Originally Posted On: https://thevalleylawgroup.com/blog/uncontested-divorce-az/

Uncontested Divorce in Arizona: What You Need to Know

Divorces can be messy, expensive, and emotionally draining. Fortunately, it doesn’t have to be that way for every couple. For couples who believe they can work together and peacefully settle a divorce, an uncontested divorce may be an appealing option – uncontested divorce is usually a faster, less expensive way for a couple to obtain a divorce. Learn more about an uncontested divorce in Arizona and whether it is right for you.

What Is an Uncontested Divorce in Arizona?

An uncontested divorce is possible when both spouses agree on all divorce factors, such as property division, child custody, child support, spousal support, and how the marital assets and debt will be divided.

These factors must be addressed during the dissolution of any marriage. While a contested divorce typically involves disagreements regarding some of these factors, necessitating mediation or litigation to settle the issues, an uncontested divorce does not. An uncontested divorce involves the couple beginning the divorce with the intent of coming to a mutual agreement on key issues outside of court.

Division of Assets and Debts

A significant aspect of any divorce involves the division of marital property, including the marital home, vehicles owned jointly, retirement funds, bank accounts, other investments, and other property. Marital debts must also be divided between the couple, which means that both spouses agree on who will pay the debt incurred during the marriage. While Arizona is a community property state that requires the equitable division of property and debt acquired during the marriage, how the division takes place is frequently a contentious issue. An uncontested divorce can avoid haggling regarding asset and debt division.

Child Custody and Child Support

If the couple has children together, they must determine how to assign visitation, parenting time, and the right to make important legal decisions for the child. Physical custody, known in Arizona as “parenting time,” establishes where the child will live and how much time they will spend with each parent. Legal custody, known as “decision-making rights” in Arizona, determines who must be involved in making healthcare, school, and other decisions on the child’s behalf. Joint custody occurs when both parents share these rights in some fashion, while primary custody occurs when one parent retains these rights.

Child support may also be necessary. Both parents must make financial contributions to continue supporting their children, even if they no longer live in the same home. A parent with less parenting time typically pays child support to the other parent to accommodate their portion of the expenses. Parents who can come to an agreement regarding custody and child support without negotiating in court may be eligible for an uncontested divorce.

Spousal Maintenance

Spousal maintenance, or alimony, refers to payments a higher-earning spouse makes to the lower-earning spouse. In Arizona, spousal maintenance may be necessary to help the lower-earning spouse maintain the same standard of living they experienced before the divorce. In other cases, it may be necessary to ensure the lower-earning spouse will not endure financial hardship, especially if they sacrificed career opportunities to raise children, advance the higher-earning spouse’s career, or at the request of their spouse.

Benefits of an Uncontested Divorce

When the divorcing couple can agree upon these aspects without the need to proceed to mediation, arbitration, or litigation, an uncontested divorce is possible. Coming to an agreement on these crucial issues can save time, legal fees, and emotional stress.

Reduced Cost

One of the most significant benefits is the cost of an uncontested divorce in Arizona, which is typically much less expensive than a contested divorce. As the couple will not need to undergo mediation or hash out disagreements in court, uncontested divorce usually does not require as much time from attorneys, reducing the legal fees associated with the divorce. Couples with relatively straightforward assets and debts and couples who can agree regarding child custody rarely need to hire expert witnesses like forensic accountants, property appraisers, and child psychologists.

Reduced Time in Court

An Arizona divorce will take 61 days at a minimum due to the mandatory 60-day waiting period. Although most divorces take longer than 61 days due to the court’s schedule, relatively little time in court is necessary for the Arizona uncontested divorce process. Appearances in court are typically less frequent during an uncontested divorce than if the couple must return several times to litigate disagreements. In some cases, the couple may not be required to appear in court. An uncontested divorce is one of the only ways to obtain an Arizona divorce without going to court.

In general, even with court appearances, uncontested divorces boast a faster resolution time, as constant negotiation between the couple’s attorneys is unnecessary. Since the couple is in complete agreement on all factors involved in a divorce, a settlement can be reached much more quickly than if the divorce were contested.

Better Control Over Divorce Terms

The couple may also find that they can have more control over the final outcome of the divorce. With a contested divorce, any unsettled terms are relegated to the judge for a final decision. With an uncontested divorce, the parties involved can create a divorce settlement agreement involving all of the most important divorce terms, including how assets will be divided and a parenting plan. After making the agreement, the couple must present it to the judge for approval and await the final divorce decree.

Reduced Stress

An uncontested divorce has the potential to cause much less emotional stress for all parties involved. As the spouses do not have to participate in ongoing negotiations to settle disputes, an amicable divorce process in Arizona reduces the potential for stressful confrontations and lengthy debates while the divorce process takes place. If the couple has children, they, too, might feel less stressed knowing that their parents are not constantly at odds with each other.

Arizona’s Summary Consent Divorce Process

There are two ways that a divorce can proceed uncontested, according to Arizona law: a consent decree or a divorce by default. The two types require the same steps during the initial eligibility and filing process, but a default divorce can only occur if your spouse fails or refuses to respond to the divorce petition. You can follow these steps to initiate an uncontested divorce.

1. Determine Your Eligibility

First, determine whether you and your spouse are eligible for an uncontested divorce. To qualify, you or your spouse must have lived in the state of Arizona for at least 90 days, and both spouses must determine that their marriage is irretrievably broken. (ARS 25-312). Additionally, both spouses should agree on how to divide marital assets and debts, and parents should agree on child custody and child support terms.

Keep in mind that you can only file a Summary Consent divorce if you do not have a covenant marriage and you both desire to end the marriage.

2. File the Divorce Petition

Next, you or your attorney should file a Petition for Dissolution of Marriage. Take care to ensure that all information is correct and up-to-date before filing. Then, file the document with the County Clerk who has jurisdiction in your case.

3. Serve Your Spouse

You must serve the Petition to your spouse within 120 days of filing. You can hand-deliver, deliver by mail, request service from the County Sheriff, request service via a process server, or publish the document. In cases where spouses anticipate an uncontested divorce, service is typically simple.

4. Await a Response

Your spouse must respond to the Petition for Dissolution of Marriage within 20 days if they live in Arizona. They have up to 30 days if they do not live in Arizona. They must sign an Acceptance of Service notice and the Petition before a Notary Public and return the forms to you via one of the methods above.

5. Submit the Divorce Agreement

If your spouse agrees to the divorce and you have come to an agreement regarding all terms outlined in the divorce agreement, then you must notify the court of your intent to complete an uncontested divorce. You must both sign a Consent Decree before a Notary Public, which will be presented to the court along with a separation agreement outlining the terms of your divorce, including the division of assets and debts, spousal maintenance, and child support/custody, if applicable.

6. Await Approval

The court will hold a hearing to assess the Consent Decree. If approved, the judge will sign it, finalizing the divorce.

Default Divorce

An uncontested divorce through default follows the same steps as above, including determining whether or not you are eligible and filing the Petition for Dissolution of Marriage. However, if your spouse does not respond to the petition within the 20 to 30-day time frame, you may file an Application and Affidavit of Default with the Clerk of Court.

A copy of this application will be given to your spouse, and they must respond within 10 days. If your spouse still refuses to respond, you may request to schedule a default hearing. During this hearing, the judge will likely question you regarding specific aspects of the divorce, especially if you and your spouse have minor children. After the judge determines that your petition is legally valid, they will grant you a Decree of Dissolution, finalizing your divorce without your spouse’s input.

Is an Uncontested Divorce Right for You?

An uncontested divorce is ideal for couples who can agree on all details involving the divorce, which means each spouse can feel as though their opinions, desires, and needs are being heard by the other spouse. It is a particularly feasible option for couples without a large or complex set of marital assets and debts that must be divided. As child-related issues are often hotly contested, couples without children may be more likely to benefit.

Additionally, it is a good choice for those who wish to avoid court involvement, as many uncontested divorces do not require court appearances. Applicants who want to keep details of their personal life private may find an uncontested divorce a good option, as some of the information may remain out of the public record. An uncontested divorce can benefit many couples, especially if they are motivated to save time, money, and potential emotional distress.

However, that does not mean that an uncontested divorce is right for all couples. For example, uncontested divorces may not be appropriate for marriages in which there is a history of domestic violence, as one spouse may not feel like they are allowed to disagree with the other for fear of negative consequences. Similarly, it may not be wise to settle outside of court if there is a history of substance abuse or alcoholism.

If one spouse believes that the other is hiding assets or if the divorce involves complicated financial matters and valuable assets that must be divided between the couple, it may be wiser to litigate in court. An uncontested divorce is not a viable solution for couples that cannot agree on important factors of the marriage, such as how property should be divided or how debts will be allocated. Similarly, if parents are having difficulty agreeing on a parenting plan, an uncontested divorce may not be possible.

How The Valley Law Group Can Help

A divorce attorney is a crucial resource for successfully navigating the uncontested divorce process. They can ensure the proper completion and filing of all associated documents. Just as importantly, a skilled attorney can help you ensure that all agreements made are legally sound.

The creation of a fair and valid parenting plan that considers the child’s needs ensures that your rights are protected throughout the process and improves your chances of approval by a family court judge. Likewise, the creation of a fair spousal maintenance agreement and/or division of assets can help you preserve your rights and avoid potential future disputes.

The divorce attorneys at The Valley Law Group take pride in guiding Phoenix-area residents through the divorce process with ease. Our legal team excels at aiding clients just like you to determine eligibility for an uncontested divorce, file essential divorce documents, respond to divorce documents, and negotiate terms with opposing counsel. Our commitment to you is to provide personalized legal services with the compassion you’ve come to expect from our award-winning family law team.

Consult with an Arizona Divorce Lawyer at The Valley Law Group

An uncontested divorce can be a wonderful option, but you must ensure you can amicably settle the dissolution of your marriage and agree on all essential aspects involved. While uncontested divorce can be a less complicated process, many factors remain to consider, including eligibility, the division of assets, parenting plans, and support agreements.

Contact The Valley Law Group to schedule a consultation to discuss your divorce options and determine if an uncontested divorce is the right choice for you.

Resources:

1. Maricopa County Superior Court. (n.d.). Family court forms: FC_DR7 – Consent decree of dissolution of marriage (divorce). Maricopa County Superior Court Law Library Resource Center. https://superiorcourt.maricopa.gov/llrc/fc_dr7/
2. Arizona Court Help. (n.d.). Consent decree in divorce cases. Arizona Court Help. https://azcourthelp.org/browse-by-topic/divorce/consent-decree
3. Arizona Legislature. (n.d.). A.R.S. § 25-314.01 – Consent decree. Arizona Revised Statutes. https://www.azleg.gov/ars/25/00314-01.htm
4. Arizona Legislature. (n.d.). A.R.S. § 25-312 – Dissolution of marriage; findings necessary. Arizona Revised Statutes. https://www.azleg.gov/ars/25/00312.htm
5. Arizona Legislature. (n.d.). A.R.S. § 25-317 – Separation agreements; effect. Arizona Revised Statutes. https://www.azleg.gov/ars/25/00317.htm