The Process for Filing for Divorce

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The Process for Filing for Divorce

It can be a difficult and emotionally charged decision to decide to end your marriage, whether it's due to financial instability, infidelity, or simply because they have grown apart. No matter the reason, going through a divorce can be a difficult and emotionally charged process, along with the complexities of the legal system.

If you're filing for divorce in Arizona, The Law Offices of Michael D Miller Jr. is here to help walk you through what you can expect from the divorce process. If you're looking for a divorce attorney in Chandler with years of family law experience, look no further than Michael D Miller Jr. and his team. Contact The Law Offices of Michael D Miller Jr. to schedule a consultation today!

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File a Petition for Dissolution of Marriage With the Court

Once you've made the decision to get a divorce, you need to start the filing process with a petition for Dissolution of Marriage. This document starts the divorce proceedings and will include basic information about yourself, your spouse, and any minor children.

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Your Spouse Is Served

If you're the one filing for divorce, your spouse will be served with a copy of the petition and a summons. This gives them notice of the divorce proceedings and they'll have an opportunity to respond. If your spouse is the one filing for divorce, then you will receive a copy of the petition and summons that you can share with your divorce attorney.

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Attend Mediation

All divorce cases in Arizona require mediation. This is an opportunity for you and your spouse to try to reach an agreement on the terms of your divorce outside of court. If you're able to reach an agreement, you'll sign a settlement agreement that will be submitted to the court.

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Court Reviews the Settlement Agreement

The court will review the settlement agreement. If the court finds that the settlement agreement is fair and equitable, they will approve it and issue a divorce decree.

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Finalize Your Divorce

After the court grants you a divorce, you'll need to take care of a few final things to finalize your divorce. This includes changing your name on any legal documents, updating your will and beneficiaries, and getting new insurance.

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Other Things to Know

While the process for filing can be pretty straightforward, there are other factors that can complicate things. Some situations that could impact or slow down the divorce process include:

  • Requesting a Default Judgment: This happens when you or your spouse doesn't respond to the divorce petition. If you're the filing spouse, you can request a default judgment from the court, meaning that the court will grant you the divorce without your spouse having to participate.

  • Can't Locate Your Spouse: If you don't know where your spouse is, you can still get divorced. The court will allow you to serve your spouse by publication, which means that a notice of the divorce proceedings will be published in a newspaper.

  • You Have Children: If you have minor children, the divorce process can be more complicated. You and your spouse will need to come to an agreement on things like child custody, visitation, and child support.

  • Filed for Bankruptcy: If you or your spouse has filed for bankruptcy, the bankruptcy proceeding will need to be completed before the divorce can be finalized.

  • Spouse Is in the Military or Incarcerated: If your spouse is in the military, they have a different process for getting divorced. And if your spouse is incarcerated, they can still get divorced, but they will need to provide the court with an address where they can be served.
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Work With Our Divorce Attorney in Chandler!

While going through a divorce can be difficult, understanding the process can help make it a little less daunting. If you're considering filing for divorce in Arizona, contact The Law Offices of Michael D Miller Jr. to schedule a consultation today!