinder the process and be more expensive. Typically, if a response isn’t filed inside of 30 days, the petitioner may ask that the court enter a default. The responding spouse may also use the response to debate the details presented in the divorce papers.

Divorce Process – Final Steps of a Divorce

Each spouse must disclose details about their assets, debts, income, and expenditures. In the case of an uncontested divorce where the spouses agree on the conditions, they only need to file minimal additional paperwork. After the court issues a judgment, finalizing the divorce, the marriage remains formally intact, and the spouses cannot remarry until the state’s waiting period concludes. Disputes that cannot be resolved may necessitate a court hearing and a trial.


  1. The Divorce Process.Legalzoom.com, 19 Feb. 2019, www.legalzoom.com/knowledge/divorce/topic/divorce-process.

Speak with our Divorce Attorney in Phoenix & Scottsdale, AZ

Choose Moshier Law for the best divorce attorney in Phoenix. Our experienced family law attorney will work with you to secure the best outcome, advocating for your brightest future. Call 480-999-0800 for a free consultation. We provide comprehensive support in divorce, property division, child custody, support, legal guardianship, and more. Schedule an initial case evaluation to benefit from our network of Arizona professionals, including attorneys, tax specialists, financial planners, and therapists, ensuring a less exhausting divorce process while keeping you in control.

Divorce and Family Law

When a case necessitates litigation, you’ll benefit from 19 years of litigation experience in California and Arizona. However, if a case calls for collaborative law or mediation, we can provide meaningful insights into why these options may or may not be your best choice.

Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind. Call us today! 480-999-0800 Schedule A Consultation


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Divorce and Family Law

When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, we can meaningfully describe why collaborative law or mediation may or may not be your best option.

Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind.

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