Uncontested Divorce in Arizona

What is an uncontested divorce and how do you do an uncontested divorce in Arizona? To put it simply, an uncontested divorce is one in which the divorcing couple agrees on the terms of the their dissolution of marriage. The time required is drastically decreased in comparison to other divorces in which terms are contested. This means they are far less costly.


How to Get an Uncontested Divorce in Arizona

Be aware of the process. For an uncontested divorce to take place, both divorcing parties must be in agreement on the terms of the divorce. If you and your divorcing spouse do not agree on issues related to the divorce, do not expect anyone to be able to assist you in completing an uncontested divorce. Agreement on the terms of the divorce is the very first, and very nonnegotiable, step in the process of obtaining an uncontested divorce.

Remember – Arizona state law upholds a requirement that divorcing parties wait through the 60-day waiting period beginning on the date of service before they can receive their final divorce decree. This is another nonnegotiable element of an uncontested divorce in Arizona.

Both types of uncontested divorce, default and consent, start the same way. They begin with an initial filing of the documents that will begin the dissolution process. Your petition for divorce advises the Court that you are seeking a divorce and what terms you seek along with it. This will include references to desired division of property/debt, spousal maintenance terms, legal decision making and parenting time, child support, etc. The individual that initiates the process will be referred to as the Petitioner throughout the remainder of the process.

How the case continues will depend upon the details of your case. Are there children involved? Does the respondent actually respond to the filing? Will there be spousal support? Should child support be an issue in the proceedings? Are there marital assets held jointly in both names? Every marriage is different – making every divorce different.

To discuss your case with an experienced Arizona divorce attorney, get in touch with the family law lawyers at Hildebrand Law today. We are ready to answer your questions and familiarize you with the Arizona divorce process.