Prescott Divorce Process

Ending a marriage is never easy. The emotional aspect of separation can be challenging on its own, not to mention the stress associated with the legal process of divorce.

Divorce is not something that you have to face alone. A dedicated divorce lawyer could help ease the burden of the legal separation process, acting as an advocate for you as you work through this transition in your life. Reach out today to learn more about how a legal professional could guide you through the Prescott divorce process.

Steps of the Divorce Process

In most cases, a Prescott divorce consists of the following steps.

Filing a Dissolution Petition

Arizona Revised Statute 25-312 lays out the necessary components to file for divorce. To begin the divorce process in Prescott, the interested party must file a dissolution petition with a court in the county where they were married. This petition should include:

  • The force behind a divorce case
  • Requests for alimony, if applicable
  • An estimated division of marital property
  • Proposed child custody and support
  • Estimated attorney’s fees

A skilled attorney could help an individual seeking divorce to gather the necessary evidence for a dissolution petition.

Responding to Dissolution Petitions

The party that files for a marriage dissolution must, upon the court’s willingness to see the proposal through, bring the applicable papers to their spouse. The state requires the receiving spouse to either agree to a petition’s terms or file an alternative petition within 20 to 30 days of having their papers served.

Spouses who fail to respond to divorce papers may face default judgment, at which point the court will proceed with the filer’s petition without consideration for the other party’s requests.

Pendente Lite Orders

Under Arizona Rev. Stat. §25-315(E), any parties with children or who find themselves in need of financial support may receive temporary orders while the court considers a petition and its response. These orders are known as “pendente lite” orders and ensure that children and other involved parties receive the financial support they need throughout a divorce hearing.


The discovery process of divorce proceedings in Prescott allows both parties involved in the divorce to gather evidence of why their marriage will not work. A skilled lawyer could collect this evidence on a party’s behalf in a local divorce case.

Attending Mediation

State judges require all parties seeking divorce to go through mediation prior to seeing their divorce through. During this process, the spouses may attempt to settle their case outside of court with the help of a mediator. Mediators do not give legally binding recommendations but rather propose settlement options that could benefit both parties. Couples that can agree on the division of property, child support, custody, and all other elements of dissolution through mediation could avoid going to trial entirely.

Going to Trial

Should mediation fail, the two involved parties will go to court. During a divorce hearing, both parties have the opportunity to present evidence of the dissolution of their relationship to an attending judge.

Awaiting a Decision

A judge will determine the division of property, required child support, child custody, and additional post-marriage standings based on the evidence presented during a divorce trial. According to Arizona Revised Statute 25-1064, discontent parties will have the opportunity to appeal a judge’s decision with a higher court.

While these steps may seem lengthy and complicated, a skilled Prescott attorney could walk an individual through the divorce process and ensure that their best interests are protected.

Reach out to a Prescott Attorney Today to Discuss the Divorce Process

If you are seeking an end to your marriage, having the support of a legal professional is vital. An experienced lawyer could walk you through the Prescott divorce process and ensure that all of your legal boxes are checked as you move on to the next chapter in your life. To learn more about what our skilled legal team could do for you and your family, call today.

Willison Law, PC

Willison Law, PC

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