Table of Contents
JENNIFER MOSHIER: Hi, I’m Jennifer Moshier. I’m the founder of Moshier Law in Scottsdale, Arizona. So one common question I’ve already covered is: How long can your divorce take? (Steps of a Divorce)
Now let’s talk about the Divorce Steps. This is important for different reasons. You have to file a petition to either begin in a legal separation or a divorce, also called a dissolution. A legal separation or a divorce is initiated by filing a petition for dissolution or a petition for legal separation.
Converting Legal Separation to Divorce: Key Considerations and Serving the Other Party
Something to note is that a legal separation can later be converted to a divorce by agreement or by one person. What I often tell people is, “I can guarantee that you can get a divorce. I just can’t guarantee how long it’ll take.” And we covered that in a previous video. However, once you file that petition for dissolution or legal separation, you have to serve the other party with that.
Now, if you’re using collaborative process, this is going to be a piece of cake. It takes a few minutes. The other attorney will sign an acceptance of service. If you’re not using the collaborative process but you are friendly enough or at least cooperative enough that the two of you can sit down and sign an acceptance and a waiver of service, you waive the “right” to be served. I use that term in quotes because the right to be served often can mean that a process server knocks, knocks, knocks on your door while you’re having dinner, hands you legal papers, and says, “Are you so-and-so? You’ve been served.” And you then are notified at that point. “Oh my goodness, I am suddenly going through a legal action.”
Navigating the Emotional Challenges of Legal Proceedings
Facing a challenging time like divorce can be upsetting. To minimize conflict, coordinate service details with the other person.
When responding to a legal separation or dissolution petition, file within 20 days (in-state) or 30 days (out-of-state). Always check local rules for accuracy; this is general legal information, not advice.
Filing a response initiates the divorce steps process. The court schedules an initial hearing in Arizona, providing an opportunity to address issues. Unrepresented individuals attend an early resolution conference, presenting their side for potential agreement.
Agreements may arise at this early conference. If represented, your attorney arranges a resolution-management conference set by the court. Navigate the divorce steps with care to ensure a smoother process.
Divorce Steps Phoenix and Scottsdale, Arizona
Initial Consultation: Seek advice from a family law attorney to understand your rights, options, and the divorce process in Phoenix or Scottsdale.
Filing Petition: File a divorce petition, outlining your grounds for divorce and initial requests regarding issues like child custody and property division.
Legal Response: Your spouse responds to the petition, either agreeing or contesting the terms. This sets the stage for negotiations or court proceedings.
Temporary Orders: Request temporary orders for child custody, support, and spousal maintenance during the divorce process.
Discovery Process: Exchange information and documents related to assets, debts, and other relevant matters to ensure transparency.
Negotiation/Mediation: Attempt to reach agreements on key issues through negotiation or mediation, facilitated by legal professionals.
Court Filings: Formalize agreements in court documents, including the final divorce decree and any settlement agreements.
Court Hearings: Attend court hearings if disputes persist, allowing a judge to make decisions on unresolved issues.
Final Decree: Once all issues are resolved, obtain a final divorce decree, officially ending the marriage.
Post-Divorce Matters: Address any post-divorce matters, such as enforcement of court orders or modifications if circumstances change.
Take the First Step Towards Resolving Your Legal Matters!
Call Moshier Law today at 480-999-0800 to schedule a complimentary 15-minute consultation. Our dedicated team is ready to provide insights and guidance tailored to your specific situation. Don’t hesitate – let’s work together to address your legal needs effectively.
