Uncontested Divorce
An uncontested divorce is when you and your spouse agree on everything. Uncontested divorces are fast, inexpensive and usually pretty simple.
An uncontested divorce might be right for you if the following is true You and your spouse agree on:
- dividing assets like real estate and bank accounts
- dividing debt like credit cards and auto loans
- child support
- child custody and parenting time
- alimony or spousal support
An uncontested divorce means a judge is not required to make decisions about your case. You and your spouse have already agreed on everything!
After one spouse starts the uncontested divorce process there is a sixty-day waiting period. The sixty-day period is a “cool-off” period in order to make sure the person who filed is serious. After the waiting period, a consent decree is filed with the court. A judge will review the consent decree and sign it. Once the consent decree is signed by the judge the divorce is official.
Consent decrees used in uncontested divorce cases have simple requirements most people easily meet. You can file a consent decree with the court if you do not have a covenant marriage and:
-
- You and your spouse agree to divorce and agree on the following:
-
- Dividing assets and debts
- Alimony or spousal support
- Child support and child custody
-
You and your spouse provide notarized signatures on the consent decree
If either spouse disagrees on any terms, an uncontested divorce is not possible.
Consent decrees can only be filed sixty-days after the initial filing. The initial filing is called a petition and it must be served on the other spouse. If you are filing your spouse gets served. If your spouse files you get served. In uncontested divorces it does not matter who files.
After the consent decree is filed it takes a couple weeks for the judge to sign and then you are officially divorced!
If you and your spouse cannot agree on everything it takes much longer to get divorced. Contested divorces normally take at least six months and some take much longer.
The requirements for filing for uncontested divorce are pretty simple. First, you or your spouse must live in Arizona for at least ninety-days before you can file for divorce. Do not file for divorce until you or your spouse has lived in Arizona for at least ninety-days.
If you and your spouse have minor children in common, then your children must have lived in Arizona for at least the past six months prior to filing for divorce. Arizona must be your minor children’s primary state of residence. If you are unsure if your children meet the legal requirement for living in Arizona, speak with a family law attorney before you file for divorce.
Arizona is a no-fault state. Neither spouse has to prove the other spouse was “at-fault” or did something negative to cause the divorce. Not meeting these simple requirements can negatively affect your case.
Maricopa county makes it fairly simple to file for uncontested divorce. Because Arizona is a no-fault state, it makes it much easier to file. Neither person must prove a reason for the divorce. It can simply be because one spouse believes the marriage is “irretrievably broken.”
The court provides forms for people who cannot afford an attorney to attempt to do it themselves. Uncontested divorces are generally low-cost and affordable for almost everyone. Hiring a family law attorney can help you with your uncontested divorce and make sure the job gets done right the first time.
Most divorce cases are uncontested, but only because family law attorneys help people agree on co-parenting, child support, finances, and property. If you and your partner are having difficulties coming to an agreement, consulting with a family law attorney may give you an advantage in settling with them. A family law attorney can help you create a fair agreement everyone can live with.
Even if you feel that you and your partner have no issues, you should still consult with a family law attorney. There may be legal issues you or your spouse did not think of. That can make your case take longer than necessary, or even prevent you from getting assets you wanted.
A family law attorney will make sure the documents you submit to the court are complete and accurate. If false information is filed with the court, the case can be appealed or the court may take action on its own.
Many people can and do perform their own uncontested divorces. Even still, consulting with a family law attorney prior to filing any documents with the court is advised. Having a family law attorney draft and file your petition and consent decree will minimize stress, confusion, and limit unexpected issues in the future.
Uncontested Divorce in Maricopa County
Maricopa county makes it fairly simple to file for uncontested divorce. Because Arizona is a no-fault state, it makes it much easier to file. Neither person must prove a reason for the divorce. It can simply be because one spouse believes the marriage is “irretrievably broken.”
The court provides forms for people who cannot afford an attorney to attempt to do it themselves. Uncontested divorces are generally low-cost and affordable for almost everyone. Hiring a family law attorney can help you with your uncontested divorce and make sure the job gets done right the first time.
Most divorce cases are uncontested, but only because family law attorneys help people agree on co-parenting, child support, finances, and property. If you and your partner are having difficulties coming to an agreement, consulting with a family law attorney may give you an advantage in settling with them. A family law attorney can help you create a fair agreement everyone can live with.
Even if you feel that you and your partner have no issues, you should still consult with a family law attorney. There may be legal issues you or your spouse did not think of. That can make your case take longer than necessary, or even prevent you from getting assets you wanted.
A family law attorney will make sure the documents you submit to the court are complete and accurate. If false information is filed with the court, the case can be appealed or the court may take action on its own.
Many people can and do perform their own uncontested divorces. Even still, consulting with a family law attorney prior to filing any documents with the court is advised. Having a family law attorney draft and file your petition and consent decree will minimize stress, confusion, and limit unexpected issues in the future.