Scottsdale Uncontested Divorce Lawyers

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Scottsdale Uncontested Divorce Lawyers

The Canterbury Law Group should be your first choice for when you need the best Scottsdale uncontested divorce lawyers. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

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What Is An Uncontested Divorce?

According to Divorce Net, “An uncontested divorce basically means that both spouses agree on all of their divorce-related issues.” [1] If the couple agrees, the only thing remaining is hiring a lawyer to paper up the deal.  Before a divorcing couple can proceed with an uncontested divorce, every state has their very own specific legal requirements that must be met before moving forward. You can check out those requirements at your local courthouse or the professionals here at Canterbury Law Firm can help you navigate your paperwork, sometimes on a flat fee basis.

Despite having to meet certain mandatory legal requirements, an uncontested divorce is frequently a great deal easier and more cost efficient than a divorce which is contested because there is no need for constant negotiations between the spouses, lawyers, court hearings and other legal posturing. Hence, there are usually far lower legal fees and a lot less stress associated with an uncontested divorce.

Nonetheless, there must be amicability between divorcing spouses to work out resolutions that are mutually agreeable. Compromise will be the key in order to bring about a resolution to the sum of their divorce related issues. Although this may seem challenging it is one way to terminate your marriage without having a full-blown court battle.  It’s a way to know precisely the cost of ‘papering’ your divorce and the timing of its final resolution.

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 processes involved with uncontested divorce 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.

Scottsdale Service Area

We are a short drive from many Scottsdale Neighborhoods including: Old Town Scottsdale, Fashion Square, North Scottsdale, Cave Creek, McCormick Ranch, The Boulders, Scottsdale, Mission, Paradise Valley, Gainey Ranch, Shea-Scottsdale, Troon North, Grayhawk, South Scottsdale, DC Ranch and other areas.

Source

1. Nolo. “What Is a ‘Contested’ Divorce?” Www.divorcenet.com, Nolo, 13 Apr. 2013

Talk to Our Scottsdale Uncontested Divorce Attorneys Today

If you are searching for uncontested divorce lawyers in ScottsdaleCanterbury Law Group can help! We can protect and advise you regarding: Divorce and property division, child support, child custody, child visitation, marital home and real estate matters, retirement savings, pensions, investment allocations dividing personal possessions, valuables, vehicles, closely held businesses, practice valuations, alimony and spousal maintenance, and debt division. To find out how our uncontested divorce attorneys can help your matter, schedule your initial case evaluation today.