Uncontested Divorce in Arizona
How We Can Help With Your
Uncontested Divorce
Technically, there is no such thing as an Uncontested Divorce in ArizonaTechnically, there is no such thing as an uncontested divorce in Arizona. But realistically, you can get divorced in Arizona by agreement without any acrimony—or even having to step foot in the courthouse, but the process is different than what is traditionally considered an…Read more about Uncontested Divorce in Arizona. But realistically, you can get divorced in Arizona by agreement without any acrimony—or even having to step foot in the courthouse, but the process is different than what is traditionally considered an “uncontested divorce.”
An “uncontested divorce” generally refers to a procedure in which spouses file for a divorce together jointly. That is not an option in Arizona. But what we do have is fairly similar. Here’s the simplest, quickest and best way to get divorced when you are in agreement or believe you can reach full agreements:
- Discuss the outstanding issues and reach agreements. Mediate, if necessary. For every divorce, you must decide how you are going to divide the Community PropertyThis is property that belongs equally to both spouses. It includes any property, asset, or liability either party acquires during the marriage with the exception of property acquired by gift or inheritance. Parties can opt out of community property laws with a prenuptial…Read more about Community Property. You must also determine if one spouse will pay the other spouse Spousal MaintenanceThese are payments made from one spouse to another when one spouse cannot financially meet their reasonable needs on their own. The law permits spousal maintenance (or alimony as it’s called in other states) for several reasons—to help maintain the lifestyle the parties enjoyed…Read more about Spousal Maintenance. If children are involved, you must also decide the custodial issues of Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making (how decisions will be made regarding the children) and Parenting TimeThis is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Read more about Parenting Time (the schedule of when the child is with each parent) as well as Child SupportBy law, every person has a duty to support their biological or adopted children. See A.R.S § 25-501(A). This applies without or without a court order. The term “child support,” though, generally refers the Court-ordered amount one parent is required to pay to the other parent.Read more about Child Support.
- MediationA common settlement method where the parties use a mediator, a neutral third party, to negotiate a settlement. Family law mediations usually involve the mediator meeting separately with each party and their attorneys. Mediation is often highly effective.Read more about Mediation. Mediation can be started before or after filing. MediationA common settlement method where the parties use a mediator, a neutral third party, to negotiate a settlement. Family law mediations usually involve the mediator meeting separately with each party and their attorneys. Mediation is often highly effective.Read more about Mediation is ideal where spouses are open to discussing the issues and negotiating an agreement. Mediation is not ideal in cases involving Domestic ViolenceFor an action to be considered domestic violence, it must (1) be an act that meets the standard for the criminal offense of one of the following: homicide, attempted murder, assault, theft, criminal damage to property, trespassing, stalking, voyeurism, or harassment, and (2) the…Read more about Domestic Violence, extreme anger, or where the parties are not willing to discuss compromise.
- Filing the PetitionThis is a court document that someone files to start a case.Read more about Petition. Every divorce in Arizona starts the same way: By filing a Petition for DissolutionA document that starts a case to end a marriage, i.e., the paperwork that starts the divorce.Read more about Petition for Dissolution with the superior court. The person who files will be listed as the “PetitionerThis term refers to the person or party who filed the original lawsuit. Defined in the rules as, “The person or entity [who] files the first petition.” ARFLP Rule 3(f)(1). In family law matters, some people develop an emotional attachment to being the Petitioner vs the Respondent…Read more about Petitioner,” the person who responds will be listed as the “RespondentThis term refers to the person or party on the receiving side of the original lawsuit. Defined in the rule as “any opposing party other than the petitioner.” ARFLP Rule 3(f)(2). See also Petitioner.Read more about Respondent.”
- Service. In cases where the parties agree to the divorce, service is most often accomplished by Petitioner providing the Respondent with a copy of all the documents filed and having the RespondentThis term refers to the person or party on the receiving side of the original lawsuit. Defined in the rule as “any opposing party other than the petitioner.” ARFLP Rule 3(f)(2). See also Petitioner.Read more about Respondent sign in front of notary that they have received the documents. The document the Respondent signs is called an Acceptance of Service. This is filed with the Court.
- Wait 60 days. Even where the parties agree to the divorce, they must wait 60 days for the divorce before they can finalize the divorce.
- Draft, Sign, and File the Consent DecreeWhen the parties agree on all issues in a divorce, they draft and submit a Consent Decree. The Consent Decree should contain all the parties’ agreements on all the outstanding issues. Where children are involved, a Parenting Plan must be included with the Consent Decree. If…Read more about Consent Decree. During the sixty days, the parties can draft up and sign the Consent Decree. This is the document that divorces the parties. If the parties have children, they must also file a Parenting PlanThis is the Court order that contains the legal decision-making and parenting time orders. It sets forth the parenting time schedule and includes the other custody orders.Read more about Parenting Plan (which contains agreements regarding custody and child support as well as other items required by state law to be included in a Parenting Plan). The parties can choose to have a Property Settlement AgreementThis is a document that is part of the Divorce Decree. It divides up all the property. It gives substantially more protection and convey stronger title than do similar provisions made in a Consent Decree alone.Read more about Property Settlement Agreement, which divides their property with significantly more layers of protection than does a Consent DecreeWhen the parties agree on all issues in a divorce, they draft and submit a Consent Decree. The Consent Decree should contain all the parties’ agreements on all the outstanding issues. Where children are involved, a Parenting Plan must be included with the Consent Decree. If…Read more about Consent Decree.
- The judge signs the Consent Decree. Once filed, it usually takes 7-10 days for the judge to sign and the clerk to process the Consent Decree and send it back out to the parties. Once the Decree is signed, the divorce is finalized and the parties are no longer married, and their agreement becomes an order of the court.
Be aware that Maricopa County Superior Court is trying a program called a Summary Consent DecreeA full definition is available in the State 48 glossary.Read more about Summary Consent Decree that allows the parties to file and submit a Summary Consent Petition and Decree at the time of filing, and the Court will then calendar 60 days as a reminder to have the judge sign the Decree once the mandatory 60-day Waiting PeriodUnder Arizona law, you must wait sixty (60) days from the date of service (i.e., the date the party who didn't file the divorce is formally served with the paperwork) before the divorce can be completed. This is implemented by the Legislature as a matter of public policy to…Read more about Waiting Period has passed. This essentially combines the second, third, and fifth steps into one step.
Don't Take Our Word For It,
See What Our Clients Have To Say.
Contact State 48 Law
We offer in-person, video, and phone consultations.