Understanding the divorce process can help you understand if it’s the best idea for you and your partner. Each relationship is different, which makes each divorce dissimilar. What might work for one person won’t necessarily work for someone else. For example, if your friend went through the mediation process and you’d like to do that for your divorce, it might not be the best idea because you have a different type of relationship, assets, and possible children to think about.
It’s vital that you speak to a divorce lawyer that understands each case is different and that’s what you can expect at The Law Office Of Ronald Kossack. We’ll work with you to ensure that not only do you understand the divorce process, but also what the best option is for you and your family. If you’d like to work with a divorce lawyer who will go to bat for you, then contact us today.
A Step-By-Step Guide To Getting To Divorced In Arizona
In the state of Arizona, it’s imperative that you understand the divorce process. All states have similarities when it comes to divorce, but there are quite a few differences as well. If you live in the state of Arizona and you’re preparing for divorce, then contact a divorce lawyer to go over your options. It’s vital that you work with a divorce lawyer during this time because he or she will help you further understand the process and what you need to do as you file for a divorce. While each divorce is different, this step-by-step guide will give you a good idea of what you should expect when you get divorced in Arizona.
The first step in a divorce is the petition. The petition is a document that will let the court know as well as your spouse, when served, that you’d like to end the marriage. This petition will have a list of what you’re asking for in the divorce. For example, if you have children, then you’ll include child custody, visitation, and support. You can also include alimony, attorney’s fees and cost, as well as property division in the petition.
Once the petition has been served, then it’s time for your spouse to step in and he or she is entitled to file the opposing papers. If you were the one who was served with the petition, then you have 20 days to respond as the Respondent if you live in state. If you live out of state, then you have 30 days. If you don’t respond, then you are forfeiting your rights to tell your side of the case in court. If this is the case, then the court will give your spouse everything he or she asked for in the petition. If the court only hears from one spouse, then it’s considered to be a default divorce.
The Temporary Orders
If a case is pending, then there are a set of rules called temporary orders or pendente lite orders. Either you or your partner may ask the court for temporary orders. These temporary orders can state who will stay in the house, who is responsible for caring for the children, who will be paying bills, etc. This helps to move things along during the pending process. Additionally, both spouses need to agree on the arrangements while the divorce case is going through the court. It’s best to do it this way because instead of incurring additional legal fees or letting the negative feelings be drawn out, the temporary orders will help to set up some arrangements while the case is pending. In the state of Arizona, if you and your spouse have children, then the court will create temporary orders as the divorce is filed and one of the spouses is served. The temporary orders process can take months to process, if the spouses don’t do it themselves and file it with the court.
In the state of Arizona, both spouses are entitled to know the information about the case. If you’d like to obtain the information, then it’s called a discovery. The discovery is a way to legally obtain the information. Getting the discovery varies on each case. Sometimes, it can be simple and speedy; other times, it can be time consuming. The reason that a discovery can take so long is because of the length of the marriage, value of the estate, or the size of the estate.
Additionally, there are three different discovery procedures or discovery devices. The divorce lawyer will put in the necessary information; however, you’ll need to include your input to get the discovery. The three ways to get a discovery are: interrogatories, deposition, and request for production.
The Negotiated Settlement
A negotiated settlement tends to be the last step in the process since many divorce lawyers suggest resolving the divorce case in an agreement instead of going to trial. A negotiated settlement includes each spouse crafting their agreement about the divorce. A negotiated settlement is a way to ensure that you and your spouse have the necessary privacy you’d like as well as control. When you don’t got to trial, you’d likely to come up with your own agreements instead of being ordered by a judge to do something. When you decide to voluntarily comply with the divorce and the agreement, you don’t have to feel enforced to do anything.
Additionally, a negotiated settlement will help you save money since going to trial can be expensive and time consuming. To help you have a smoother divorce, a negotiated settlement can be the most beneficial way to go. In the state of Arizona, a judge may order you to go to a mediation, which can help to settle any lingering issues about the dissolution of the marriage. It’s best to talk to a divorce lawyer about negotiated settlements since it might be more beneficial to reject the settlement proposal since settling or not selling is up to you.
(Optional) The Trial
As we mentioned above, a trial can be the last step in settling a divorce case where neither you or your spouse wants to agree. If you and your partner can’t come to an agreement, then a trial can be the best case scenario because you’ll both be able to tell your story and the judge will help the process along. A trial can be an unpleasant experience as well as an expensive one. However, it can be the best case scenario to end a marriage that has a myriad of unreasonable settlement demands. Trials are a risky choice because a divorce lawyer can’t predict the outcome and a judge who doesn’t know your point of view or the values you hold near and dear can make the decision that will dictate who takes care of the children and how the estate is divided. Additionally, a trial isn’t always the end of all or be, especially if one spouse is unhappy since he or she can decide to appeal to take it to a higher court, which adds more time and lengthens the divorce process.
Keep in mind that if you have children, there will be added steps. This is just a brief overview of what you can expect for the most basic cases. Each divorce is different and will be treated as such by the divorce lawyer at The Law Office Of Ronald Kossack. The best idea for you and your family is to sit down and discuss your options with a divorce lawyer because every situation is different.
When it comes to having children, there are custody issues involved and possible alimony. A divorce lawyer will walk you through your own personal situation since each divorce is case-by-case. You can also discuss other options that you may not even have considered such as mediation. To sit down with a lawyer who will provide you with the information and resources you need for your specific situation, contact The Law Offices Of Ronald Kossack.