What Is An Uncontested Divorce

What Is an Uncontested Divorce?

“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.

These requirements can be checked out by the professionals here at Moshier Law who can assist you with navigating the paperwork, sometimes on a flat-fee basis. The requirements are also available at your local courthouse. An uncontested divorce is frequently far more straightforward and cost-efficient despite having to meet specific legal requirements that are mandatory. There is no need for constant spousal negotiation, court hearings, lawyers. Meaning, the legal fees are usually far lower, and it is a lot less stressful for all concerned as well. Working out resolutions does require a degree of amicability between the spouses to come to mutually agreeable conclusions. Compromise is, of course, the key to bringing about successful resolutions. Although at the outset this may seem challenging, it is a method to terminate your marriage without the onslaught of a court battle. It is also a way to know precisely the cost of “papering” your divorce and enables you to control 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 may, on occasion, also move forward by default. One party files for divorce and the other party does not take part in the divorce process. When this occurs, the Arizona divorce by default moves forward, and the party who filed attends a default hearing. The court enters a divorce decree without the participation of the other party. In certain situations, we offer a flat fee for uncontested services. There are important issues to consider so your uncontested divorce will get court approval – a primary concern is 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. Moshier Law, located in Scottsdale, can guide you through the uncontested divorce process, making sure your rights are protected fully. Our lawyers have decades of experience in a wide range of legal matters. We understand the law and will guide you through the dissolution of marriage process in the most cost-effective way possible. Whether your divorce is settled by private mediated or collaborated agreement, contested or uncontested, Moshier Law group can help you.

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.

Uncontested Divorce Attorney in Scottsdale & Phoenix, Arizona

Moshier Law is your first choice for when you need the best uncontested divorce lawyer in Scottsdale and Phoenix, Arizona. Moshier Law should be your choice when you need the best divorce lawyer in Scottsdale. An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation. Common queries used to find our Uncontested Divorce Attorneys including Uncontested Divorce lawyers, Uncontested Divorce attorneys, uncontested divorce lawyers near me, uncontested divorce attorneys near me, uncontested divorce lawyer for men, aggressive divorce attorneys, and best uncontested divorce attorneys in Scottsdale.

Divorce and Family Law

When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, you’ll know every option.

Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind.

Call us today! 480-999-0800

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Jennifer Moshier Collaborative Divorce Lawyer Scottsdale Arizona
Jennifer Moshier, Scottsdale Divorce Lawyer


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Divorce and Family Law

When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, we can meaningfully describe why collaborative law or mediation may or may not be your best option.

Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind.

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