WHAT IS AN UNCONTESTED DIVORCE?

Every state has their own requirements for an uncontested divorce and those rules must be met before both parties move forward – however both parties must agree on all the issues regarding the divorce. High Desert Family Law Group can assist with this process.

An uncontested divorce is often far simpler as well as being less expensive as there is no need for ongoing negotiation. Hence, legal fees are lower, and the level of stress is usually far less.

To get mutual agreement, both parties must be able to communicate and resolve outstanding issues. You can also have some control over the timing of the divorce resolution.

UNCONTESTED DIVORCE IN SCOTTSDALE, ARIZONA

In Arizona, it is possible for an uncontested divorce can move forward through a default process. If one party files for divorce and the other party does not respond, the party who filed can attend a default hearing. As the process continues, the court will enter a decree for divorce. High Desert Family Law group can offer a flat fee for these services in some circumstances.

With decades of experience, we can make sure your uncontested divorce protects your rights in a way that is efficient and cost-effective. Whatever your divorce process, High Desert Family Law Group can help you.

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UNCONTESTED DIVORCE PROCESS

Step 1. The party filing the divorce court case decides.

  • How can this marriage end? The three options are Divorce, Annulment or Legal Separation

Step 2. Can I reasonably communicate with my spouse regarding the terms of our divorce or legal separation?

  • Money can be saved on filing fees and time
  • Disagreements can be resolved by the need of a judge by using a mediator

Step 3. The petitioner completes all the required forms or hires a law firm to complete them.

Step 4. The Petitioner files their court forms.

  • Once the forms are taken to a court, a court clerk who will assemble the case and make copies. They will then stamp the photocopies as ‘filed’
  • Filing court forms involve a fee that is less than $400
  • If you cannot afford the court fees, the fee may be waivered

Step 5. An adult (18 and older) who is not involved in the case, formally serves the respondent, or other spouse, copies of the file-stamped court forms.

  • When a lawsuit is filed the person being sued (the respondent) has a right to be notified
  • Known as “service of process,” this needs to be done with enough time for the respondent to go to court to tell the judge their side of the story
  • The person who served the copies has to complete a form called “proof of service” showing they have given the correct forms to the respondent correctly
  • The proof of service form with the court clerk

Step 6. The respondent decides how they will handle the divorce case.

  • The respondent decides if they wish to file a response with the court. If they do not, the judge can then terminate the marriage as an uncontested divorce
  • An agreement may be worked out with the petitioner. If there is domestic violence in the relationship, it is best to seek further legal counsel before proceeding

Step 7. When the respondent wishes to respond they will complete the proper forms, and file them with the court clerk.

  • There will be up to 30 days to file court divorce forms after being served the petitioner’s paperwork
  • The respondent will file the papers at court and will have to pay the appropriate filing fees

Step 8. A legal adult (18 and older) who is not involved in the case, serves the petitioner a copy of the respondent’s responsive court forms.

  • The person who served the court divorce forms completes a document known as a “proof of service” to show they have been given the correct forms in the right way.
  • The respondent then files proof of service form with the court clerk.

Step 9. Each side exchanges financial documentation declaring their assets and liabilities what they own and owe. This is known as “preliminary declaration of disclosure”.

  • These documents assist both parties involved in the divorce divide their property and debt in a way that can be agreed

Step 10. The court approves and signs a Consent Decree of Default Judgment to let a couple become lawfully divorced or legally separated. 

  • Until a minimum of two months after the case is filed, you cannot legally end your marital status
  • The divorce does not finalize on its own. You must follow all the steps to make sure your divorce is finalized in an effective method
  • If an agreement regarding all their issues and simply submit a mutually signed and notarized Consent Decree to the Court for signature, the parties may not have to face a judge
  • If an agreement cannot be reached, the parties must proceed to court to reach an agreement The judge will make the decisions for you, if agreements cannot be obtained

Contact us today and get your

FREE CONSULTATION!