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Find out if you are eligible for an uncontested divorce in Arizona.
A divorce is a challenging process to go through. No one likes it, but divorce doesn’t have to mean constant arguing, tons of court trips, costly fees, and court costs, etc. If you each can agree on each issue needed to end your marriage, in Arizona, you can file for what is called an “uncontested” divorce.
This post breaks down what exactly an uncontested divorce is and how to obtain one. If there are still questions you have about an uncontested divorce after reading this post, it’s a good idea to speak with an experienced Arizona divorce lawyer to help answer some of them.
Uncontested Divorce in Arizona
In a lot of states, there are two types of divorce: contested divorce and uncontested divorce. In a “contested” divorce you each cannot agree on something needed to get a divorce. As an example, perhaps your spouse doesn’t want a divorce, or maybe you each cannot come to an agreement on how to divide assets. If you each disagree about one single matter, that will be a contested divorce.
A contested divorce requires a trial for a judge to find a resolution about the matters you cannot come to an agreement on. You are each required to have your own attorneys, there will be several court visits, and the divorce process usually is very costly and time-consuming.
On the other hand, in an “uncontested” divorce you each agree to end the marriage. Also, you agree about the division of debt and property, and if one of you will be paying alimony and how much the amount will be.
If there are children involved, you are each required to come to an agreement about visitation rights, child custody, and child support. Because you came to an agreement, there will be no court visit and you might be able to represent yourself.
Uncontested divorces also take a lot less time and are typically less costly than contested divorces.
Uncontested Divorce Conditions in Arizona
For you to get an uncontested divorce in the state of Arizona, you each need to come to an agreement on the following matters:
- If one of you is going to make alimony payments to the other, and if one of you is, how much.
- The division of all property and debts owed, and
- the marriage is over because of “irreconcilable differences,” which means that there is no possible way you are staying married.
If you have children together under the age of 18, you will also need to agree on the following matters:
- A visitation plan for the parent the children don’t live with, and
- who will have physical and legal custody of the child, and
- child support.
For you to file for divorce in Arizona, one of you is required to be a resident of the state for a minimum of 90 days. If you have children, the children are required to have lived in the state for a minimum of the last 6 months and presently reside in Arizona.
For more information to file for divorce in Arizona, turn to the website of the Arizona State Bar Association.
The Process of Uncontested Divorce
To get an uncontested divorce you must first file a petition for divorce. The documentation you need to have with your petition are different in some counties. This means you are required to verify them with the Superior Court where you’re planning to file (the county where one of you lives) for the proper documents.
The one filing the petition is known as the “petitioner” and the other is known as the “respondent.” Inside the petition there is a little information about you, your spouse, and the children if there are any. You also need to add the terms of any agreements you have come to regarding the division of your property and any debts, alimony payments, child visitation rights, child custody, and child support.
Once the petition has been filed and you’ve paid the necessary fees, there are 2 ways that each of you can proceed with the uncontested divorce: by a consent decree or by default.
