What is an Uncontested Divorce?

Divorces don’t always have to be messy. If you and your partner are amicable in your divorce and can agree to the factors of the process such as the division of property, Arizona has an option available that can make the process significantly easier for both of you, known as the “consent decree”.

Before you’re able to get a divorce via the consent decree, there are requirements that you and your partner must be able to fulfill. First, to get any type of divorce in Arizona, you both must have lived there for at least 90 days. You must both also agree that your marriage is “irretrievably broken”, or that there is no chance that your marriage can continue. Most importantly, you must both agree as to the details of how property will be split, whether or not one of you will pay alimony, and the details of child custody and the parenting schedule or child support if necessary. Determining these details and agreeing upon them can be exceedingly difficult, and are the most difficult part of the uncontested divorce process. Because of this, it’s still highly recommended to consult with a family law attorney through the process, to ensure the division of property and other agreements made are fair.

Assuming you and your partner are in agreement, you may go ahead and file for divorce. The process will be expedited because it is uncontested, and likely won’t have to involve going in front of a judge. The costs for doing so will also likely be significantly lower than a regular divorce, as a lot less processing and work is necessary to file the divorce. Because the divorce is filed jointly in an uncontested divorce, there is also no need to serve papers to the other spouse, as well as no need for them to respond.  Finally, you’ll file the final consent decree, which a judge will review, sign, and return to you. 

Even an uncontested divorce is still a complicated process, and making mistakes along the way could cause much larger damages down the line, like a wrongful calculation of the assets both partners hold, which could create an uneven division of property. Just as with any divorce case, legal counsel is always recommended. Monahan Family Law is available to guide you through the uncontested (or regularly contested) divorce process and make the entire process simple for you. Call us at (623) 385-3190 to set up a consultation today.

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