Scottsdale Uncontested Divorce Lawyers

Uncontested Divorce In Scottsdale, Arizona

In Scottsdale, Arizona, an uncontested divorce can also sometimes move forward by default. One party will file for divorce and the other party does not participate in the divorce process. Under these circumstances, the Arizona divorce by default moves forward and the party that filed attends a default hearing. The court then enters a divorce decree without the participation of the other party. In certain situations, we can offer a flat fee rate for uncontested divorces. So, contact the Canterbury Law Firm today to learn more.

There are vital issues needing to be considered for your uncontested divorce to meet the approval of the court. – primarily, whether the state of Arizona does or does not have personal jurisdiction over your spouse and children. The court will be unable to make property distributions or financial decisions in your case if there is no jurisdiction.

The Canterbury Law Group, located in Scottsdale, will guide you through the process of an uncontested divorce, ensuring your rights are fully protected. Our lawyers have decades of experience in a wide range of legal matters. We understand the law and guide you through the dissolution of marriage process in the most cost-effective way possible. Regardless of whether your divorce is uncontested, contested or settled by private mediated or collaborated agreement, Canterbury Law Group can help you.

Uncontested Divorce Process

Here you can learn more about the uncontested divorce process in Scottsdale.

Step 1. The Petitioner or person responsible for filing the divorce court case decides: 

How do I want to legally end this relationship? The choices are:

• Divorce.
• Annulment.
• Legal Separation.

Step 2:  Am I able to rationally communicate with my spouse to try and figure out an agreement about the terms of our divorce or legal separation?

• If possible, we can save on filing fees and time by having to go to court far less.
• We can work out our disagreements without the need of a judge by using a mediator.

Step 3. The petitioner (the person who will file) completes all the required forms or hires a law firm to complete them for the filing party.

Step 4. The Petitioner files their court forms.

• Take the forms to the courthouse and handing them to a court clerk who will then insert the forms in a file beginning the case. They will then stamp the photocopies as ‘filed.’
• Filing court forms involve a fee, usually $300 to $400 depending on the court.
• A fee waiver may apply if you cannot afford the court fees.

Step 5. A legal adult (18 and older) who is not involved in the case, formally serves the respondent, or other spouse, copies of the file-stamped court forms.

• When a lawsuit is filed the person being sued (the respondent) has a right to be notified about it to meet the requirements of the law.
• Known as “service of process,” this needs to be done with enough time for the respondent to go to court to tell the judge their side of the story before they make a decision.
• The person who served the copies to the respondent has to complete  a form called “proof of service” showing they have given the correct forms to the respondent in the correct manner.
• The petitioner will then file the proof of service form with the court clerk.

Step 6. The respondent decides how they would like to handle the divorce case

• The respondent decides if they wish to file a response with the court. If they do not, the judge can then decide how to end the marriage without ever hearing from the respondent.  This is called divorce by default.
• Alternatively, an agreement may be worked out with the petitioner about the terms of the divorce. If there is domestic violence in the relationship, please proceed differently it is best to seek further legal counsel before making a decision.

Step 7. If the respondent chooses to file a response, they need to complete the proper forms, and then file them with the court clerk.

• They will have 20 to 30 days to file their court divorce forms after being served the petitioner’s paperwork.
• The respondent will file the papers at court and will have to pay the filing fee.

Step 8. A legal adult (18 and older) who is not involved in the case, serves the petitioner a copy of the respondent’s responsive court forms.

• The person who served the court divorce forms completes a document known as a “proof of service” to show they have been given the correct forms in the right way.
• The respondent then files proof of service form with the court clerk.

Step 9. Each side will next exchange financial documents that declare what they own and owe. This process is called “preliminary declaration of disclosure”

• This disclosure of these documents serves the purpose of assisting both parties involved in the divorce divide their property and debt in an agreeable manner.

Step 10. The court approves and signs a Consent Decree of Default Judgment to let a couple become lawfully divorced or legally separated. The terms of the divorce are part of the judgment and is dependent on whether the respondent filed a response or whether the couple can reach a mutual agreement about the terms via a Consent Decree.

• Until at least two months after the case is filed, you cannot legally end your marital status especially as the respondent is served with a copy of the petitioner’s paperwork
• The divorce does not finalize on its own. One or maybe both sides will have to file additional paperwork before that transpires. Please follow all the steps to make sure your divorce is finalized in an effective and efficient manner.
• A couple may not have to go in front of a judge if they can reach an agreement regarding all their issues and simply submit a mutually signed and notarized Consent Decree to the Court for signature.
• If they cannot reach an agreement, they must go to court to come to an agreement about their issues, the judge will make the decisions for you, if agreements cannot be achieved.

See Also:

• The Uncontested Divorce Process
• How Much Does an Uncontested Divorce Cost?
• Divorce Without Court Appearance