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What Is an Uncontested Divorce?


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“An uncontested divorce means that both spouses agree on all of their divorce-related issues,” according to Nolo. If the couple can reach an agreement, then it’s time to hire a lawyer to draw up the arrangement. Every state has its particular requirements to be met before a divorcing couple can proceed with an uncontested divorce.

Moshier Law professionals can help navigate the paperwork for uncontested divorces, often on a flat-fee basis. Requirements are also available at local courthouses. Uncontested divorces, despite mandatory legal requirements, are usually more straightforward and cost-effective. They eliminate constant negotiations, court hearings, and lawyers, resulting in lower legal fees and reduced stress. Resolving issues requires some amicability between spouses to reach mutual agreements, emphasizing compromise for successful resolutions. Although initially challenging, it’s a method to end a marriage without a court battle. This approach provides a clear understanding of divorce costs and allows control over the timing of the final resolution.

Uncontested Divorce Process

Here you can learn more about the processes that make up an uncontested divorce in Scottsdale.

Step 1. The person who files the divorce court case or petitioner decides:

How can I terminate this relationship legally? The choices are as follows:

  • Annulment.
  • Legal Separation.
  • Divorce.

Step 2.  Can I rationally communicate with my spouse in order to come to an agreement about the terms of legal separation or divorce?

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

Step 3. The petitioner (or person who files) needs to fill out all required forms or hire an attorney to complete them for the filing party.

Step 4. The petitioner needs to file the court forms.

  • You can take the completed forms to the courthouse, hand them to a Clerk of the Court who will then insert the forms in a file, to commence the case. They will make photocopies and stamp them: “Filed.”
  • Filing court forms involve a fee. Depending on the court this ranges from $300 to $400.
  • A fee waiver may apply if you are not in a position to be able to afford the court fees.

Step 5. An adult (18 years of age or older) who isn’t involved in your case, serves the respondent formally, or other spouse, copies of the forms.

  • The respondent (the person being sued) has the right to be notified to meet legal requirements once a lawsuit is filed.
  • “Service Of Process” needs to be completed with enough time for the respondent to go to the court and explain their side of the situation before the judge makes a decision.
  • The person who served the copies to the respondent must complete a “Proof Of Service” form showing they provided the right forms to the respondent.

Step 6. The respondent has the chance to decide how they would like to handle the divorce case.

  • The respondent has to decide if they wish to file a response with the court. If they choose not to do so, the judge has the right to determine how the marriage will end without input from the respondent, this is known as divorce by default.
  • The petitioner may work out the terms of the divorce as an alternative. If there is any domestic violence going on in the relationship, it is best to seek legal counsel before making a decision.

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

  • They will have 20-30 days to file their court divorce forms, once served with the petitioner’s paperwork.
  • The respondent will file papers with the court and will need to pay the filing fee.

Step 8. An adult (18 years of age or older) who isn’t involved in the case, serves the petitioner with a copy of the respondent’s court forms

  • The person responsible for serving the court forms completes a document called “proof of service” showing they accurately presented the correct forms.
  • The respondent then files the proof of service form with the court clerk.

Step 9. Each side exchanges financial documents that declare what they owe and own. The process is known as Preliminary Declaration Of Disclosure.

  • Disclosing these documents assists both parties involved in the divorce to divide their debt and property amicably.

Step 10. The court will approve and sign a “Consent Decree Of Default Judgment” to let a couple become lawfully legally separated or divorced. The divorce terms are part of the court judgment and are dependent on whether the respondent filed a response or whether the couple can reach an agreement about the terms via a consent decree.

  • You cannot end your marriage legally until at least two months after filing the case, and the respondent has been serviced with their copy of the petitioner’s paperwork.
  • Divorces do not get finalized on their own! One, maybe both sides may have to file additional paperwork before the divorce goes through. Please follow all the steps to ensure your divorce is finalized efficiently and effectively.
  • A couple may not have to face a judge if they can come to an agreement about all their outstanding issues and submit a mutually signed and notarized Consent Decree to the Court for signature.
  • If an agreement is not reached, they must go to court to and let a judge make the decision.

How Much Does Uncontested Divorce Cost?

Lawyer fees are often on a flat-fee basis and average between $200 to $1,500 depending on the complexity of your assets and whether or not you have children. If you hire an attorney on retainer, expect to be charged $250 to $450 for every hour of their time. State courts will charge a filing fee for a divorce petition; it does vary from state to state, but you can budget for a minimum of $200. If you choose to use a private process server or a sheriff to deliver the petition to your spouse, this will set you back an additional $35 to $100. Realistically, you should be looking to add on another $300 to $400 above the basic court filing fee. Disclaimer – These fees are always changing, and this is not an actual quote. If you need an experienced divorce lawyer contact Moshier Law to start your initial consultation.

Uncontested Divorce In Scottsdale, Arizona

In Scottsdale, Arizona, an uncontested divorce occasionally progresses by default. One party initiates the divorce, while the other abstains. In such cases, the divorce moves forward, and the initiating party attends a default hearing, leading to the court issuing a divorce decree. For uncontested cases, we may offer a flat fee. It’s crucial to address key issues for court approval, notably the state’s jurisdiction over your spouse and children. Without jurisdiction, the court can’t make property or financial decisions. Moshier Law in Scottsdale ensures comprehensive guidance through the uncontested divorce process, safeguarding your rights. Our experienced lawyers, well-versed in various legal matters, facilitate a cost-effective dissolution of marriage, whether through private agreement, mediation, collaboration, or a contested scenario.

Uncontested Divorce Lawyer Consultations in Scottsdale, Arizona

If you are searching for uncontested divorce lawyers in Scottsdale, Moshier Law group can help! We can advise and protect you regarding:

  • Divorce and property division.
  • Dividing personal possessions, valuables and vehicles, and closely held businesses.
  • Debt division.
  • Practice valuations.
  • Child support.
  • Child custody.
  • Child visitation.
  • Marital home and real estate matters.
  • Retirement savings, pensions, and investment allocations.
  • Alimony, and spousal maintenance.

Schedule your initial case evaluation today to find out how our uncontested divorce attorneys can help you. Best Legal Services is your first choice when you want the best uncontested divorce lawyers in Phoenix, Scottsdale, Chandler, Mesa, and Glendale, Arizona. Our experienced family law attorneys will work alongside you to obtain the best outcome possible. You can trust us to represent you so that you can move on with your life. Call today for an initial consultation!

Scottsdale Service Area

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

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