How Long Does An Uncontested Divorce Take?

An uncontested divorce is obviously when neither party is in dispute. This makes for more simple court proceedings but obviously all the details need to be ironed out by the partners going their separate ways before agreeing to the divorce. The timeline for an uncontested divorce in Arizona undoubtedly depends on the specific couple and their willingness to compromise.

How Does The Divorce Process Work In Arizona?

Typically, the divorce process in this state starts when one spouse files a petition for dissolution of marriage. Referred to as a divorce petition, this legal document is a formal request to the court to end a marriage.

The petition needs to be served to the other spouse, giving him or her 20 days to file a response if they live in Arizona. Those living out of state have 30 days to respond.

Uncontested Divorce In Arizona

An Arizona uncontested divorce occurs when both spouses agree on all the major issues at hand. This tends to include spousal support, child custody, child support, and property division.

This divorce type is usually faster and less expensive than a contested divorce. In this divorce process, spousal disagreements often lead to prolonged legal battles.

Why Choose An Uncontested Divorce?

There are several reasons why couples may choose to enter into an uncontested divorce. Below are a few pros and cons associated with uncontested divorce.

Eligibility

If the following has been addressed to everyone’s agreement – the first step is for one of the parties to commence the divorce filing:

• Child custody.
• Spousal support.
• Property division.
• Child support.

If all of these have been agreed upon prior to the filing of the divorce or if the other party does not make an appearance at the court hearing, the Judge can grant an uncontested divorce.

Benefits

With lower legal costs and less attorney fees (as long a everyone agrees) it is the quickest way for separating couples to proceed. It is worth knowing information disclosed can and will be made public, including personal info and records of financial transactions. However, an uncontested divorce takes away the need for much of this, offering further privacy to everyone.

Disadvantages

If the divorcing couple has children, complicated finances and other investments, disagreements during the divorce process are far more likely. Additionally, there will be further paperwork to field regarding the custody and financial support of the children. The most cost-effective way to proceed in these circumstances is to speak with an attorney who can advise on the best course of action.

Uncontested Divorce Timeline

The minimum required time to finalize an uncontested divorce is 61 days in Arizona. This includes the mandatory 60-day waiting period following the filing of the divorce petition. This minimum time is intended to give spouses time to possibly reconsider their decision or see a marriage counselor.

The majority of uncontested divorces do take longer than 61 days. The average process takes between 90-120 days to complete. The timeline ultimately depends on how quickly the spouses can make agreements and complete the legal paperwork. Some complex divorce cases can take up to six months to complete.

How Long Does An Uncontested Divorce Take In Arizona?

Depending on the state you live in the amount of time a divorce takes can vary even when the couple has agreed on most issues. Waiting periods can be up to six months in some states. This waiting period takes into account the initial filing of paperwork all the way to the finalization of the divorce.

In select states, the entire process can be completed within sixty days. Even in the best circumstances and depending on your location, both parties should expect the divorce process to last between six weeks and twelve months.

Here are a few considerations to account for over the duration of this process:

• Do both parties own property?
• Do you have a child or children together?
• Do both parties own assets?
• What is the current relationship between the parties?
• Was a pre-nuptial wedding agreement signed?

Divorce courts will be busy depending on your location, with some experiencing extensive backlogs of cases. Both parties must also meet the requirements for residency in the state where they are filing the divorce. Some states may feature a waiting period of six to twelve months.

It can take as few as 60 days to obtain a divorce decree in Arizona. However, the average time for divorces statewide to be resolved is 105 days. In cases where the parties agree on all concerning issues, a joint agreement may be taken to the court for filing. If an agreement is reached and submitted to the courts, the judge could sign it in to the divorce decree at the waiting period’s termination point.

Source: “How Long Does Divorce Take?” https://www.survivedivorce.com/how-long-does-divorce-take