Written by Canterbury Law Group

The Uncontested Divorce Process

The Uncontested Divorce Process

In Arizona you have the option for an “uncontested divorce.” Although a divorce is difficult for everyone concerned, an uncontested divorce offers the option to avoid circular arguments between the parties, a great deal of money spent and countless trips to a court. Especially, in situations when both parties can come to agreements on the outstanding issues needed to terminate the marriage. Read on to learn more.

The first order of business is to file a petition for a divorce. The forms differ depending on the county you reside in, but the Superior Court where you are going to file can be contacted for the correct forms. The party who does the filing is known as the petitioner and the other party is called the respondent. The petition needs to include the following:

  • Basic information regarding both parties and your child or children.
  • The agreements you have reached regarding debt and property.
  • Custody of the child or children.
  • Support of the child or children.
  • Visitation arrangements.

Once the petition has been filed and the payment fees made, there are two options, you can get divorced either by:

  • Divorce by default.
  • Consent decree.

Divorce By Default

Once the petition has been filed the copy of the petition must be served to the respondent. They have twenty days if they are in Arizona (thirty days if they are outside the state) to respond. If there is no response within this time limit, a default can be requested. As everything has already been agreed, the agreement will be ratified and following a sixty-day waiting period – the divorce order will be issued by the judge. The granting of the divorce by the court is known as a Default Decree of Dissolution of Marriage. The other party must be served with this decree within three days of receipt of the document. Both parties, in front of a notary, sign the consent degree, and then it must be filed at the clerk’s office.

Divorce By Consent Degree

Firstly, the papers must be filed, and the other party served as we mentioned above. Following a wait of sixty days from when the party has been served, both parties are required to jointly file a Consent Decree of Dissolution of Marriage. This sets out agreements regarding the following:

  • Basic information regarding both parties and your child or children.
  • The agreements you have reached regarding debt and property.
  • Custody of the child or children.
  • Support of the child or children.
  • Visitation arrangements.

This decree needs to be signed by both parties and witnessed by a notary and then file it at the clerk’s office. Once the judge has reviewed the document and signed it, it will become what is known as an order of the court. If both parties have had a child or children together, both parties will have to go to a parent education class once the petition has been filed but before the decree has been entered.

Source: Krause, Beth A. T. “Uncontested Divorce in Arizona.” Www.divorcenet.com, Nolo, 2 Dec. 2013, www.divorcenet.com/resources/uncontested-divorce-arizona.html.

Need a Divorce Lawyer in Scottsdale or Phoenix?

As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-240-0040 or [email protected]. Our family lawyers can also help with divorce litigation, child custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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