Uncontested Divorce Lawyer for Phoenix, Scottsdale, Tempe & Mesa

An uncontested divorce is a type of divorce in which both spouses agree on all of the issues relating to their divorce, including property division, spousal support, child custody, and child support.

In an uncontested divorce, the spouses file a joint petition for divorce with the court, which includes a settlement agreement outlining how they will divide property and address any issues related to child custody and support. An Arizona judge will then review the agreement to ensure that it is fair and reasonable, and if everything is in order, the court will grant the divorce without need for a trial.

Uncontested divorces in Arizona are typically less expensive and time-consuming than contentious divorce proceedings, in which the parties do not agree of all of the issues and must go through a more involved legal process to reach a resolution. However, it is critical to note that an uncontested dissolution may not always be possible, especially if there are complex issues involved or if the spouses are unable to reach an agreement on particular issues.

As an experienced divorce attorney serving Phoenix, Scottsdale, and the surrounding communities (including Glendale, Anthem, Goodyear, Surprise, Sun City, Tempe, Fountain Hills, Peoria, Chandler, Gilbert, Queen Creek, Tolleson, Avondale, Litchfield Park, Maryvale, Apache Junction, and any other location in or near Maricopa County), I stand ready to help clients expeditious resolve uncontested divorces.

In Arizona, to file for an uncontested divorce, the following requirements must be met:

• At least one spouse must have lived in Arizona for at least 90 days prior to filing for divorce.
• Grounds for Divorce. Arizona is a no-fault divorce state, meaning that neither party must prove that the other spouse did something wrong. The only grounds for divorce in Arizona is that a marriage is irretrievably broken with no reasonable chance of reconciliation.
• Both spouses must agree on all issues related to a divorce, including property division, child and support (if applicable), and spousal support (if any).
• Property Division. The parties must have a plan for how debts and property will be divided.
• Parenting Plan. If the spouses have children, they must have a parenting plan in place that outlines how they will share custody and visitation, as well as how important decisions regarding a child’s upbringing will be made.

As an experienced divorce attorney focusing on men’s rights representation, I can listen to the facts of your case and provide guidance as to whether you may qualify to pursue an uncontested dissolution of your marriage.

The procedure for initiating an uncontested divorce is the same as with other divorces.  The petitioner (the filing party) must file the Summons and Petition for Dissolution of Marriage, and other related documents, with the court and formally deliver, or “serve,” them to respondent (the other party).

The respondent is required to file with the court and serve the petitioner, within a specified time, a response to the petition. Even though a respondent agrees with a dissolution, he or she should still file a response to preserve his or her legal rights.

Once the documents have been served, the parties are required to wait at least sixty days before submitting to the court a notarized Consent Decree executed by both parties.[1]  If children are involved, the court also requires the petitioner and respondent to attend a Parenting Information Program.  The Consent Decree must be complete and accurate – otherwise, the court is likely to reject it, thus delaying the process. The court has discretion to sign the Consent Decree and finalize your dissolution, or to schedule a hearing first.

[1] Consent Decree, Superior Court of Maricopa County, https://superiorcourt.maricopa.gov/media/2274/dr7z.pdf.

If an individual is served with divorce papers in Arizona and fails to file a response or answer within the time frame required by law, which is typically 20 or 30 days (depending on the method and location of service of process), the court may enter a default judgment against the party. This means that the court may grant the other spouse’s request for divorce and any other relief they are seeking, such as property division, spousal support, child custody, and child support, without the other spouse’s input or agreement.

If a default judgment is entered, you may lose important legal rights and privileges that you would have otherwise been entitled to protect, such as the rights to participate in the dissolution proceedings and to object to terms in the proposed divorce settlement. Thus, if you have been served with divorce papers in Arizona and are unable to file a timely response, it is vital to seek the assistance of an experienced uncontested divorce attorney who can help you understand your legal options and protect your rights.

The length of time it takes to complete an uncontested divorce in Arizona can vary depending on a number of factors, such as how quickly the parties are able to reach an agreement on all issues, how expeditiously the necessary paperwork is filed, and how busy the court is.

Generally, an uncontested dissolution can take anywhere from several weeks to several months to complete. Arizona requires a minimum waiting period of 60 days from the date of service or acceptance of service of the divorce papers before a divorce can be finalized.[1] After this period, the court will review the paperwork and, if everything is in order, issue a final divorce decree.

It is critical to understand that the length of time it takes to complete an uncontested divorce can vary depending on the specific circumstances of each case. If there are complicated issues involved, such as high-value assets, child custody, or support disputes, it is advisable to consult with an experienced divorce attorney before agreeing to the terms of a dissolution.

[1] Divorce Proceedings, The Judicial Branch of Arizona – Maricopa County, https://superiorcourt.maricopa.gov/family/divorce-proceedings/#:~:text=In%20Arizona%2C%20the%20legal%20name,can%20proceed%20with%20a%20divorce.

Uncontested dissolutions are typically smoother and more cost-efficient than contested dissolutions.  However, you should still consult a knowledgeable and reputable uncontested divorce lawyer to protect your legal interests and ensure you are receiving a fair and favorable settlement.  As a divorce attorney who has been handling uncontested divorces for over two decades, I can ensure all the necessary documents are accurately prepared, filed with the court, and served on the other party to expedite your uncontested dissolution.